Employment

Farella Braun + Martel’s employment law attorneys provide a wide range of employment litigation and counseling services to employers. We work with employers to find the most effective ways to implement sound business policies that minimize the risk of employment litigation and workplace conflict. Our clients range from national leaders in the technology, credit card, e-commerce, professional service, beverage and vineyard industries to small emerging and privately held companies.

Farella employment attorneys provide day-to-day counseling to employers on a variety of topics including restrictive covenants, protection of trade secrets, terminations, disability accommodations, sexual harassment investigations and drafting employment policies and procedures. We provide training to employee groups and professional organizations on legal compliance and contemporary workplace best practices in order to minimize litigation and maximize productivity.

When litigation is necessary, we partner with our clients to find cost-effective resolution methods consistent with the employer's goals and business needs. We have successfully represented employers before arbitrators, juries, administrative agencies and appellate courts on issues such as wage compliance, disability accommodation and leaves of absence, sexual harassment, discrimination, “whistle blower” retaliation, union relations, trade secret protection, unfair competition, non-compete/solicitation agreements and the federal and state WARN Acts. We have represented national and multinational corporations in federal and state class actions arising under the Fair Labor Standards Act, the California Labor Code, and the California Fair Employment and Housing Act.

We frequently work with Farella’s Business Transactions, Intellectual Property Litigation, Tax, Insurance Coverage and other practice groups to take an interdisciplinary approach to learning about our clients’ employment issues, their context within the workplace, and the companies’ business priorities, leading to timely, thoughtful and practical advice.

Our comprehensive services include:

  • Effective and lawful hiring processes, including interviews and background checks
  • Preparation and implementation of personnel manuals and policies
  • Training of both management and non-management employees concerning harassment, performance management, hiring, diversity, disability accommodation, wage & hour compliance, and leaves of absence
  • Overtime classification, breaks, hours worked, wage payment and other compliance with California and federal wage and hour laws
  • Labor union relations, including collective bargaining agreement negotiations
  • Protection of trade secrets as employees depart, and avoidance of litigation when hiring employees from competitors
  • Investigation and remedy of illegal harassment allegations
  • Legal obligations to grant leaves of absence and otherwise accommodate disabilities, balanced against the employer's ability to regulate attendance and performance
  • Proper selection and processing of workforce reductions
  • Discipline, discharge and severance
  • Investigations of workplace violence and establishment of appropriate protective measures
  • Employee privacy protections
  • Insurance coverage for various employment-related disputes