Labor & Employment

We represent employers in all aspects of the employee-employer relationship.  We also offer training programs and workshops in all Labor & Employment areas. 

Personnel

We regularly advise employers regarding all personnel matters in the workplace including, among many other things, the following:

Benefits
  • Writs of mandate
  • Civil harassment restraining orders including workplace violence restraining orders
  • Commission on Professional Competence appeals
Leaves
  • Sick leave, and extended illness leave (including differential leave and half-time pay)
  • Personal necessity leave
  • FMLA/CFRA
  • Jury duty
  • Industrial accident leave
  • Military leave
  • Leave for union activities
  • Use of sick leave to care for family members, such as the Healthy Workplace Healthy Family Act of 2014 (AB 1522) and related legislation, and other leaves
Interactive Process and Discrimination Claims
  • Interactive process meetings and all procedural requirements related to the accommodations process
  • Types of reasonable accommodations
  • Analyzing direct threats and undue burdens
  • Requesting medical information
  • Fitness for duty exams
  • Investigating and responding to DFEH and EEOC claims, and others
Evaluations
  • California Standards for the Teaching Profession
  • Effective use of student data in the evaluation process
  • Evaluation alternatives and timing
  • Monitoring employee performance
  • Preparing evaluation reports and describing employee performance
  • Improvement plans and effective monitoring of the same
  • Peer Assistance and Review, and others
Wage and Hour Requirements and Overpayments
  • Overtime
  • Minimum wage
  • Public agency exemptions
  • Recovering overpayments and others
Workplace Violence Restraining Orders
  • Assessment of threats by members of the public, employees, students and others against employees
  • Evidence gathering
  • Preparing Workplace Violence Restraining Orders
  • Witness preparation in advance of restraining order hearings
  • Effective use of media and public messages during crisis and communicating with the public regarding dangerous events, and others.
Discipline and Dismissal

Disciplining and dismissing employees, especially public employees who have a property interest in their positions, can be a difficult and daunting task.  At times, slight procedural missteps may reverse dismissals, leading to the continued employment of a problem employee.  We specialize in representing employers at all stages of the discipline process and describe a few of those stages below.

  • Investigations
  • Documentation
  • Progressive Discipline
  • Probationary Releases
  • Off-Duty Conduct and Arrests
  • Disciplinary Charges
  • Hearings
  • Commissions on Professional Competence
  • Dismissal Arbitrations
  • Personnel Commission Hearings
Labor Relations

Healthy relationships with unions foster positive resolutions to difficult issues. Our experience as both former union members and/or union representatives has uniquely positioned us to assess the impact of various options on labor relations. We understand the value of positive labor relations and consistently describe the anticipated impact on labor relations when providing guidance to our clients. Yet we understand that, at times, the educational mission requires school districts to take assertive positions to support the needs of its students and are skilled at assisting school districts in those situations.

  • Investigations
  • Documentation
  • Progressive Discipline
  • Probationary Releases
  • Off-Duty Conduct and Arrests
  • Disciplinary Charges
  • Hearings
  • Commissions on Professional Competence
  • Dismissal Arbitrations
  • Personnel Commission Hearings
Collective Bargaining

We regularly represent employers in all aspects of the collective bargaining process, including the Educational Employment Relations Act (“EERA”) and the Fair Labor Standards Act (“FLSA”). We are experienced in the Local Control Funding Formula and Local Control Accountability Plans and vigorously advocate for outcomes that support school district priorities. We understand that effective negotiations start with comprehensive preparation and sufficient supporting materials to support proposals. We assist employers in many capacities throughout the negotiations process, from analyzing existing collective bargaining agreement language and providing suggestions, to attending negotiations and serving as the employer representative in negotiations, when necessary. We specialize in representing employers at all stages of the collective bargaining process including those stages described below.

  • Interest-Based Bargaining ("IBB"), including IBB trainings through certified trainers
  • Traditional Bargaining
  • Consultation
  • Impasse, including Mediation and Fact-Finding
  • Public Communications
  • Unfair Practice Charges
Grievances

Most collective bargaining agreements permit unions to challenge the violation, misapplication, or misinterpretation of the agreement through advisory or binding arbitration.  We regularly represent employers in all levels of the grievance process, including arbitration.