Many employment and labor problems are foreseeable, and therefore preventable. The saying, “an ounce of prevention is worth a pound of cure” is especially true in the employment and labor areas. For example, we advise employers on the requirements and issues involved in properly classifying individuals as independent contractors. We also help employers develop and maintain affirmative action programs. We advise and represent employers in compliance matters relating to the federal Fair Labor Standards Act and the state wage and hour laws, the Civil Rights Act of 1964, the California Fair Employment and Housing Act, and the many other state and federal employment rights laws.
When employment problems cannot be prevented, Ferris & Britton is fully prepared to represent employers before any California or federal court and before the various federal and state administrative agencies having jurisdiction over employment and labor matters. We represent employers in investigations conducted by the Office of Federal Contract Compliance, U.S. Department of Labor, EEOC, Cal/OSHA, California Labor Commissioner, DFEH, EDD, California Unemployment Insurance Appeals Board, NLRB and similar agencies. We will also challenge, if necessary, agency decisions in state and federal courts.
As a result, many employers turn to Ferris & Britton for assistance for the following:
- Compliance and claim prevention, developing and installing hiring and termination procedures, employment agreements, nondisclosure agreements, employee handbooks, work rules and disciplinary systems;
- Wrongful termination, minimizing exposure before litigation and successfully defending litigation;
- Discrimination claims, steps to minimize risk, appropriate response to claims, defense during administrative investigation and litigation;
- Wages and hours, determining exempt/nonexempt status, meal period and break requirements, compliance with conflicting federal and state law;
- Workers’ compensation, special matters not covered under Workers’ Compensation insurance defense such as discrimination and other penalty claims;
- Labor relations and unions, countering organizational campaigns, decertification planning, collective bargaining, defense of unfair labor practice claims, grievance arbitration, and labor litigation; and
- Unemployment insurance, advice during investigations, unemployment insurance hearings and on appeals.
For more information about the firm’s Labor & Emplopyment practice see the Primerus web page.