Practice Areas & Industries: Buchalter Nemer, A Professional Corporation

Buchalter Nemer attorneys partner closely with clients to provide broad, protective counsel that minimizes risk exposure. Our critical risk management solutions allow clients to focus on managing their businesses while we manage the details of their employment problems. From preemptive advice, and review of procedures and practices, to employer representation in court or before administrative agencies, we have the expertise to protect you.

How We Help
We keep a watchful eye out for potential hazards and costly threats to ensure that our clients have the right employment agreements, policies, procedures and plans in place. California has unique labor laws that our attorneys are especially adept at handling and we provide advice and counsel on wide-ranging issues and management concerns.

To keep you up-to-date in a fast-changing legal landscape, our practice group also offers a full range of seminars on matters of labor and employment. We provide ongoing training on a host of topics such as anti-discrimination and harassment, internal investigations and legislative updates, as well as interactive workshops on industry specific issues.

Litigation
When, despite preventative measures and careful negotiation, disputes remain unresolved, we represent our clients through every step of the way – from administrative agencies to state and federal court. Our interdisciplinary approach is ideal for any litigation challenge from defending discrimination, harassment, wage/hour, retaliation and public policy cases, to litigating unfair competition matters, including employee raiding, customer or employee
solicitation and misappropriation of trade secrets and the handling of benefit plan and ERISA issues. Moreover, our attorneys have extensive appellate experience in the California Supreme Court, Courts of Appeal, and Federal appeals courts throughout the United States should a matter enter the appeals stage.

Representative Labor & Employment Services

The Buchalter Nemer Labor & Employment Practice Group provides the following services to clients, including nationwide and global employers:

Wage & Hour Class Action Litigation: Our Labor & Employment litigation team represents clients in defending individual and class/collective actions involving meal and rest breaks, exempt/non-exempt classification, overtime calculation, recordkeeping, prevailing wage issues, off-the-clock work time, uniforms, and vacation and sick pay benefits. 

Sexual Harassment Litigation: We defend clients in sexual harassment litigation before state and federal administrative agencies, courts and arbitrators throughout the United States.

National Labor Relations Act: We represent clients before the National Labor Relations Board in response to petitions for union representation and in the defense and filing of unfair labor practice charges, and employers in bargaining with labor organizations.

Individual Wrongful Termination Litigation: We defend a wide variety of single-plaintiff lawsuits in state and federal courts and arbitrations across the country involving allegations of discrimination, violation of public policy, defamation, breach of contract, fraudulent inducement, conversion and similar claims brought by former employees.

Whistleblower And Retaliation Litigation: We have defended numerous single-plaintiff lawsuits in state and federal courts and arbitrations across the country involving allegations of whistle blowing and retaliation.

Administrative EEO Claims: We represent employers before state and federal equal employment agencies across the country, including the preparation of position statements, participation in agency-sponsored mediations, preparation of and responses to subpoenas, and participation in fact-finding hearings.

Administrative Wage & Hour Claims: We represent employers before state and federal wage & hour enforcement agencies, including the Department of Labor and the Department of Labor Standards Enforcement, including participation in settlement meetings and evidentiary hearings.

Occupational Safety & Health, And ADA Claims: We represent employers in OSHA issues, and in ADA claims alleging discrimination against disabled employees, as well as claims that physical facilities (doorways, parking spaces, table heights, etc.) do not comply with the ADA’s public accommodation requirements.

Handbooks, Training, Compensation Plans And Agreements: We assist employers in the preparation and maintenance of state-of-the-art employee handbooks and policies, provided in-house training on various HR topics, negotiation and preparation of severance agreements, independent contractor agreements and employment agreements, confidentiality and nonsolicitation agreements, preparation and revision of employment arbitration agreements, and assisted in the preparation and updating of compensation plans.

Employment Audits: We audit employers’ application forms, background check authorization forms, offer letters and other employment documents, recordkeeping practices and training methodologies, and advise on bettering those practices.

Nonsolicitation And Nondisclosure Agreement Enforcement: We represent employers in pursuing former employees for soliciting coworkers, soliciting customers, establishing competing businesses during employment, and in pursuing competitors, where appropriate, for raiding and/or inducing our clients’ former employees to breach their nonsolicitation and nondiclosure agreements.

Reductions In Force:  We provide advice and guidance on planning for and carrying out major reductions in force - from analyzing adverse impact data to preparing WARN notices and other reduction documentation.

Day-To-Day Counseling: We have provide counseling to human resources and business professionals regarding investigations, employee feedback, discipline, leaves-of-absence, return-to-work issues, terminations and other day-to-day matters.