Attorneys in Haight Brown & Bonesteel’s Employment & Labor Practice Group have extensive experience defending employers in state and federal trial courts, appellate courts and before government agencies such as the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission. Our employment attorneys have handled numerous discrimination claims involving race, sex, sexual harassment, religion, national origin, age, handicap and disability arising under federal and state anti-discrimination laws as well as wrongful termination claims, two of the most frequently filed charges faced by employers in today's workplace.
Compliance
In the fluctuating environment of federal, state, and local employment laws, Haight attorneys help human resource professionals and in-house legal counsel meet the many challenges of compliance with applicable laws and regulations, preventative employment practices, and internal policy determinations. As active participants in the development of current law, pending legislation, and evolving legal precedent, our attorneys offer real-world interpretation and analysis of complex labor and employment issues.
Discrimination, Harassment & Retaliation
Our attorneys have experience advising employers on how to respond to allegations of unlawful discrimination and sexual harassment. We conduct investigations into whether the alleged discrimination or harassment occurred and then advise accordingly. Our attorneys also provide in-house training to supervisors and their employees on a variety of issues, including the state-mandated sexual harassment avoidance.
Employee Benefits
Our attorneys handle employment issues every day and are well versed in handling employee benefits and litigation. We also counsel employers to ensure that termination of benefits is handled appropriately, to ward off discrimination or other fair employment-related claims.
Employment Litigation
We recognize that litigation can be the least effective and most expensive method of dispute resolution. However, it is sometimes unavoidable. Whether through direct representation or liability insurance (EPLI or D&O policies), our employment attorneys work with companies to streamline the litigation process internally and to manage litigation in a cost-efficient manner.
When litigation is necessary, you will find that our attorneys are experienced and effective in defending employers in the state and federal trial courts and before arbitrators, mediators and administrative agencies such as the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission. Our employment attorneys have handled numerous discrimination claims (involving race, sex, sexual harassment, religion, national origin, age, pregnancy, handicap, and disability arising under federal and state anti-discrimination law) as well as wrongful termination claims -- two of the most frequently filed charges faced by employers in today’s workplace.
In-House Training
Through in-house training, educational seminars, and on-going advisories, our attorneys help our clients focus on cost-efficient measures that foster productive and responsible workplaces, the avoidance of litigation, and the best defensive posture in the event of litigation. Haight focuses on every aspect of existing and developing employment law.
Examples of recent client seminars include:
- wage & hour laws
- leave laws/protected time off
- race, religion, gender, and other discrimination
- sexual harassment
- hiring practices
- retaliation
- workplace privacy
- disability laws
Policies & Agreements
In partnership with ourclients, we work to develop and execute cost-efficient policies, agreements, programs, and strategies tailored to your specific organization. We don’t just help our clients comply with the law, we find the best ways that the law can comply with your workplace needs.
Wage & Hour
Our attorneys have experience advising employers on overtime and minimum wage compliance issues. Some of the wage and hour issues in which we have counseled and defended employers include:
- exempt vs. non-exempt status
- employee vs. contract employees
Representative Experience:
Defense verdict in wrongful termination/retaliation case in Oregon
Plaintiff, Frank Smith, an orbital welder, was discharged for poor performance. Plaintiff claimed he was wrongfully discharged from his employment and discriminated against for making complaints about on-site safety violations. After our client’s, Kinetic Systems, motion for summary judgment was granted, plaintiff was left with only 1 cause of action. After a 2 day bench trial, verdict for the defense.
Defense verdict in wage and hour case in Idaho
Plaintiff, Ronald Wood, was a Regional Labor Manager who was terminated based upon a safety violation at a job site. During his employment at Kinetic Systems, he was an exempt employee who was not paid overtime. Each week, he submitted timecards with no overtime recorded on them, upon which he was paid. At the time of his termination, he was paid all accrued wages, including two years worth of accrued vacation.
Ten months after his termination, Plaintiff submitted revised timecards, which were created substantially after most of the projects upon which he claimed overtime had been completed. When Mr. Wood did not receive compensation for this purported overtime, he filed suit alleging state law overtime and vacation claims, federal law overtime claims and recordkeeping violations, breach of contract damages, and defamation related to his termination.
After removal to District Court, the case was tried to a jury in Boise, Idaho. The jury found that plaintiff was not entitled to any overtime, as he was a “highly paid executive” under the Fair Labor Standards Act (FLSA). As there is no entitlement under FLSA to vacation time pay and his state law claims were dismissed, the jury’s verdict was a complete win for our client, Kinetic Systems, Inc.
Reversal of $6.2 Million Discrimination Verdict
The Court of Appeal of the Second Appellate District reversed and remanded a $6.2 million judgment against the City of Los Angeles in a discrimination lawsuit filed by African-American lesbian firefighter, Brenda Lee. The reversal of the judgment also wiped out the $600,000 attorney fee award to plaintiff's counsel. The Court of Appeal agreed with the City that plaintiff's failure to exhaust her administrative remedies regarding her termination is a jurisdictional bar to a civil suit on that claim.
Defense verdict in a sexual harassment case where principal admitted relationship with subordinate
Defended a Labor Commissioner claim against a housekeeping company for failing to provide rest and meal breaks to its employees
Represented a national software development company in defeating an employee's claims for post-termination commissions through the Court of Appeals that resulted in a published Court of Appeals decision (Ali v. American Software)
Misappropriation of trade secrets. Represented an employer against his former President in a misappropriation of trade secrets case that resulted in a preliminary injunction
Represented and defended employers in union grievances and contract negotiations with unions in various trades and industries
Racial discrimination and retaliation. Defended an employer in U.S. District Court case alleging racial discrimination and retaliation
Represented a trust against a general partner of a real estate limited partnership in a case for breach of fiduciary duty
Breach of Contract. Represented a national company in forcing the transfer of a breach of contract case based upon a forum selection clause back to the forum state
Defense verdict in wrongful termination case for major Aerospace firm
Appellate victory in a matter representing an employer on appeal from over a million dollar judgment after a jury trial