MORE WINS LESS PRACTICE

Transcription

1 MORE WINS LESS PRACTICE

2 Table of Contents Welcome... Firm Philosophy... Diversity and Certifications... Cost-Effective Results... Practice... Employment Litigation and Appellate Practice... HR Advice and Compliance... Training... Investigations and Internal Complaints... Labor Management Relations and Arbitrations... Administrative Hearings... Representative Client List... Testimonial... Attorneys

3 Welcome Our Law Firm In June 1991, we launched as a labor and employment litigation boutique, providing top-quality legal services to our clients and a small firm, lifestyle friendly work environment for talented lawyers and support staff. After more than two decades, we remain dedicated to solving our clients legal challenges and producing cost-effective results. Indeed, More Wins, Less Practice. Our Work We assist private and public employers with employment and labor litigation, advice and counsel, arbitrations, training, human resource and wage and hour compliance, internal investigations, and representation before administrative agencies. Through collaboration and communication with our clients, the firm is committed to decreasing employers litigation risks and increasing effectiveness at handling employment disputes and counseling issues. With offices in Oakland, California, and Columbia, South Carolina, Foster Employment Law, Inc. is certified as a minority-owned business by the National Minority Supplier Diversity Council and the California Public Utilities Commission, and is a member of the Worklaw network. Our lawyers are licensed to practice in California, Georgia, Hawaii, South Carolina, Texas, and Washington. Our Attorneys The firm is comprised of senior trial attorneys who bring decades of large corporate experience to representing employers and addressing their legal challenges. Our experience produces comprehensive legal support, while our size allows us to focus on providing superior client service with cost-effective pricing. We look forward to partnering with you to achieve your legal goals. Warmest regards, Michael Foster CEO/Managing Attorney Foster Employment Law 1

4 Firm Philosophy Foster Employment Law zealously represents its clients in every aspect of employment litigation. Most of our litigation practice involves disputes between employee/employer. Our litigation approach is simple and direct: cost-effective, high quality representation. Our practice, however, is always guided by a practical desire to control the ever-increasing cost of litigation. Communication We understand the need for communication with clients throughout all phases of litigation. In addition to regular client communications, we also offer clients a customized monthly litigation report tool that provides information regarding case status, budgets, and recent developments. Collaboration We work closely with our clients by setting realistic litigation goals, strategies and budgets, and by promptly advising clients of new developments that impact their matters. We do not engage in needless discovery disputes or file unnecessary motions that serve only to increase the cost of litigation. Resolution While our firm endeavors to resolve labor and employment disputes informally where possible, we have the experience and expertise to litigate employment disputes through trial when early resolution is not viable. The firm offers a blended rate to all clients and is open to alternative fee arrangements. 2

5 Diversity and Certifications Diversity is a key building block to our firm s success. Our team reflects a diverse set of talents, experiences, backgrounds, and viewpoints. The firm is committed to advancing diversity in the legal profession and embracing the value that it brings to the practice of law. Foster Employment Law is a certified minority-owned business by the National Minority Supplier Diversity Council (NMSDC) and the California Public Utilities Commission (CPUC). The firm is also certified as a Small and Microbusiness Enterprise by the State of California and as a Small, Local and Emerging Business by the County of Alameda. Affiliations Alameda County Bar Association American Bar Association Bar Association of San Francisco California Association of Black Lawyers California Chamber of Commerce California Minority Counsel Program Charles Houston Bar Association Lawyers Committee for Civil Rights National Bar Association 3

6 Cost-Effective Results Our goal is to always achieve positive outcomes while minimizing costs. The firm does not have partners and junior associates. We staff our cases conservatively with experienced lawyers rather than multi-tiered hierarchies; yet, we still offer rates significantly below those charged by large firms. With limited exceptions, we assign no more than two attorneys to work on any particular piece of litigation to reduce total hours billed and to avoid unnecessary costs. Blended Rates We offer all clients, regardless of the type of representation, a blended rate for services. A blended rate represents an agreed upon hourly rate that applies to all lawyers working on the matter. Alternative Fee Arrangements We work with clients to offer alternative fee arrangements in lieu of conventional hourly billing. These arrangements, including fixed/flat fees or phased fees, are based on the scope, complexity, and duration of the work required, and are entered into once we have worked with a client to identify their strategic goals. 4

7 Practice Foster Employment Law assists public agencies and businesses of all sizes with a broad array of services: Employment Litigation and Appellate Practice HR Advice and Compliance Training Investigations and Internal Complaints Labor Management Relations and Arbitrations Administrative Hearings 6 5

8 Employment Litigation and Appellate Practice We have extensive experience in single plaintiff, multi-plaintiff, and class action litigation on behalf of employers. Our attorneys have successfully handled numerous jury and bench trials, and briefed and argued more than 100 summary judgment motions. Our practice includes litigation in the U.S. Court of Appeals for the Ninth Circuit, U.S. District Courts in various states, including California, South Carolina, Georgia, and Mississippi, the California Court of Appeal, and trial courts in counties throughout California. The firm s recent representations include: Federal District Court (District specified) Defense jury verdict in age discrimination, retaliation, and constructive discharge lawsuit brought by former deputy sheriff (2016) (E.D. Cal.) Summary judgment in age and associational disability discrimination, and failure to prevent discrimination lawsuit (2016) (C.D. Cal.) Defense jury verdict in hostile work environment and retaliation lawsuit brought by current city employee (2015) (N.D. Cal.) Summary judgment in sex discrimination, retaliation and harassment action (2014) (N.D. Cal.) California Superior Court (County specified) Defense jury verdict in harassment and race discrimination lawsuit (2017) (Los Angeles) Summary judgment in associational disability discrimination and retaliation claims under ADA and FEHA and breach of contract (2017) (El Dorado) Summary judgment in disability and gender discrimination claim (2016) (Alameda) Summary judgment in whistleblower, retaliation, and wrongful termination claim (2016) (Sacramento) Summary judgment in race and gender discrimination claim (2015) (Alameda) Successful demurrer without leave to amend to all causes of action including defamation, breach of contract, and emotional distress (2015) (Contra Costa) Federal Appellate Litigation Successful defense of summary judgment in perceived Section 1983 violation of due process, speech, religious discrimination, FEHA, religion and retaliation claims (USCA, 9th Cir. 2017) Successful defense of summary judgment motion in perceived religion, race and retaliation claim (USCA, 9th Cir. 2014) Successful defense of summary judgment in race discrimination claim and wrongful termination in violation of public policy (USCA, 9th Cir. 2014) California Appellate Litigation Successful defense of summary judgment motion in perceived religion, race and retaliation claim (Cal. Ct. App. 1st Dist ) Successful defense of summary judgment motion in race, age and gender claim (Cal. Ct. App. 1st Dist. 2013) Successful defense of summary judgment of discrimination and harassment claims brought by current employee (Cal. Ct. App. 1st Dist. 2013) Significant Published Decisions Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614 Romero v. American President Lines, Ltd. (1995) 38 Cal.App.4th

9 HR Advice and Compliance New case law and evolving regulations make it difficult for companies to stay compliant with state and federal law. As in-house counsel and human resource professionals try to keep pace, a company can be left unnecessarily exposed to potential lawsuits. Our attorneys have broad experience in helping draft and implement a variety of complex employment-related policies and ensuring compliance with federal and state laws in order to minimize litigation risk. Answers To ensure compliance, our attorneys help employers ask the rights questions. Is our company protected from retaliation claims by employees who are disciplined or terminated while using the FMLA? Have we accounted for the significant difference between California law and federal law in the accommodations to be provided for disabled employees? Are we at risk regarding handling information sent in s or stored in our data base? Have we properly classified employees as exempt/non-exempt for purposes of state and federal wage laws; and do we properly implement breaks and meal periods? Are we in compliance with the requirements of the Patient Protection and Affordable Care Act? Advice and Counsel In addition, Foster Employment Law provides outside employment counsel services, and has served in that capacity for a major apparel manufacturer as well as a national advertising agency. Common issues on which we provide advice include: Patient Protection and Affordable Care Act Layoffs and force reductions Executive agreements Severance agreements Accommodating disabled employees Trade secret/confidentiality agreements Hiring, terminations, discipline Employee handbooks and policies Exempt/non-exempt status FMLA, CFRA, ADA, PDL and FEHA issues Independent contractors Preventing discrimination and harassment Training Wage and hour audits Workplace privacy and confidentiality 7

10 Training Foster Employment Law believes that comprehensive training is an effective and efficient way to ensure compliance with state and federal labor and employment laws and to avoid the risk of litigation. We provide training for attorneys, human resource professionals, management and staff on employee management and diversity issues, and on discrimination and sexual harassment prevention. Trainings Conducted (partial list) Managing Employees: What You Need to Know Managing Employees: Wages, Work Rules and Disabilities Employment Legislation Update Claims Before the NLRB Retaliation Claims: The Growth Segment in Employment Law? Avoiding Harassment in the Workplace Overview of Hiring and Firing Issues for Small Employers Overview of Employment Issues for Small Employers (English and Spanish) How to Conduct A Public Sector Investigation Avoiding Sexual Harassment for Hotel Managers Avoiding Sexual Harassment for Law Firm Associates Avoiding Sexual Harassment for Law Firm Partners/ Managers Representing Clients with Retail Discrimination Claims Sexual Harassment Prevention Training Overview of Employment Issues for Nonprofit Employers 8

11 Investigations and Internal Complaints When an employee files an internal discrimination, retaliation, or harassment complaint, an employer s best option to mitigate risk is to retain a neutral, third party to conduct the investigation. An independent investigator can greatly reduce potential liability by ensuring impartial investigations and guaranteeing that the employer receives advice regarding corrective or preventive actions. Foster Employment Law has handled a wide range of sensitive investigations for public and private employers. Our extensive experience in these matters enables us to quickly respond when an outside investigation is required. We provide employers with thorough, unbiased investigative services, designed to objectively discover the underlying facts, and identify potential training and development needs. Investigative results are delivered in a comprehensive and confidential written report. Investigations Conducted (partial list) Investigated code of conduct and ethics violations claims against shipping/logistic managers Investigated race discrimination, hostile work environment, sexual harassment, and retaliation claims against public employer Investigated sexual harassment claims against airport worker Investigated gender discrimination claims against hospital Investigations Training Should employers conduct their own investigations, our attorneys train human resource and management personnel on the appropriate investigation techniques, including: Conducting timely investigations Balancing confidentiality issues Ensuring proper documentation Identifying witnesses Maintaining neutrality Interview techniques Reaching and reporting conclusions 9

12 Labor Management Relations and Arbitrations Organized labor has responded to its drop in membership and influence with several strategic initiatives. These initiatives, against a backdrop of increasing workplace regulation and global competition, require legal guidance from a firm with a long, successful track record in labor management relations. Our attorneys routinely advise employers working with unionized work forces: Elections: Our attorneys have developed and implemented successful election campaigns against the Teamsters Union, Hospital and Health Care Workers Union, Service Employees International Union, United Domestic Workers, and Printers Union on behalf of companies ranging from 20 to 10,000 employees. Work Stoppages: Our attorneys counsel clients through labor disputes, such as strikes and picketing, and through reductions in force. The firm also represents clients before the National Labor Relations Board, defending and prosecuting unfair labor practice charges. Negotiations: Our attorneys have served as lead negotiator for employers in numerous collective bargaining agreement negotiations, which have involved the Automotive Machinists Union, Amalgamated Transit Union, Industrial Painters Union, International Brotherhood of Electrical Workers Union, Service Employees International Union Local 250, United Domestic Workers, and Service Employees International Union Local 535. Arbitrations: Each of our attorneys has arbitrated numerous individual employee terminations, benefits issues and other disputes arising under collective bargaining agreements. The firm s arbitration victories include: Arbitrator upheld finding and discipline imposed by in a police use of force case involving an officer s Taser deployment on a fireworks violator Arbitrator upheld finding and discipline imposed by the in a police use of force case involving an officer s use of force during an Occupy protest Successful arbitration of discharge by public utility for record falsification and intent to deceive 10

13 Administrative Hearings In addition to practicing in both state and federal courts throughout California, the firm s attorneys also represent clients in administrative proceedings before state and federal agencies. These agencies include the U.S. Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB), Public Employment Relations Board (PERB), U.S. Department of Labor (DOL), California Labor Commissioner, California Department of Fair Employment and Housing (DFEH), California Unemployment Insurance Appeals Board (UIAB), California Workers' Compensation Appeals Board (WCAB), and the National Association of Securities Dealers (NASD) arbitration proceedings. Selected representations: Successful hearing before DLSE in wages claim Successful hearing before DLSE in meal and rest break action Obtained dismissal of DLSE overtime claim Successful hearing before California Unemployment Insurance Commission Appeals Board in petition for reassessment of tax liability resulting in reduction of tax assessment by greater than 95% Successful hearing before DLSE in workplace violence action ALJ trial judgment in Sarbanes-Oxley whistleblower claim 11

14 Representative Client List Our clients comprise a broad spectrum of government, public, private and non-profit organizations. A sampling of our current client list includes: Alameda-Contra Costa Transit District American Eagle Outfitters, Inc. American President Lines Ltd. City of Oakland City of Berkeley City of Richmond County of Alameda County of El Dorado County of Sonoma Discovery Communications East Bay Municipal Utility District Intel Corp. Kaiser Foundation Health Plan, Inc. Les Schwab Tire Centers, Inc. Levi Strauss & Co. Lockheed Martin Corp. Sodexo, Inc. 12

15 Testimonial American President Lines Ltd. The team at Foster Employment Law takes a proactive approach to employment, labor and human resource challenges, and that allows us to focus on our business. Timothy J. Windle Vice President-General Counsel, American President Lines Ltd. 13

16 Attorneys The majority of our attorneys possess 20 years or more of labor and employment litigation experience and enjoy the opportunity to lead litigation. Our attorneys are licensed to practice in California, Georgia, Hawaii, South Carolina, Texas, and Washington. Michael W. Foster Managing Attorney Michael E. Wilbur Attorney C. Christine Maloney Attorney Madelyn G. Jordan Davis Attorney 14

17 Attorneys No Jesper I. Rasumussen Attorney Tammy A. Brown Attorney Andrea Bednarova Attorney Kristin Smith Attorney Kate Pitzak Attorney 15

18 California Office 3000 Lakeshore Ave. Oakland, CA Phone: (510) Fax: (510) South Carolina Office 1508 Lady St. Columbia, SC Phone: (803) Fax: (803)