At Rodi Pollock, our labor and employment attorneys are committed to helping businesses meet the challenges posed by the rapidly changing and ever-expanding scheme of federal and state laws, regulations and court decisions governing the workplace.
In representing our clients in labor matters, we look for pragmatic, often less-obvious, solutions designed to solve their problems. We strive to work with our clients in the context of their own unique cultures and businesses, and design individualized approaches that will truly resolve problems in both the short and long terms.
To accomplish this, we work to learn each client's business, with its unique policies and procedures, in an effort to avoid litigation while preserving the client's culture and goals. We believe that if a client consults us early in resolving employee issues, we can be most effective in helping to avoid expensive and time-consuming claims and litigation.
Planning, Counseling, Training And Litigation Avoidance
Even with arbitration provisions that are now regularly required by many employers, litigation can still be costly and time consuming, and often the results do not seem to be worth the expense and effort involved. An employer can often avoid litigation by proper planning, counseling and training beforehand. When a situation is brought to our attention as a potential problem, we can usually prevent it from becoming an actual problem. We give pragmatic advice, based on decades of experience, designed to avoid problems without sacrificing or compromising our client's ideals and culture.
Employee Handbooks, Policies And Procedures
Employee handbooks, policies and procedures are more than necessary evils to comply with an increasingly complex regulatory environment. These are documents that define a company's culture, goals and rules, and should be carefully and thoughtfully drafted in clear and understandable language. We strive to help the client use plain and understandable language in employee communications. Policies adequately explained and communicated in a rational manner will usually result in respect and acceptance by the employees. We try to avoid a litany of "thou shalt nots" in favor of drafting policies and employee handbooks that are positive business tools rather than necessary evils. Our goal is to help each client establish a positive and constructive working relationship with employees that will lead to greater economic success.
Employee Discipline And Termination
Many companies avoid employee discipline and termination decisions until the relationship with the employee has deteriorated to the point that drastic action is required; however, the employer may not have adequately documented in advance the basis for the disciplinary action or termination, particularly for those at a management or professional level. We teach a participatory enjoyable 90-minute training course entitled "How to fire someone and not get sued!" We have presented such seminars for business groups and individual clients. Our methodology has enjoyed great success and has turned many difficult terminations into smooth transitions that benefited both the employer and the employee.
Employee Classification, Overtime And Wage And Hour Issues
One of the most difficult problems creating enormous financial exposure in class actions is the issue of exemptions from overtime requirements, as well as meal and rest period requirements. California state law is often more stringent than federal law in these areas, and out-of-state companies with business operations in California may incur substantial risks just by following the same business practices they applied in other states. We can realistically evaluate who is and who is not exempt from overtime requirements, and provide positive business-oriented solutions to minimize risk without unduly sacrificing effectiveness. We are also able to deal proactively with meal and rest period issues, helping to reduce exposure to such claims.
Unions And Collective Bargaining Units
We have substantial experience in dealing with representation elections, unfair labor practice charges, and administrative hearings and appeals involving unions. We have been highly successful in helping our clients reduce labor costs and amend collective bargaining agreements to be more responsive to market conditions and to avoid plant shutdowns.
Experience Before State And Federal Courts And Agencies
When claims and lawsuits are filed against an employer client, we provide vigorous and aggressive cost-effective representation. We seek advance approval for, and explain, all significant expenditures of the client's money. Unlike many firms, we are ready and willing to go to trial, including jury trials. We do so as economically as we can. We try to avoid situations where a client is forced into substantial legal fees before being advised that its case is not defensible. Furthermore, if we conclude that it is in the client's best interest to settle the case, we will recommend settlement immediately, rather than at a later date when the legal fees have greatly exceeded the value of the claim.
In addition to our work in state and federal courts, we have decades of experience in dealing with all federal and state agencies that regulate employment, including but not limited to California Department of Fair Employment and Housing, Equal Employment Opportunity Commission, California Labor Commissioner, U.S. Department of Labor, National Labor Relations Board and Workers' Compensation Appeals Board. We provide complete representation during investigations, at administrative hearings, at trials de novo and at appeals to the judicial system. We have been very successful in dealing effectively with governmental agencies in minimizing our clients' exposure, and, when necessary, in negotiating effective settlements.
Contact A Labor Law Attorney Serving City Of Industry, West LA And Surrounding Areas
If you are seeking an experienced lawyer for a labor law issue or an employment law issue anywhere in California, our firm is here for you. Contact us today online or call us at 213-550-5099.