EMPLOYMENT

Business Services

Construction

Health Care

Litigation

Public Law

Real Estate

Employment

McDonough Holland & Allen PC offers the full spectrum of labor and employment law services to both public and private employers throughout California. Our philosophy emphasizes working with clients to prevent claims, which has proven to be infinitely more efficient and cost-effective than litigation. This prevention strategy involves implementing employment policies tailored to our clients’ workplaces, training supervisors and managers at all levels, and providing day-to-day advice on how best to manage risk and minimize exposure.

When litigation cannot be avoided, we have extensive experience in defending employment-related lawsuits of all kinds, including wrongful termination, harassment, discrimination, wage and hour, breach of contract, violation of privacy, and defamation claims. We handle employment litigation in state and federal courts and in private arbitration or mediation proceedings.

We also represent employers in administrative proceedings before local civil service boards and commissions as well as the Department of Fair Employment and Housing (DFEH), the Division of Labor Standards Enforcement (DLSE), the Employment Development Department (EDD), the Workers’ Compensation Appeals Board (WCAB), the Equal Employment Opportunity Commission (EEOC), the Public Employee Relations Board (PERB), and the National Labor Relations Board (NLRB).

We provide advice and litigation counsel to employers on all matters of labor and employment law, including:

• Employee handbooks and other personnel policies
• Employment contracts, especially for executives and managers
• Compliance with state and federal laws governing employment, including:
  • the Fair Employment and Housing Act (FEHA)
  • the California Family Rights Act (CFRA)
  • the Pregnancy Disability Leave Act (PDL)
  • the Fair Labor Standards Act (FLSA)
  • the Family Medical Leave Act (FMLA)
  • the Civil Rights Act of 1991 (Title VII)
  • the Americans with Disabilities Act (ADA)
  • the Age Discrimination in Employment Act (ADEA)
• Disciplinary action against private employees and public civil service employees
• Hiring and firing employees and managing high-risk terminations
• Severance and release agreements
• Arbitration agreements
• Proper classification of employees for overtime and tax purposes
• Prevention of sex, race, and other unlawful harassment and discrimination claims through training and day-to-day advice
• Investigation of workplace harassment and discrimination claims
• Privacy issues in the workplace, such as monitoring computer and internet use, drug testing, conducting workplace searches, background checks, and managing office romance
• Prevention of workplace violence
• Medical and personal leaves of absence, workers' compensation, and disabilities in the workplace, including whether and how to reasonably accommodate employees
• Non-solicitation and confidentiality agreements to protect proprietary information, trade secrets, and inventions
• Labor and employment implications of mergers and asset acquisitions
• Public and private sector labor relations, including advice during negotiations, interpretation of collective bargaining agreements and memoranda of understanding, PERB and NLRB proceedings, grievance processing, and union organizing campaigns
• Prevailing wage requirements for publicly-funded construction projects, including advice about labor compliance programs