Employment and Labor

Employment and Labor

Tyson & Mendes represents management in employment disputes in state and federal court, and before federal and state administrative agencies such as the Equal Employment Opportunity Commission, the Department of Fair Employment & Housing, and the National Labor Relations Board.  By initially providing early and accurate assessments of the risks and costs involved in litigating cases, we are able to consistently formulate winning strategies, whether through settlement, motion practice, mediation, or trial.

Our attorneys believe effective representation at trial is often the product of an effective pre-trial practice.  In some cases, strategically planned and well-crafted motions resolve the case before a trial begins.  In others, motions pare down the issues for trial and allow for the strategic removal (or inclusion) of portions of the case which may assist a jury in rendering a verdict in the client’s favor.

Because litigation can often exact an emotional toll on an employer’s work force as well as present large monetary costs, we often recommend management employ one or more alternative dispute resolution procedures.  While these range from stipulated binding arbitrations to private mediations, they are all designed to bring the client the best possible result within an appropriate time frame.  Management’s goals may be best served by an early resolution, but in other cases litigation may prove necessary.  Bearing in mind the client’s goals, Tyson & Mendes strives to tailor our representation to guide management through the litigation process while allowing the client to continue business operations.

Well-considered pre-litigation advice is essential for assisting management in making employment decisions designed to avoid litigation or to minimize the impact of unfortunate planning.  When accusations of harassment, substance abuse, or similar problems arise, Tyson & Mendes assists management in conducting appropriate, legal, and thorough internal investigations.  At the conclusion of such investigations, management can be confident it is making informed employment decisions after weighing the risks and benefits of its options.  In addition to drafting general policies and forms, we routinely assist management in the separation of employees from the company with effective documentation and severance agreements.

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Tyson & Mendes Saved the Insurance Industry More Than $679 Million in 2023: Nationwide Insurance and Civil Litigation Defense Firm Saves Clients Nearly $3 Billion in Four Years

January 5, 2024 2:32pm

SAN DIEGO (January 5, 2024) – Tyson & Mendes LLP, one of the nation’s fastest-growing insurance and civil litigation defense firms, saved its insurance industry and self-insured clients $679.9 million in aggregate damages claims in 2023, bringing the firm’s savings results...

Orange County Court Grants Motion for Summary Judgment in Favor of Defense in Wrongful Death Case: Tyson & Mendes Wins Motion for Summary Judgement in Case Resulting from Accident at John Wayne Airport

February 14, 2023 12:15pm

Marking a major victory for nationwide insurance and civil litigation defense firm Tyson & Mendes LLP, the Orange County Superior Court granted a motion for summary judgment in favor of John Bean Technologies on March 14, 2022...

Tyson & Mendes Saved the Insurance Industry Over $1 Billion in 2022: Nationwide Insurance and Civil Litigation Defense Firm Tops $2.27 Billion in Savings for Clients in the Past Three Years

January 18, 2023 11:56am

SAN DIEGO (January 18, 2023) – Tyson & Mendes LLP, one of the nation’s fastest-growing insurance and civil litigation defense firms, saved its insurance industry and self-insured clients an astonishing $1.07 billion in aggregate damages claims in 2022...

Breaking the Chains or Handing them the Keys? The Federal Trade Commission’s New Final Rule Regarding Non-Compete Agreements and Their Impact on Employers and Employees

Author: Alexandra Noyes | July 19, 2024 12:24pm

Following the adoption of the FTC’s new “final rule” concerning non-compete agreements, questions have been swirling through the media and the public at large. The final rule was issued “to promote competition by banning noncompetes nationwide, protecting the fundamental...

Make It Work: California Employment Law Update

Author: Deborah S. Reisdorph | January 22, 2024 10:03am

California initiates and amends employment laws each January. As an employer, you are required to always maintain compliant company policies. This article will help you start 2024 off right in three key categories: sick pay, drug screening, and noncompete contract notice...

$1.75 M Settlement Ends EEOC Claim

Author: Maria Regina Kupillas | December 19, 2023 4:57pm

After three years, the EEOC and HonorHealth have settled claims of ADA violations. A federal judge has approved the $1.75 million settlement of a case brought in 2020 by the Equal Opportunity Commission (“EEOC”), which accused Scottsdale Healthcare Network, which was doing...

The “Last Word” On PAGA Standing: California Supreme Court Reverses the U.S. Supreme Court in Adolph v. Uber Technologies

Author: Matthew Riley | September 11, 2023 1:19pm

For nearly a decade, uncertainty and disagreement have reigned over statutory interpretations of California’s Private Attorneys General Act’s standing requirement. Who exactly was this “aggrieved employee” archetype the California legislators created and deputized to use the state’s...

“X” Marks the Spots Where Twitter Does Not Want to Pay for Arbitration

Author: Yaron Dunkel | August 7, 2023 11:40am

Twitter, Inc. terminated almost 80% of its labor force beginning in late 2022, after which it merged with X Corp., which became the successor in interest. Twitter has since rebranded itself as “X,” much to the surprise and confusion of users and public alike...

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• Employment
• General Contractor
• Subcontractor
• Workers Compensation

17th Annual Employment Practices Liability Insurance ExecuSummit

August 17, 2023 4:25pm

New Standard for Religious Accommodations as Articulated by SCOTUS in Groff v. DeJoy

ExecuSummit

March 29, 2023 3:39pm

Pay Equity Studies Reduce Employer and Insurance Risk with Lynn Allen

Trending Topics & Annual Update – Webinar Series –
Topic 2: Employment Law Strategies in a Changing World

February 17, 2023 10:13am

New laws are coming to fruition on everything from cannabis use to lunch breaks. Insurance professionals and their counsel need to be ready! No area of law is safe from Nuclear Verdicts®. Join experts from Tyson & Mendes’ Employment and Labor practice to learn what the latest updates to the law are and how claims professionals and their defense counsel can break the pattern that leads to Nuclear Verdicts® in employment law cases.