Employment & Labor

Employment & 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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Employment & Labor Articles:

California Supreme Court Holds Dynamex ABC Test Applies Retroactively         

Author: David Kahn | March 11, 2022 4:58pm
The California Supreme Court issued an opinion regarding the highly contested “Dynamex ABC” test.  The court held in Vasquez v. Jan-Pro Franchising International, Inc.  the test in Dynamex applies retroactively when determining whether a worker should be classified as an employee or independent contractor for the purpose of wage and hour laws applies retroactively.

Yet Another Blow to California Employers in Supreme Court Ruling

Author: Kathryn Lee Colgan | March 11, 2022 4:54pm
As if employers already didn’t have enough of an upward battle in California pushing back on employment retaliation claims, a recent California Supreme Court decision just upped the ante.  In Lawson v. PPG Architectural Finishes, Inc., the Court eliminated the McDonnell Douglas burden-shifting test. 
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