Employment Litigation

Employment Litigation

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 Litigation Articles:

Q&A: What the Passage of Prop 22 in California Means for “Gig Economy” Employees

December 17, 2020 12:22pm
App-based transportation and delivery companies spent the months leading up to election day heavily advocating for and supporting Proposition 22, a ballot initiative that would keep app-based drivers – “gig employees” – classified as independent contractors rather than employees, as mandated by the passage of the controversial California Assembly Bill 5 (AB-5). The effort paid off, and the proposition received enough votes in favor to pass into California law.

Ninth Circuit Denies Class Certification Where Common Claim Does Not Predominate

Author: Orlando Arellano | December 17, 2020 8:15am
In a recent ruling by the United States Court of Appeals for the Ninth Circuit, the Court upheld a trial court order denying class certification on the basis that although common issues existed, they did not “predominate.”  It is basically the class action equivalent of having your home run caught just over the wall, but it is also a good lesson for class action litigators that predominance matters, at least when the plaintiff only seeks to certify via 23b(3).

SB 1383: Small Businesses in California Must Prepare for Expanded Employee Leave Benefits Effective January 1, 2021

Author: Kyle R. Maland | December 17, 2020 8:14am
On September 17, 2020, Governor Gavin Newsom signed into law new employer requirements for employee leave rights under the California Family Rights Act (CFRA) and the New Parent Leave Act (NPLA). The new law significantly increases the number of California employers subject to the CFRA and NPLA, placing new burdens on small businesses already fighting to keep their doors open.  The change requires California employers with as few as five employees to provide family and medical leave rights to their employees.

Colorado’s Equal Pay for Equal Work Act: Prohibitions, Requirements, Penalties, and Allowable Actions

Author: Blaire Bayliss | December 17, 2020 8:12am
Colorado employers, public and private, should prepare to comply with the Equal Pay for Equal Work Act (EPEWA), which will become law on January 1, 2021. The law, formerly Senate Bill SB19-085, contains significant regulations regarding salary requirements, job postings, allowable interview questions, and other aspects of employment. Due to the wide-ranging requirements and impacts of the EPEWA, even employers with equitable workplace practices should consider the requirements of the new law to ensure compliance.

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