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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:

Sixth Circuit Remands EEOC Suit Regarding Tennessee Employee’s Anxiety Disability

Author: Kiley McCarthy Connolly | April 2, 2021 9:00am
In 2018, the U.S. Equal Employment Opportunity Commission (“EEOC”) charged Tennessee-based nursing facility West Meade Place LLP (“WMP”) with violating federal law. The EEOC claimed WMP violated federal law by refusing to provide a reasonable accommodation to an employee who suffered from an anxiety disorder, and then firing the employee because of their disability. The Sixth Circuit recently ruled WMP must answer the EEOC’s lawsuit, stating a lower court’s ruling a motion for summary judgment was flawed on their interpretation of whether a juror could reasonably find the employee was protected under the Americans with Disabilities Act (“ADA”).

What Employers Need to Know About the Upcoming California Pay Report Deadline

Author: Kyle R. Maland | March 22, 2021 4:05pm
On September 30, 2020, California Gov. Gavin Newsom signed into law a pay data reporting requirement for employers that assigns responsibility for collecting specific data to the California Department of Fair Employment and Housing (DFEH.)  The deadline to comply with the newly enacted Senate Bill 973, now codified within California Government Code § 12999 is fast approaching. Employers are obligated to comply and must report the requested pay data by the deadline.

Recent Ninth Circuit Court Ruling Effectively Halves California PAGA Penalties

Author: Orlando Arellano | March 8, 2021 8:00am
As anyone who litigates employment law in California knows, the Private Attorneys General Act of 2004, (“PAGA”) can at least superficially create business-closing penalties against the employer.  Last week, in Bernstein v. Virgin America, Inc., the United States Court of Appeals for the Ninth Circuit provided some measure of relief to those companies (and individuals) either facing, or soon to be facing, potential PAGA penalties to be assessed against them.

California Supreme Court Instructs Employers Not to Round Employees’ Time Punches for Meal Breaks

Author: Sean McGah | March 8, 2021 8:00am
On February 25, 2021, the California Supreme Court held employers cannot engage in the practice of rounding time punches —adjusting the hours an employee has actually worked to the nearest preset time increment — in the meal period context.  The California Supreme Court held the meal period provisions of California wage order and statute are designed to prevent even minor infringements on meal period requirements, and rounding is incompatible...

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