Employment Law

Employment law is a broad and complex area of practice impacting every aspect of the employer and employee relationship.  Unlike other firms, who may have a subsection of their attorneys who practice in this area, every LCW attorney is well versed in this area and provides daily advice and counsel to public agencies, educational institutions and private companies throughout California.

We have worked closely with general counsels, city attorneys and county counsels, and have directly handled the representation for our clients in literally hundreds of legal proceedings before civil service and personnel boards, arbitrators, the Public Employment Relations Board (PERB), State and federal EEO and other administrative agencies and the courts.  These proceedings have covered the full spectrum of employer-employee relations matters, such as civil service and arbitration appeals, recognition and unit representation matters, unfair labor practice charges and related negotiating issues, employment discrimination matters, whistleblower claims, pension and disability issues, Fair Labor Standards Act claims and workplace investigations.

Statutory and Constitutional Practice

Much of our practice is devoted to advising agencies regarding compliance with the innumerable employment related laws and regulations. These include California's Fair Employment and Housing Act, the 1964 Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the California Family Rights Act, the Fair Labor Standards Act, the Meyers-Milias-Brown and Educational Employment Relations Acts, the Brown Act Public Meeting Law, the Public Records Act, the California Occupational Safety and Health Act, and many others. In addition, most of these laws are accompanied by voluminous administrative regulations.

As employers, our clients are also subject to the dictates of the State and Federal Constitutions, including procedural substantive due process, equal protection, first amendment and privacy rights, and the fourth amendment's protection against unreasonable searches, all of which are bases for employment related claims (see Litigation Services).

Administrative Proceedings

Over the years, LCW has established a successful record of representing our clients in a wide spectrum of administrative proceedings, including proceedings before arbitrators and hearing officers, fact finding and arbitration panels, personnel and civil service commissions, retirement boards, the Public Employment Relations Board, State Labor Commissions, Unemployment and CalOSHA commissioners, the Equal Employment Opportunity Commission, and the Fair Employment and Housing Commission.

Disciplinary Proceedings

We have represented literally hundreds of clients in employee disciplinary proceedings. Our attorneys are experts in advising and representing agencies in the most effective  ways of having employee disciplinary actions upheld.

Public Safety Representation

Public safety agencies are particularly vulnerable to employment related claims and liabilities. Our firm has developed a unique ability to most effectively represent the interests of law enforcement and fire protection management in this regard. For example, our attorneys advise and defend against claims under the Public Safety Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill of Rights Act on a continuing basis. A significant portion of our litigation practice involves public safety issues (see Litigation Services).   For a full description of our work in this area, see our Public Safety section.

Pension Issues

We are increasingly involved in advising our clients regarding the laws and regulations of public employee retirement plans and retiree health insurance issues, as well as handling claims under the Public Employment Retirement System (PERS), the County 1937 Retirement Act, and local agency retirement programs.  To learn more about our work in this area, see our Retirement section.

Featured Presentations

LCW Webinar Recording: New Requirements Under CA Leave Law: What CA Employers Need to Know!
April 02, 2015
Think following federal law is sufficient to meet your obligations to employees on leave? Think again! Changes to the California Family Rights Act (CFRA) went into effect July 1, 2015. Join us for a webinar that will highlight the most important new requirements under the CFRA for California employers. Updates to definitions, notice requirements, medical certification requirements, and health benefits provisions are just some of the areas that will be addressed.
LCW Webinar Recording: Common Pitfalls in Using 9/80 Schedules
April 07, 2015
Many public employers utilize 9/80 work schedules for non-exempt employees. However, once the 9/80 work schedule is implemented, there are a number of mistakes unsuspecting employers often make which can inadvertently trigger overtime liability. These pitfalls, which can also apply to a 3/12 work schedule, and how to avoid them will be the subject of this webinar.
LCW Webinar Recording: Preparing for AB 1522 – California's New Paid Sick Leave Law
May 05, 2015
On July 1, 2015, California's new Paid Sick Leave Law (AB 1522) will go into effect. With very few exceptions, this new law will apply to every employee at your agency, including temporary, seasonal, and extra help employees. This webinar will cover the basic requirements of AB 1522 – including the Paid Sick Leave Law's use, accrual, carryover, and notice requirements. In addition, we'll outline the "gray" areas that exist and provide our best understanding of how to apply and implement the law so your agency will be prepared when the law goes into effect.
2016 Legislative Update for Public Agencies
December 10, 2015  |  10:00 AM
The California legislature passed numerous bills, which will go into effect on January 1, 2016, that will impact California employers. This webinar will provide an overview of key legislation, as well as pertinent employment law cases that will impact California's public agencies.
2016 LCW Annual Public Sector Employment Law Conference
February 24, 2016
The registration for the Liebert Cassidy Whitmore's 18th Annual Public Sector Employment Law Conference is now open!





To Contact Liebert Cassidy Whitmore:
Los Angeles 310.981.2000 | Fresno 559.256.7800 | San Francisco 415.512.3000 | San Diego 619.481.5900 info@lcwlegal.com
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