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Statutory and Constitutional
Practice
Much of our practice is devoted to advising agencies regarding
compliance with the innumerable employment related laws and
statutes. These include the State'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 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 public employers, agencies are also
subject to the dictates of the State and Federal Constitutions,
including procedural 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 agencies 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, Unemployment and CalOSHA commissioners, the
Equal Employment Opportunity Commission, and the Fair Employment
and Housing Commission.
Disciplinary Proceedings
We have represented literally hundreds of agencies in employee
disciplinary proceedings. Thus, our attorneys are expert in
advising and representing agencies in the most effective handling
of employee disciplinary actions.
Law Enforcement Representation
Law enforcement 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 management in this regard. For example, our attorneys
advise and defend against claims under the Public Safety
Officers Procedural Bill of Rights Act on a continuing basis.
A significant portion of our litigation practice involves law
enforcement issues (see Litigation
Services).
Pension Issues
We are increasingly involved in advising our clients and
handling claims under the Public Employment Retirement System
(PERS) and the County 1937 Retirement Act.
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