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Public Education: Employment Law
We have extensive experience in all types of employment matters. We handle employment harassment, discrimination or retaliation claims. We review and draft bylaws, faculty and staff handbooks, personnel procedures and policies, enrollment agreements and related documents. We handle layoffs as well as employee discipline, including terminations and appeals, for certificated/academic and classified employees. We advise regularly on employee fringe benefits and retirement issues (e.g., FMLA, STRS, PERS, COBRA). We are also experienced in handling wage and hour issues (e.g. FLSA) and employment issues specific to specially funded employees or campus safety departments.
We assist with all phases of classified and academic discipline, including planning and executing a progressive discipline strategy, drafting disciplinary notices, guiding the Skelly officer and representation at disciplinary hearings.
We advise, counsel, represent and train in all aspects of privacy including both the privacy rights or employee and students and balancing that right with the employer’s right to know.
We regularly represent schools and colleges on the full range of issues that arise with regard to employee leaves and accommodations including: calculating and applying the complex web of leaves available to employees; assisting with implementing and documenting the interactive process; and defending against claims of disability discrimination. We advise on all areas of leave including, Family and Medical Care Leave Acts; California Family Rights Act; Pregnancy Disability Leave ; Military Leaves of Absence (USERRA and California Military & Veterans Code); Workers’ Compensation; and other California Statutory Leaves of Absence (Jury Duty, Witness Leave, Domestic Violence Leave, Victims of Crime Leave, and School Activities Leave).
From hiring, performance management, retention, and non re-employment, we assist college and universities in the unique employment matters posed by temporary faculty members. We have advised on and litigated issues related to the 67% rule, including load issues ancillary duties issues, and negotiating re-hire preference language.
We assist with all phases of both classified and academic layoffs—from reviewing seniority lists to preparing board resolutions and notices, to analyzing bumping and reemployment rights, to representation at hearings.
Members of the Firm regularly provide counsel, advice, and representation on the Public Safety Officers Procedural Bill of Rights Act (POBR) and issues unique to law enforcement. We accommodate the emergency nature of law enforcement related employee relations by being readily accessible to assist in addressing issues of administrative leave, administrative/criminal investigations, disciplinary issues, and strategic planning.
- SAN FRANCISCO
- LOS ANGELES
- SAN DIEGO