• Litigation
• Public Sector
• Counseling
• Investigations
• Traditional Labor
• Other Labor and Employment Law Services

Labor and Employment Law Litigation Services
CDHK provides comprehensive litigation services for all labor and employment matters in federal and state courts and before administrative agencies. We have extensive experience in dealing with the Equal Employment Opportunity Commission, the U.S. Department of Labor, the U.S. Department of Education's Office of Civil Rights, the California Department of Fair Employment and Housing, the Occupational Safety and Health Administration and all state agencies devoted to addressing labor and employment law matters.

Our attorneys make important decisions on litigation strategy before our clients incur significant legal fees and expenses, and they work closely with clients by conducting an early case assessment and preparing a litigation budget. Clients are always informed of and approve all case activity. Our clients decide when specific legal strategies or settlement offers are consistent with their business and policy objectives and, when settlement is in the client's interest, it is pursued as early as possible. When a case calls for a vigorous defense, our attorneys take an aggressive and thorough approach.

Upon completion of litigation matters, we recommend specific measures to help our clients avoid or minimize exposure to future litigation of similar issues.
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PUBLIC SECTOR

The Public Sector Group at CDHK is dedicated to giving responsive, strategic, and resourceful representation and advice to cities, counties, special districts, schools, community colleges, colleges and universities on labor relations, employment and personnel matters. Representing a wide variety of public sector entities every day, members of our Public Sector Group handle such matters as:

• Litigation - representation on the full range of litigation matters affecting public employers, including discrimination cases, sexual harassment litigation, writs and appeals.
• Disciplinary Matters - advice to and representation of local agencies in connection with disciplinary matters (arbitration, civil service proceedings, hearing officer adjudications) involving rank-and-file, supervisory and management employees, with a special focus on complex matters and discipline of public safety officers.
• Internal Investigations - advice, expert assistance and, as appropriate, service as neutral investigators in the conduct of internal inquiries into alleged misconduct.
• Collective Bargaining - strategic advice, training, and service as chief negotiator in table negotiations, in both interest-based bargaining and traditional negotiations systems.
• Contract Administration & Labor Arbitrations - conduct of disciplinary and "rights" arbitrations; advice to management on effective administration of the collective bargaining agreement.
• Interest Arbitration - strategic advice to and representation of public entities that operate under this complex and risky method for resolving impasses in negotiations.
• Education Law - advice on education law matters for K-12 institutions and community colleges.
• Public Employment Relations Board proceedings - advice and representation regarding unfair practice charges and complaints and representation matters.
• Strategic Change Initiatives - advice on matters of employment and labor relations strategy, including departmental restructuring, employment contracts, performance contracts, and review and audit of personnel rules and handbooks.

Recent examples of our work include:

• A major case now pending before the California Supreme Court seeking a new, more balanced standard of review in court upon review of public sector disciplinary matters;
• Litigation involving issues of first-impression regarding public entity freedom of speech and matters of Brown Act (open meeting law) interpretation;
• Win/win negotiations in California public schools;
• Ongoing work with public safety departments in addressing allegations of sexual harassment, including managing litigation, handling disciplinary matters, and recommending modifications to policies and procedures;
• Negotiations and interest arbitration regarding random drug testing for police officers;
• Handling of DFEH and EEOC cases involving ADA and status discrimination in public safety, education, and cities and counties;
• Formulation and negotiation of a non-fraternization policy governing instructors at a major urban community college;
• Involvement in litigation testing the limits of the managerial exemption in the Fair Labor Standards Act;
• Serving as chief negotiator in high-profile labor disputes for safety and non-safety personnel, including strategic consultation with chief administrative officers and members of elected boards;
• Pro bono service to the League of California Cities and County Supervisors’ Association of California (CSAC) regarding legislative strategies on labor relations matters affecting cities and counties in 1999;
• Training seminars presented to public sector employers and labor relations groups throughout the United States on Preventing Workplace Violence, Conducting Internal Investigations, Negotiations, Public Sector Discipline, Sexual Harassment Prevention, and Managing Within the Law.
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Employee Relations and Human Resources Counseling
Our primary goal is always to help clients accomplish their business objectives. Because the pursuit and achievement of business objectives affects employees, our attorneys provide both legal and human resources advice to clients. We counsel clients on a full range of employment law issues from personnel policies and handbooks to workforce reductions and reorganizations.
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INVESTIGATIONS

Many of you are aware of the increase in employee complaints brought against employers. Does the following scenario sound familiar? You just learned of a serious complaint---whether it is sexual harassment, discrimination, theft, substance abuse, ethical violations, threats of workplace violence or whistleblowing---and you want to know what to do?

The first step is to investigate the complaint. But before launching into an investigation, you must determine who is the best person to conduct the investigation. Is it you? You may be too close to the situation or not have the adequate skills to conduct an effective investigation. What can you do?

You have an excellent alternative. CDHK is acknowledged, nationwide, as a leader in conducting investigations. In fact, ten years ago two partners created the first nationally recognized training program on "Conducting Internal Investigations." Since that time, our firm has taught thousands of in-house counsel and human resource professionals how to conduct internal investigations.

Often times, however, the nature of the complaint mandates that an outside investigator conduct the investigation. We have several attorneys (in Los Angeles - gkraemer@cdhklaw.com or in San Francisco - drutter@cdhklaw.com) in our firm who are skilled at investigating a variety of sensitive complaints. By having an outside investigation, this allows you to demonstrate your commitment to a fair workplace by engaging in effective, prompt and independent investigations of employee complaints. This conduct is exactly what courts, juries, arbitrators and mediators have come to expect from good employers.

Also, the quality of the investigation is being closely examined by courts. The relatively new legal theory of "negligent investigations" is one additional risk that you do not need. Again, you do have an alternative which allows you an effective way to minimize such claims.
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TRADITIONAL LABOR

CDHK provides services in response to union orgranizing. A core element of our practice is representation of management in National Labor Relations Board and Public Employment Relations Board proceedings. We counsel employers on how to lawfully and effectively respond to union organizing from the onset of activity through the conduction of a secret ballot election. We also provide advice on collective bargaining agreements and effective contract administration, representing the employer at the bargaining table and at arbitration proceedings and providing advice on the preparation and implementation of strategies to be used in the event of a strike.
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OTHER LABOR AND EMPLOYMENT LAW SERVICES

We focus on the client's total employment relationship. As a result, we provide additional services, including conducting independent investigations of employee misconduct and employment law audits designed to prevent litigation and identify legal compliance issues and other services in the areas of employee privacy, employment contracts, AIDS-related issues, unfair competition and trade secret disputes, non-competition agreements, occupational safety and health and personnel administration.

Labor and Employment Law Training
Our innovative management training programs make employers and their management teams aware of the legal issues which frequently cause problems in the workplace. These programs are described in more detail in our Seminars and Training section of this site.
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