Buchalter attorneys partner closely with clients to provide broad, protective counsel that minimizes risk exposure. Our critical risk-management solutions allow clients to focus on managing their businesses while we manage the details of their employment problems. We work closely with business management to ensure workplace compliance and an immediate response when conflict arises. We prepare and implement employee handbooks, advise on personnel matters and union relations, negotiate employment and severance agreements and defend lawsuits. We also represent Taft-Hartley benefit plans. Our clients vary from closely-held companies to major financial institutions, restaurant chains, manufacturers and retailers, with offices and locations nationwide.
A History of Expertise and Service
- Significant Experience representing clients before administrative agencies, such as the NLRB, EEOC and the CA DFEH; including specific experience by a member of the practice group as an attorney with Region 21 of the National Labor Relations Board
- Specialized experience providing advice and counseling and litigating issues related to the apparel industry.
- Specialized experience providing advice and counseling and litigating issues related to the health care industry under Wage Order 5, and related to caregivers and personal attendants under Wage Order 15.
- Specific familiarity with deputies and hearing officers at the Division of Labor Standards Enforcement as a result of years of representing clients in conferences and hearings. Specific familiarity with processes of the EDD and IRS, which has resulted in amazing resolution of misclassification issues prior to spending precious resources and time on hearings.
- Reasonable rates that appeal to all employers, not just large companies
Representative Matters
- Extensive trial experience before the Division of Labor Standards Enforcement representing clients in the apparel, hospitality, and trucking industries.
- Represent garment manufacturers and guarantors in proceedings before the DLSE for claims under Labor Code section 2671 et seq.
- Represent companies in proceedings before the Department of Labor related to claims for overtime and minimum wages.
- Expertise in representing apparel industry in claims brought by the Department of Labor under the “Hot Goods” provision of the Fair Labor Standards Act.
- Provide advice and counseling and litigate issues related to the “personal attendant” exemption under Wage Order 15 for companies that place caregivers at private residences.
- Provide advice and counseling to companies and individuals that employ a property manager to manage commercial and residential real estate.
- Provide advice and counseling and represent companies in litigation before the DLSE or in Superior Court that utilize owner-operators as independent contractors in the trucking industry.
- Represent companies in Superior Court, and in proceedings before the Employment Development Department and the Internal Revenue Service (including the filing of Petitions of Reassessment of Notice of Assessment) related to claims of misclassification of employees as independent contractors.
- Represent trucking companies in disputes over independent contractor status.
- Represent an electronics company in connection with Sarbanes-Oxley whistleblower claims.
- Represent companies in defending unfair labor practice charges before the National Labor Relations Board.
- Represent companies involved with claims of untimely payments to models used by those companies.
- Defend numerous companies in hearings before the California Division of Labor Standards Enforcement (“Berman “ hearings).
- Represent companies in “access” cases under the Americans With Disabilities Act.
- Represent employee benefit plans and plan fiduciaries in ERISA litigation.
- Represented an ambulance company in defeating a union organizing attempt.
- Advised a major mortgage company with respect to a nationwide layoff of over 3,000 employees.
- Represented numerous companies with respect to claims by former employees of failure to extend medical leaves and resulting wrongful termination.
