Labor & Employment

Rogers Joseph O'Donnell's Labor and Employment Law Practice Group is comprised of experienced labor and employment attorneys with extensive public entity and private sector experience.  Our attorneys have represented public agencies and private employers in labor and employment matters both in the capacity as both outside and in-house counsel.  Our litigation experience in labor and employment disputes includes jury trials, appeals, administrative hearings, mediations, and arbitrations. We are experienced in handling all aspects of employment litigation in federal and state court, and at all levels of the employee appeal ranging from Skelly pre-disciplinary hearings, post-disciplinary arbitrations and civil service or personnel commission hearings, employee and/or union grievances arbitrations, unfair labor practices and/or representation proceedings before the Public Employment Relations Board (PERB), and other pre-litigation arbitrations and mediations.

Rogers Joseph O'Donnell attorneys have litigated age, race, sex, and disability discrimination suits under the FEHA, ADA, Title VII, and State and Federal False Claims Acts. We have experience handling both individual and class action suits.  Rogers Joseph O’Donnell attorneys have drafted numerous public and private sector collective bargaining agreements and have successfully represented management in labor negotiations and writ proceedings in Superior Court, and in proceedings before the Public Employment Relations Board (PERB), National Labor Relations Board (NLRB), in labor arbitrations (binding and non-binding).

Rogers Joseph O'Donnell's labor and employment practice encompasses both counseling and litigation. To assist clients in minimizing the risk of litigation, we provide advice on virtually every aspect of employer-employee relations, from compliance with wage and hour laws to defense of employee charges of company misconduct.  We are experienced in campaigning on behalf of management in face of union organizing activities.

Our government contracts knowledge allows us to address employment issues for government contractors in both the security classified and non-classified areas, as well as providing counseling and representation in federal labor law actions such as affirmative action, Fair Labor Standards Act, and Service Contract Act matters.  We also have significant depth in the retail industry where we handle both employment and business litigation for national retailers. Our work with unionized employers gives us the ability to understand the complexities of employee claims subject to collective bargaining agreements.

The depth and breadth of our employment law experience allows us to offer the same quality of representation usually expected from much larger law firms, while our relatively small size enables us to maintain highly competitive rates and a more direct and personal relationship with our clients.

Representative Cases and Issues

• Summary judgment on behalf of a large newspaper based on claims of disability discrimination, failure to provide reasonable accommodation and failure to engage in the interactive process
• Successful resolution of a wage and hour class action with approximately 500 class members alleging missed meal breaks, off the clock work and unpaid travel time
• Defense verdict (jury) on behalf of state agency after a two-week jury trial involving claims of race discrimination, harassment and retaliation
• Defense verdict for employer following a four week State Court jury trial on retaliation claim for termination after reporting sexual harassment
• Counseling and defense of a large Bay Area public entity in age, race, and sex discrimination lawsuits
• Defense verdict on behalf of employer and individual employee after two week federal court trial on race discrimination and harassment claim
• Dismissal of race discrimination class action against national employer and defense verdict in state court jury trial of lead plaintiff on individual claims of race discrimination
• Defense verdict in a challenge to access to a private golf course  based upon gender and age discrimination under the Unruh Act,  California Civil Code § 51 et seq.
• Defense verdict in federal court action involving whistle-blowing claims by a public employee alleging violations of Labor Code § 1102.5,  Civil Rights under U.S.C. § 1983, and False Claims Act , Govt. Code § 12650 -12655
• Representation of a large defense contractor in lengthy jury trial involving allegations of retaliation for whistle-blowing
• Defense of a Fortune 500 corporation in a wrongful termination and age discrimination suit brought by 27 former employees
• Negotiation of severance packages for management employees terminated or laid-off due to reductions in force
• Successful negotiation of public sector Memorandum of Understandings (MOU) with respect to severance packages, furloughs, reductions in retirement and health benefits packages
• Representation of public agencies and public employees regarding benefits under the California Public Employees Retirement System (Cal.PERS)
• Representation of public entities in unfair labor practices and unit representation matter before the Public Employment Relations Board (PERB)
• Summary judgment defense of a large retailer in a wrongful termination and age discrimination case involving a management employee of 28 years
• Representation of national employers in statistical class-action discrimination cases
• Dismissal of ADA knee injury claim brought in federal court by union employee
• Successful defense of an age and race discrimination case brought by a long-term employee against a large employer
• Successful defense of two cases involving claims by female police officers of sexual harassment and hostile work environment based upon summary judgment of claims
• Negotiation and favorable resolution of a sexual harassment and sex discrimination case brought by a female employee against her supervisor and employer
• Investigation and resolution of sexual harassment charges brought by an employee of a professional partnership
• Numerous investigations of employee misconduct, including harassment and other misconduct rule violations
• Successful resolution through investigation of employee claims alleging discrimination, harassment, and/or hostile work environment
• Negotiation and settlement of age discrimination charges by a former account executive for a national medical products manufacturer
• Successful defense of ADA lifting restriction case brought by unionized employee against large employer
• Advice to an out-of-state corporation regarding restrictions in employment contracts on competition and use of trade secrets
  
• Advice to a corporate employer regarding defense and indemnity of supervisory employees accused of wrongful conduct and the extent of “course and scope of employment” analysis
• Negotiation of separation and consulting agreement for a senior officer in a high technology company involving non-competition and non-solicitation issues
• Summary judgment defense of an employer in a constructive wrongful discharge, sex discrimination, assault and sexual harassment case brought by a female employee against her supervisor and employer
• Successful defense of one of the largest privately held engineering companies in jury trial of sexual harassment claim