Cooper’s Labor and Employment practice covers the entire spectrum of employee relations, from compliance counseling and training, to mediating, arbitrating, and litigating employment-related disputes. Cooper lawyers represent publicly and privately held companies and nonprofit groups, including entities in the telecommunications, technology, energy, pipeline, green, retail, and service industries.
Counseling and Training
Our primary goal is to prevent lawsuits before they happen, through training managers and supervisors on the legal obligations of employers under federal, state and local laws, drafting employment handbooks and policies, and advising clients on the latest developments in this rapidly changing field. Our expertise includes:
- Drafting and revising employee handbooks and employment policies
- Drafting and revising independent contractor agreements
- Auditing and counseling on employee classification issues
- Counseling and training on disabilities and employee leaves under the Americans with Disabilities Act, California Fair Employment and Housing Act, California Workers’ Compensation Act, Family and Medical Leave Act, and California Family Rights Act
- Counseling and advice on wage and hour law issues, including compliance with meal and rest break and prevailing wage requirements
- Managing disciplinary actions, individual terminations, reductions in force and lay offs, including WARN Act compliance and disparate impact analyses
- Sexual harassment training and investigations
Employment Litigation
Cooper attorneys litigate management-side employment matters on all facets of employment law. Our attorneys have tried, mediated, and arbitrated employment cases, and have handled individual, class, and representative matters before the United States Equal Employment Opportunity Commission and Department of Labor, and California’s Department of Fair Employment and Housing, Division of Labor Standards Enforcement, Unemployment Insurance Appeals Board, Workers’ Compensation Appeals Board, Employment Development Department, and the Contractors State License Board.
We have handled employment litigation in the federal courts in the Northern, Central, Southern, and Eastern Districts of California, in all of the state courts of the counties in the San Francisco Bay Area, and in courts and administrative agencies from Eureka to San Diego. Our areas of focus include:
- Wrongful termination
- Discrimination, harassment and retaliation
- Workplace violence
- Labor Code section 132a
- Wage and hour issues
- Unfair competition, defamation and trade secrets
Labor Relations and Collective Bargaining
Our lawyers also provide service in the union environment, including:
- Negotiating collective bargaining agreements
- Responding to organizing campaigns
- Representing management at grievance proceedings and arbitrations
- Defending unfair labor practice claims before the National Labor Relations Board
- Litigating matters involving union conduct during strikes and other concerted activities, as well as multi-employer union pension plans
Labor & Employment Attorneys
Labor & Employment Alerts
- OSHA “Nudges” Employers With Revised Injury and Illness Recordkeeping Rules May 13, 2016
- Do’s and Don’ts of California Employment Arbitration Agreements June 2, 2014
- Broadcasting News: Anti-Discrimination Laws Called Into Question April 30, 2014
- Key Provisions of New California Pregnancy Disability Leave Regulation May 16, 2013
- New Law Prevents Employers From Requiring Employees to Reveal Personal Social Media Activity September 27, 2012
- Caretakers for the Elderly Do Not Lose Their Exempt Status by Performing Incidental Healthcare Duties May 15, 2012
- California Supreme Court Rules Employers Need Not Force Employees to Take Meal Periods As Long As They Relieve Employees of All Duty April 12, 2012
- Out-of State Companies with California Employees Beware: Court Invalidates Non-California Choice of Law Provision in Independent Contractor Agreement March 29, 2012
- UPDATED: NLRB Adopts Final Rule Requiring Workplace Posting of Employee’s NLRA Rights August 26, 2011
- Employee Termination for Disability-Caused Misconduct June 23, 2011
- Port Trucker Lawsuit Dodges Federal Preemption Claim June 23, 2011
- Lost Privilege for Employee-Lawyer Emails on Company System March 25, 2011
- Seven Steps Employers Should Take to Help Comply With GINA Regulations March 7, 2011
- Five Things That Should Be In Your Employees’ Personnel Files – And Five Things That Shouldn’t October 21, 2010
- NLRB Decisions by 2-Person Committee of 5-Person Board Are Void June 28, 2010
- What Deductions Can Employers Take From Exempt Employees’ Vacation and Sick Leave Banks Now that Partial Day Deductions Are Permitted? June 21, 2010
- “On-Call” Employees May Have Wage Claims June 5, 2009
- Verifying Employment Eligibility: Revised Form I-9 and E-Verify Update June 5, 2009
- Ten Employment Termination Traps June 5, 2009
- 2009 California Employment Law Update May 19, 2009
- Obama Stimulus Package Requires Employers to Provide COBRA Subsidies March 23, 2009
- Employers Should Ensure Compliance with New Family and Medical Leave Act Regulations March 5, 2009
- At Will Termination Clause in Independent Contractor Agreement Does Not Create Employment Relationship September 15, 2008
- Two Appellate Court Decisions Clarify “Administrative Exemption” From Overtime Pay Requirements November 27, 2007
- Memo to Clients: Employer Action Required on Social Security No-Match Letters – U.S. Immigration and Customs Enforcement (ICE) Crackdown August 30, 2007
- Sexual Comments Not Necessarily Actionable, State Supreme Court Says in Friends Decision May 15, 2006
- Memo To Communications Clients: California Negates Jury Trial Waivers; Corporate Counsel for California Arbitration; Easement Access Rights for Cable; California Seconds FCC Broadband Choice Policies; Overlay Area Codes for VOIP; Employer Pitfalls September 18, 2005
Labor & Employment Cooper News
- Sarah Banola Appointed to Serve on California Bar’s COPRAC August 15, 2019
- Sarah Banola Elected Partner of the Firm March 25, 2018
- Mark Tuft Discusses Attorney-Investigators in California Labor & Employment Law Review August 10, 2011
- Cooper, White & Cooper LLP Joins Lawyers Associated Worldwide April 18, 2009
- Cooper Announces Strategic Alliance with Coombs and Dunlap September 6, 2005
Labor & Employment Legal News
- Acquiring Companies Need to Exercise Caution to Qualify for Limited Exception Allowing Non-Compete Agreements Related to the Sale of a Business September 18, 2012
- One Harassing E-mail Does Not Create Hostile Work Environment November 1, 2011
- Terminating an Employee for Behavior “Caused By” a Disability May 31, 2011
- Choice-Of-Law Clause Can’t Make Independent Contractor From California Employee January 4, 2011
- California Supreme Court: Business Not Vicariously Liable For Independent Contractor’s Injuries From Contractor’s Failure To Guard Against Inherent Risks January 4, 2011
- Employers Must “Provide” Meal and Rest Breaks But Not “Ensure” They Are Taken January 4, 2011
- No LHWCA Compensation For Stress Reaction To Employer Discipline January 3, 2011
- Pitfalls of Employee Noncompetes: New Employer Liable for Honoring Prior Employer’s Noncompete August 10, 2010
- California Constitution (Prop 209) Invalidates Race/Gender Preferences in City Contracting August 10, 2010
- U.S. Supreme Court Allows Review of Employee Text Messages on City Pagers June 28, 2010
- Vendor’s Overseas Employees Lack Standing to Sue Under Customer’s Labor Standards October 20, 2009
- EEOC Can Still Investigate and Subpoena After Closing File April 9, 2009
- No Punitive Damages for Labor Code Minutiae January 22, 2009
- Ninth Circuit Applies California Wage and Labor Laws to Visiting Workers November 21, 2008
- No Liability for “Gotcha” Paystub, Meal/Break Time Violations November 21, 2008
- No Legal Fee Mountain for Plaintiff’s Molehill May 1, 2008
- California Limits Tort Exposure to Subcontractors May 1, 2006