Employment Litigation

Stradling's employment litigation attorneys have defended employers in every imaginable kind of employee lawsuit and administrative proceeding.

We have defended employers in individual and class action lawsuits in state and federal courts throughout California, in both jury and court trials, and on appeal. We also have extensive experience in arbitration, with individual employees and under collective bargaining agreements with union.

Our attorneys have also defended employers in every type of administrative proceeding, including:

Wage claims before the Labor Commissioner
Unemployment appeals before the State of California
Unfair labor practice charges before the National Labor Relations Board
Discrimination and harassment complaints before the Equal Employment Opportunity Commission and California Department of Fair Employment and Housing
Workplace safety complaints before the Occupational Safety and Health Administration (OSHA)
Wage and hour audits by the U.S. Department of Labor
Payroll tax audits by state and federal authorities
Retaliation complaints before the Department of Labor under the Sarbanes-Oxley Act

Some of the claims and issues that we have successfully defended in litigation include:

Sexual harassment, and other claims of unlawful harassment, discrimination, and retaliation based on race, age, religion, and other protected classes
Whistleblower claims for wrongful termination of employment
Reasonable accommodation of disabilities in the workplace
Family Leave, pregnancy leave, and other protected leaves of absence
Overtime claims, including “off the clock” work, and challenges to exempt classification
Wage and hour claims for meal and rest periods, uniforms, expense reimbursement, reporting pay, split shift pay, and paystub violations
OSHA violations and workplace safety disputes
Claims for commissions, bonuses, and other incentive compensation
Misuse of trade secrets, unfair competition, and theft of company property by former employees

Major Trash and Recycling Company Secures Arbitration Victory in Employment Dispute

Multi-State Health Provider Successfully Navigates Class Action Settlement

Medical Device Company Secures Favorable Settlement with the Department of Industrial Relations

Global Health Food Company Successfully Resolves Wage & Hour Litigation

Global Retailer Successfully Defends Bag Check Class Action

Cannabis Cultivator Defends Against Wage & Hour Class Action

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Wicker Quoted in CNBC's "The Bottom Line" on the California Supreme Court's Upholding of Proposition 22

Stradling partner John Wicker was quoted in CNBC's "The Bottom Line" article, "Uber, Lyft and the gig economy think they’ve found a way to win the national labor war." The article discusses the recent California Supreme Court ruling upholding Proposition 22, a measure allowing gig economy companies like Uber and Lyft to classify drivers as independent contractors rather than employees where certain protections and benefits are provided to them.

Speier Quoted in Power Briefing on U.S. Noncompete Ban

Jared Speier, a partner in the employment law practice at Stradling, was quoted in the Power Briefing article, "U.S. Noncompete Ban: protecting company interests if or when it goes through." Speier highlighted the legal challenges facing the rule banning noncompete agreements. Speaking about the lawsuits filed against the FTC ruling, Speier mentioned that they challenge the authority and constitutionality of the decision, requesting an injunction. He also pointed out the potential delays in the rule coming into effect due to the ongoing legal disputes.

The Magic Carpet Ride Comes to an End: PAGA Claims Can No Longer Be Stricken on Manageability Grounds

On January 18^th, the California Supreme Court in Estrada v. Royalty Carpet Mills, Inc. ruled that defendants sued under the Private Attorney General Act (PAGA) may no longer strike unmanageable claims. PAGA claims are brought by a single plaintiff who acts as a representative of their fellow employees to recover penalties for violations of the labor code. Because these actions usually involve a large number of employees employers have argued that litigating some claims as to all the affected employees is not manageable and violates their due process rights. Prior to this decision, there was a split of authority among the appellate courts as to whether manageability was a viable means to strike PAGA claims. As is often the case, the California Supreme Court resolved this question in favor of employees.

Stradling Welcomes Veteran Employment Litigator Arthur Silbergeld

Los Angeles, CA – Veteran employment litigator Arthur Silbergeld has joined Stradling as a shareholder in the firm’s Employment Law Practice Group. Mr. Silbergeld will be based in the firm’s Los Angeles office. He comes to the firm from Thompson Coburn LLP where he was a partner.