Our labor and employment law practice group emphasizes preventive counseling and education as the keys to avoiding claims and controlling the rising costs of litigation. Our attorneys specialize in training management on all employment-related issues, and in strategizing with companies to create solutions for personnel and related problems. However, when reason and negotiation do not provide a satisfactory resolution, our lawyers have substantial litigation experience. Our attorneys are frequently successful in dismissing cases through summary judgment and winning cases through arbitration, bench and jury trials.
The labor and employment law practice group represents clients in both the private and public sectors, including employers in the high-tech and biotech, financial, hospitality, restaurant, health care, professional services, retail, personnel services, construction, manufacturing and agricultural industries, as well as educational institutions, transportation and other special districts, municipalities and other governmental entities. We draft and negotiate employment agreements and provide advice and litigation services in all aspects of employer/employee relationships, including:
- wage/hour matters.
- class action litigation.
- wrongful termination cases.
- employment discrimination claims.
- sexual harassment claims.
- misappropriation of trade secrets.
- executive compensation.
- reduction in force and reorganization.
- development of effective personnel policies/practices.
- prevailing wage/public hires/union-related matters
The group’s experienced and highly regarded lawyers have both the diversity and varied backgrounds necessary to counsel and defend employers in all employment-related matters. Luce Forward lawyers are leaders in the Labor and Employment Bar, having served in positions such as chair of the San Diego County Bar Association Labor and Employment Law Section. Our lawyers have taught university courses and lectured on employment law at several different law schools. The group’s lawyers include former U.S. District Court and Ninth Circuit Court of Appeals judicial clerks.
Past speaking engagements have also included presentations in the California Employment Development Department’s annual employment seminar and speaking panels for the Equal Employment Opportunity Commission’s Technical Assistance Programs, the Council on Education in Management, the San Diego Lawyers Club Sexual Harassment Task Force, the Society for Human Resource Management, Employer Advisors Board, International Public Management Association for Human Resources (IPMA) and Association of Legal Administrators (ALA). The group provides its own in depth annual seminar on a variety of employment topics and quarterly breakfast update sessions and webinars.
Spencer, et al. v. BeavEx - We successfully defeated a motion for class certification in a wage and hour class action where our client, a courier delivery service, was sued by delivery drivers who contended that they should have been classified as employees and not as independent contractors. The class sought compensation for overtime, meal and rest periods, business expenses, penalties, interest and attorneys' fees.
Haywood v. NASSCO - We obtained a defense verdict for our clients after a two-week jury trial in San Diego Superior Court. Plaintiff, a former employee of National Steel and Shipbuilding Company ("NASSCO") who had been employed with the company for more than 36 years, brought suit against NASSCO and two individual supervisors, alleging age and race discrimination, harassment, retaliation and various other employment claims. Plaintiff's claims for race discrimination, harassment and breach of contract were adjudicated in defendants' favor prior to trial. After hearing more than 20 witnesses and deliberating for several hours, the jury returned verdicts on all causes of action in favor of defendants. The client was very pleased with the outcome, particularly in light of plaintiff's consistent demands for a settlement of no less than seven figures.
Torstrup-Lanham v. Government Employees Insurance Company, et al. - We obtained summary judgment for our client GEICO, the fourth-largest private passenger automobile insurance company in the United States. A former employee originally sued GEICO, alleging five causes of action, including pregnancy discrimination. Our attorneys won a motion for summary judgment that disposed of the plaintiff's first case. However, while the summary judgment motion was pending the plaintiff amended her complaint to bring a class action based on multiple new claims and asserting a novel legal argument related to GEICO's sick leave policy. GEICO thereafter won its second motion for summary judgment and successfully disposed of the entire case, including the class action allegations. The decision was appealed to the U.S. Court of Appeals which affirmed the district court’s ruling.
Cristler, et al., v. Express Messenger Systems, Inc. - We obtained a defense verdict for our client after a three-week jury trial in San Diego Superior Court. Plaintiffs, independent contractor courier drivers, brought suit against EMS alleging misclassification, various wage and hour claims, and unfair and unlawful business practices. After hearing more than 45 witnesses and deliberating for several days, the jury returned verdict on all wage and hour causes of action in favor of defendant. Thereafter, the judge adjudicated Plaintiffs’ unfair competition claims in favor of defendant. It is extremely rare for class actions in employment cases to proceed all the way to jury trial. This case appears to be the only class action to date that has resulted in a jury verdict on the independent contractor/employee issue. Given the general trend in California cases favoring employee status, the verdict here was especially notable.