CDF Labor Law LLP

For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits, and advising employers on related legal compliance and risk avoidance. We cover the State, with five locations from Sacramento to San Diego. At CDF, protecting your business in employment, labor and immigration matters is the firm's top priority.

Transitions and Terminations: CA Counsel on Layoffs, Plant Closings and Severance Plans Employers face difficult questions when deciding to reorganize, restructure or downsize their workforce. Both California and federal law often require employers to take additional precautions when taking such steps. The manner in which employers plan, strategize and communicate major changes to their employees can significantly determine whether a transition creates liability exposure or if it smoothly supports business goals. Failure to comply with advance notice requirements or relying on improperly drafted severance agreements can threaten the very savings that may have required the difficult decisions impacting the workforce. CDF counsels employers on how to effectively implement every variety of workforce change, including restructuring and downsizing, and assists businesses in complying with and navigating the myriad laws and regulations that apply. Our experience spans a multitude of industries, both those facing ongoing ecomonic challenges and those experiencing fast-paced growth that requires fundamental changes to the workforce to support future success. CDF’s counsel includes: Layoffs/Reductions in Force (RIF) Labor/Union Issues Related to Sale/Acquisition of Business Entities Severance Agreements Severance Plans WARN Act and Cal-WARN Act Issues and Litigation In addition to handling the legal implications of business decisions impacting groups of employees, CDF also has significant experience preparing individual severance agreements tailored to the specific circumstances of employee departures. Pre-RIF Counsel Adds Value to CA Business CDF counsels employers considering downsizing or restructuring, usually before such decisions are implemented, allowing our clients to avoid the common pitfalls surrounding these changes in workforces. In the process, attorneys maximize strategic planning, provide uniquely tailored, company-specific advice and documentation, and offer thorough counseling on alternatives and creative solutions. Because no two layoffs or terminations are identical, CDF attorneys offer advice and counsel drawn from a background rich in guidance to employers of all sizes and multiple termination events, including layoffs, downsizing and separation/severance negotiations and agreements.

Pioneering Defense in California Employment Class Actions For California employers, the potential dangers of seemingly innocuous violations, such as wage and hour issues, when aggregated, can lead to enormous risk. From resolving five concurrent class actions for a national employer to successfully opposing numerous motions for class certification, CDF has defended more than 200 employment class actions in both state and federal courts throughout the state. In addition, CDF is one of the very few firms in California that has tried five wage and hour class actions before judges or juries in various jurisdictions in California. CDF attorneys received a very favorable decision from the California Supreme Court in Duran v. U.S. Bank Nat. Assn., 59 Cal. 4th 1 (2014). CDF’s defense work on this case, which lasted for more than a decade, helped to shape class certification and trial principles in exemption cases. The closely followed trial, and subsequent victory before the California Supreme Court, serves as a testament to the respect CDF’s class action practice commands throughout California. In summary, our client prevailed in the California Supreme Court following a first-of-its kind class action trial and multiple appeals. CDF defended the bank against a class action alleging misclassification of exempt loan officers who were engaged in selling loans to small businesses. The primary dispute at trial was the applicability of the California outside salesperson exemption to each employee in the class. After aggressively defending the client against these claims for more than a decade, including a months-long class action trial premised on an unprecedented "representative" trial methodology that involved statistical terminology but ignored relevant legal and statistical principles, CDF appealed both the class certification and the trial plan and class judgment, resulting in a reversal of the judgment and an order decertifying the class from the Court of Appeal. The plaintiffs petitioned the California Supreme Court for review, and CDF went on to successfully defend the client before the California Supreme Court. The California Supreme Court affirmed the Court of Appeal's judgment in its entirety, resulting in a total victory for the bank - with the trial court judgment reversed and the class decertified. Our class action experience, nearly two decades strong, includes advice and litigation throughout California on: Class Action Avoidance Wage and Hour Class Action Defense Discrimination Class Action Defense Unfair Competition Law and Unruh Act Class Action Defense Private Attorney General Act (PAGA) Representative Action Defense Wage and Hour Audits With the recent decisions by the California Supreme Court and U.S. Supreme Court in arbitration and class action cases, we have seen a proliferation of representative Private Attorney General Act (PAGA) claims. CDF has an established record of successfully defending and resolving these cutting-edge claims for California employers. Early and Creative Strategies for Class Action Claims Each class action threat carries a different set of potential risks, costs and business impact to employers. While some law firms approach high-volume cases in a formulaic manner, CDF prefers an individualized strategy that maximizes true efficiencies. At the outset of each case, we conduct a thorough analysis of the legal issues simultaneously with a prompt factual investigation. We then formulate a plan that aligns with a client’s litigation goals and budget. Together, we determine if the wisest course is to position the matter for dismissal, settlement or denial of class certification at the earliest possible juncture. CDF’s deep experience in defeating class certification and reducing claims plays a pivotal role in spotting class action defense pitfalls that would otherwise prolong the litigation or drive up defense costs. CDF attorneys also: Use early discovery or dispositive motions to limit the size and scope of the proposed class and/or claims, and bring creative solutions to settlement negotiations. Deploy a statewide on-the-ground legal team to efficiently interview putative class members and obtain favorable declarations in a cost-effective manner. This leads to favorable settlement negotiations or successful opposition of class certification motions. Conduct classwide merits-based discovery, work with expert statisticians, economists, accountants, and develop effective trial plans. CDF’s ahead-of-the-curve approach underscores our belief in the power of a good offense. We continually advise clients on developing legal compliance requirements and implementing effective policies and practices to help them avoid class actions in the first place. We also conduct audits of our clients’ practices to spot potential problematic areas before they face the specter of expensive class actions.

Harassment, Discrimination and Retaliation: CA Counsel on EEO Litigation Private sector workplace discrimination claims with the U.S. Equal Employment Opportunity Commission (EEOC) have reached unprecedented levels since 2010. Employers paid the EEOC $404 million in 2010 alone, and, for the first time, claims of retaliation surpassed race as the most frequently filed EEOC charges. California continues its national reputation as a testing ground for novel claims of race, sex, religion, sexual orientation, gender, age and other forms of illegal discrimination. Quite often, employers here are caught by surprise and are unprepared when challenged by an EEO investigation or lawsuit. As the legislature and courts continue to expand the scope of anti-discrimination laws, California employers must be wary of, and alerted to, attendant risks. Minimizing Threats of EEO Litigation in CA Discipline, discharge or mismanagement of employee leaves of absence can trigger discrimination and retaliation lawsuits that threaten your public image, employee morale and business operations. CDF defends employers against discrimination, harassment and retaliation claims before courts and state and federal agencies. We provide experienced counsel in traditional and emerging areas of EEO law including: Class Action Defense – Discrimination and Unruh Act Complex and High Stakes Jury Trials Employment Discrimination Disability and Family Leave Retaliation Claims Sexual Harassment and Other Forms of Workplace Harassment Whistle-Blower Litigation CA EEO Litigation Strategies and Experience To help clients avoid the disruption that discrimination, harassment and retaliation cases present, CDF guides clients into advantageous positions. We assist with internal investigations, development of anti-discrimination and harassment policies, and management training. In cases where litigation is unavoidable, CDF’s experienced attorneys focus on prompt investigation of the facts, creative early resolution strategies and, where necessary, our attorneys have the experience to aggressively pursue a case through trial and verdict. CDF attorneys’ EEO litigation background matches the wide variety of our clients’ industries across the state. Our diversity of experiences ranges from defending same-sex sexual harassment charges to university whistle-blower and white-collar, age-discrimination and class action claims levied against employers with workforces extending from the Bay Area to San Diego, Los Angeles and Sacramento.

Navigating the Immigration Maze for CA Employers California has long been a national symbol of creativity and innovation, a beacon for the best and brightest - the state is still the primary destination for immigrants entering the United States. California is a desirable location for many highly skilled and talented individuals to work. California employers attract the top talent, the best and the brightest from all over the world. CDF regularly handles complex immigration matters and simplifies the many government regulations that are entailed in employing of foreign nationals in select positions. Our attorneys are known as straight shooters who cut through bureaucratic frustrations armed with solutions that match our clients’ demand for top-tier talent. California is also a state that has many undocumented immigrants or people who use creative means to obtain gainful employment. In an effort to both protect the undocumented population and punish employers, both state and federal government regulators have stepped up enforcement and cracked down on employers that hire undocumented workers. CDF regularly handles employment matters that involve undocumented workers. We regularly work with government investigators to help employers navigate immigration enforcement proceedings and representation when undocumented immigrants bring claims against their employer to court. We assist employers in: Employment Visas/Work Permits Permanent Residence Labor Certification sponsorships (PERM) H-1B Petitions (Professionals) H-1B1 Visas (Singapore and Chile) TN Visas (Canada & Mexico Free Trade Visas) E-3 Visas (Australia) J-1 Visas (Trainees and Interns) L-1 Executives and Specialized Knowledge Workers O-1 Visas (Extraordinary Ability) P Visas for Athletes and Entertainers Immigrant Petitions (I-140 EB-1, EB-2, EB-3, and EB-5) Outstanding Professors and Researchers Green Cards Investors (E-1/E-2 and EB-5) B-1/B-2 Visitors I-9 Internal Audits ICE I-9 Audits U.S. Department of Labor H-1B LCA Wage & Hour Audits Corporate Immigration Compliance for Mergers & Acquisitions Naturalization & Citizenship Problem Resolution Consultations Second Opinions Expert Witness Analysis and Counsel Outbound Visa Assistance for Corporate Travel Overseas Geopolitical and economic factors continually influence the immigration law and practice. CDF recognizes that real value for employers means more than just experience, it also requires responsiveness and insight. We reduce the confusion that the government's maze of immigration regulations induces by providing clear guidance, that will enable you to avoid staffing disruptions and liability to the government for non-compliance. For additional information regarding the firm's immigration practice, please contact Richard M. Green, Partner and Chair of the Immigration Practice Group at rgreen@cdflaborlaw.com.

A Collective Effort: Strategic Counsel on Unions and Organizing Threats While union membership in the private sector has gradually declined, employers have scant cause for complacency. The National Labor Relations Board (NLRB) under President Obama is moving aggressively to alter the playing field and give unions increased rights. Changes include more easily organized workforces for new employers, as well as allowing established unions to continue and expand their influence over employers. Since 2011, the NLRB has been attempting to change the rules governing union elections and limiting employers in communicating an anti-union position. It is also taking actions to prohibit employers from moving their plants to right-to-work states, as well as the NLRB becoming engaged in the world of social media. It is attempting to protect employees who post negative comments about their employers from discipline, calling it protected “concerted activity.” Experienced Counsel in the New Union Reality Against this shifting backdrop of NLRB changes, the value of experienced labor attorneys who are familiar with California’s current union landscape will prove pivotal to employers. CDF attorneys understand the power of prompt, decisive action. We have helped non-union employers successfully prevail in union organizing campaigns and have represented employers in all areas of union-management relations including: Collective Bargaining Agreement (CBA) Negotiations Grievance and Other Labor Arbitrations Picket Line Misconduct and Strike-Related Litigation Sale and Acquisition of Unionized Business Entities Strikes Union Avoidance and Union Organizing CDF attorneys have advised clients during CBA negotiations and guided clients in achieving needed operational flexibility as well as wage and compensation provisions that have allowed our clients to prosper during these difficult economic times. We regularly handle union grievances and arbitrations and are familiar with many of the experienced arbitrators in Northern and Southern California. Employers facing unfair labor practice charges rely upon us to guide them through the process, from the investigation straight through to the hearing. Our attorneys have also represented employers in some of the largest and most notable strikes in California in the last several decades and stand ready to act during labor strife.

Protecting Secrets: CA Counsel on Trade Secrets and Covenants Not To Compete California is one of the few states in the union that will not enforce covenants not to compete in most employment relationships. Employers, therefore, face unique challenges to maintain market position, protect confidential information and maintain a steady workforce. Indeed, in a time of economic challenge, enterprising employees may see an advantage to attempting to set up a competing business based on knowledge learned from, and to the detriment of, their present employer. And, in any economic climate, employers seek to hire the top talent from competitors. CDF has built a reputation within employment law for its in-depth knowledge of trade secret issues. Our team speaks with frequency on cutting edge trade secret court decisions in national seminars and are contacted with regularity by the media. We regularly prosecute and defend employers and employees, across a variety of industries, in state and federal courts. We conduct litigation and counsel employers in all areas related to confidentiality and competition including: Covenants Not To Compete Non-Solicitation Agreements Non-Disclosure Agreements Confidentiality Agreements Unfair Competition We manage matters including bet-the-company cases alleging misappropriation of trade secrets and other proprietary information that frequently intersect with computer forensics, electronic discovery, spoliation or covering up evidence and large quantities of sensitive documents and data. Proactive and Convenient Counsel to Keep Secrets Safe Intrinsic to CDF’s counsel is how we position clients to proactively minimize litigation risks and costs. We help clients ensure that they have enforceable employment and confidentiality agreements, policies and procedures that do not violate California’s public policies. In addition, CDF attorneys create policies and practices to minimize the risks of misappropriation and strengthen our clients’ challenges to those that do attempt to compete unfairly. During the recruitment and/or hiring process, we create structures and practices that prevent clients from mistakenly taking on unnecessary additional risks in this rapidly evolving area. Prompt action is often required in these matters and experienced trade secret lawyers are resident in every CDF office. And, we are available to conveniently consult with our clients at their office locations to maximize resources. For more information about the services that CDF can provide, please contact Dan M. Forman, Chair, Unfair Competition and Trade Secret Practice Group.

Taming the Dangers of CA Labor Code on Wage and Hour Litigation From missed meal breaks to misclassification of employees, California employers face a seemingly endless sea of wage and hour disputes. Wage and hour disputes, which can be brought as individual, representative or putative class actions, can involve a significant amount of financial exposure, especially with the California Labor Code’s numerous penalty provisions. For example, California’s attorney general is seeking $4.3 million from a construction firm accused of misclassifying employees. In a prior recent action, the AG’s office won a $13 million judgment when a court ruled that two companies had misclassified 300 janitors, cheated the state out of payroll taxes and did not pay minimum wage and overtime. Experienced in Managing the Uncertainty of CA Wage and Hour Law The uncertainty that wage and hour issues pose for California employers shapes the counsel CDF provides on the state’s complex wage and hour laws. Using informative and preemptive techniques, we defend regional and national employers against claims for alleged violations of the California Labor Code, California Wage Orders, and other wage and hour laws. CDF is one of the few firms to have actually tried five wage and hour class actions, and our litigation experience in traditional and emerging areas of wage and hour disputes, across many industries, includes: Class Action Defense - Wage and Hour Employee/Independent Contractor Classification Issues Private Attorney General Act/PAGA Lawsuits Unfair Competition – 17200 Claims Wage and Hour Audits A Preventive and Assertive Approach to Wage and Hour Litigation Avoiding potential wage and hour disputes is central to CDF’s representation. CDF attorneys regularly create and review employers’ policies and handbooks as they relate to wage and hour issues, as well as counsel employers on how to best implement those policies in the workplace to avoid lawsuits and liability in the first place. However, wage and hour litigation cannot always be avoided and often is not insurable. This is where CDF positions its clients in the most strategic defensive mode possible. In the process, we may conduct a thorough review and analysis of wage and hour policies and practices, along with assertive fact gathering. During class action litigation, this often entails interviewing putative class members/employee representatives and supervisors, both in English and in Spanish. When managing individual claims, we always consider how the resolution of the claim could have a broader impact, as it is not uncommon that other employees have the potential to bring similar claims or bring subsequent claims under the California PAGA statute. As the case develops, CDF attorneys may be able to achieve a prompt settlement or decide to mount an aggressive opposition, depending on the surrounding circumstances and facts. California’s reputation as a breeding ground for wage and hour litigation – the state is responsible for a disproportionably large share of settlements nationwide - seems set to continue. Strengthened by experience gained in federal and state courtrooms, ADR forums and administrative agencies across California, CDF attorneys form a statewide on-the-ground presence attuned to the unique wage and hour issues in each jurisdiction and the challenges these present to our clients’ businesses.

Keeping Workplaces Safe and CA Employers in Compliance California employers are responsible for making sure their employees are safe and that their jobs do not improperly put their health at risk. This is no easy task. The regulations and statutes in our state require employers to follow unique and special steps to ensure compliance: Employers must have a proper Injury and Illness Prevention Program in place Many California employers are required to ensure compliance with California’s Heat Illness Prevention regulations Incidents involving workplace violence have increasingly become a major issue in the state, and employers should be familiar with the Cal-OSHA Guidelines for Workplace Safety CDF’s Workplace Safety and Health attorneys know these laws and regulations. We provide advice to employers to make sure that the proper policies and practices are in place. CDF Counsel for Investigations and Litigation When investigations are initiated or litigation is filed, our attorneys respond strategically, efficiently and effectively. The goal is to position clients ahead of the claim, either by pursuing an ardent defense, or a swift resolution with minimal liability and exposure. Our litigators handle many different types of matters related to workplace safety and health. We have battled the California Division of Occupational Safety before the Cal-OSHA Appeals Board and we regularly represent clients before the California Workers’ Compensation Appeals Board when claims are brought for Serious and Willful Injury or Workers’ Compensation Discrimination under Section 132a of the California Labor Code. Our most important goal is to help clients avoid unnecessary risks to employee safety and health. Of equal importance is creating for clients a sense of security and peace of mind, the assurance that results from having the full protection of the law should their safety and health practices be challenged by government regulators or an injured employee.

The Power of Prevention: Advising CA Employers on Litigation Avoidance As a firm dedicated only to employment law, in particular California employment law, the avoidance of litigation is a goal we share with clients and a top priority throughout the firm. Nothing gives us greater satisfaction than an employer telling us that one of the procedures we recommended, or a training we conducted, directly led to a drastic reduction in claims filed by employees. From CDF’s attorney-led webinars and legislative updates, to our CA Labor Law blog, and articles, we provide clients with multiple points of contact and educational resources so they can educate themselves on how to minimize risks, without having to retain counsel. When it is necessary to hire attorneys to address problems, we react quickly and work efficiently. At the center of our preemptive, protective counsel is ensuring that employers have critical policies and agreements in place. To increase the value of our engagement with you, CDF attorneys formulate effective policies, procedures and best practices, and regularly draft and guide employers on: Employee Handbooks FMLA/CFRA Policies and Forms Wage and Hour Policies Drug Testing Policies Harassment Policies Social Networking Policies Background Check Policies and Forms Employment Agreements Employee/Independent Contractor EEO Issues Employee/Independent Contractor Classification Issues Separation and Severance Agreements Confidentiality/Trade Secret Agreements Arbitration Agreements CDF continually seeks ways to share the aggregate experience of more than 40 employment law professionals, all of whom focus solely on laws applicable to California employers, and the practical administrative and operational challenges that are sometimes posed by compliance. Training and Audits Effective claim prevention often requires more than a single policy or seminar. Training plays a crucial part too and CDF provides a wide range of training to human resources departments and management. Areas of training include wage and hour compliance, FMLA/CFRA compliance, sexual harassment prevention, union avoidance, and best practices relating to hiring, workplace investigations, and discipline and discharge. Inquiry, evaluation and analysis are also key preventive tools. Often, it is not a defective policy that is causing the risk, but instead, the way that supervisors are enforcing it. CDF attorneys conduct wage and hour audits and broader employment practices audits, as well as corporate investigations. We also regularly advise on day-to-day personnel matters such as discipline and termination, accommodation of disabilities, and managing leaves of absence. By assisting you in developing compliant policies and procedures, and providing regular counseling and training on best practices for carrying out those policies, CDF helps clients reach their goals of limiting their exposure to costly litigation.

Good Cause and Beyond: CA Counsel on Workplace Litigation California’s standing as a center of commercial ingenuity and innovation is often at odds with its pro-employee legal environment that is hospitable to wrongful termination, defamation and tort claims. Employee discipline and discharge, especially in a climate of high unemployment, can trigger lawsuits that threaten your business operations, company reputation, workforce morale, and market competitiveness. CDF defends employers against claims from employees in protected classes and allegations of violation of federal EEO laws, FEHA, public policy and contract law. We also represent employers in a range of workplace tort claims, including actual and constructive discharge, breach of contract, defamation, invasion of privacy, fraud, and other common law claims brought by former and current employees. Our experience allows us to counsel you in traditional and emerging areas of employment disputes including: Breach of Employment Contract Issues Defamation Litigation Infliction of Emotional Distress Social Media Issues Workplace Invasion Privacy Claims Wrongful Termination Claims Fraud/Misrepresentation Lawsuits Whistleblower Matters CA Workplace Litigation Approach and Experience Positioning clients in front of claims is the hallmark of CDF’s approach to litigation. Early analysis, prompt investigations, insightful review of fact patterns and assertive action help us align action with clients’ goals: prompt evaluation and settlement, efficient summary judgment dismissal, or, when necessary, an aggressive trial-track strategy backed by experienced trial attorneys who can try a case through to verdict to send a powerful message and prevents future risks. CDF’s knowledgeable and experienced employment law attorneys, all based in California, handle a wide range of wrongful termination and related tort claims in a variety of industries.