Employment Litigation

The Labor & Employment Group of Stuart Kane LLP provides expert counseling to management on day-to-day personnel issues, with an emphasis on minimizing the risk of employee lawsuits while protecting the employer’s right to manage the workplace.  But we are also highly effective trial and appellate lawyers who defend employers in everything from small wage claims before the Labor Commissioner to multi-million class action lawsuits in State and federal court.  This dual role as counselor and litigator has enabled the Labor & Employment Group to master the best strategies for dealing with toughest personnel issues.  Knowing how a workplace dispute will play out at trial provides powerful insights in how to prevent that dispute from every getting to court in the first place.

We represent clients in State and federal courts, before the EEOC, the Department of Labor, Labor Commissioner, in arbitration, at trial and on appeal.  We litigate cases throughout the State of California, and efficiently handle multi-million dollar class actions, wage claims of less than $10,000, and everything in between.  Our highly experienced employment litigators can conduct an independent investigation, assess a case, advise clients of the risks and likely outcome, and cooperatively structure a strategy that fits within the client’s business plan to achieve your goals and objectives.

Our areas of specialization include:

Employment Litigation
Stuart Kane’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 unions.

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

Wage & Hour Disputes and Class Actions
The Employment Litigation practice group at Stuart Kane LLP has vast experience and a stellar track record in defending wage and hour class action lawsuits against employers in a wide range of industries. Collectively, we have defeated more than 90% of all the class certification motions that we have opposed in class action lawsuits in state and federal court.

We have handled class actions involving anywhere from a few hundred to tens of thousands of potential class members, with potential exposure reaching into the tens of millions of dollars.  We have represented employers in a wide range of industries, including restaurants, healthcare institutions, software, manufacturing, construction, and electronics.

We have dealt with every imaginable issue that arises in the wage and hour context, including class action claims for:

  • Meal and rest period violations
  • Overtime claims based on challenges to exempt status
  • Off the clock work, including travel time and preparatory activities
  • Business expense reimbursement, uniforms, and safety equipment
  • Reporting pay, split shift premiums, and incentive compensation plans
  • Seating requirements

Employment Attorneys