Employment Law (Employer/Business)
We support & manage the employer-employee relationship through litigation defense or human resources counseling to mitigate litigation risks & abide by applicable laws.
Defending San Diego employers countywide
“Extremely dedicated to her clients and extremely hard working.” — Kira O.
Counsel Companies
Managing relationships with employees grows more complex and critical every year. From workplace investigations and leave management to workplace safety and security, employers need a strong array of resources to navigate these complex issues and avoid the costs of litigation that ensue when mistakes are made. Virtually every aspect of the relationship between employers and employees is governed by statute, state/federal rule, contract, or principle of law. Employers can rely on Rainey Law P.C. attorneys to provide advice and counsel in order to comply with, and abide by, applicable rules and regulations. We assist in creating and maintaining positive employment relationships.
Our attorneys also supply advice and on-site training concerning many of the issues employers encounter from day to day. Our services include:
- Creating and refining personnel policies, procedures, manuals, and grievance procedures to address potential employment problems before employees seek outside assistance from plaintiffs' attorneys, governmental agencies, and unions
- Ensuring wage and hour compliance and conducting audits
- Addressing issues concerning higher-level executives, including: negotiating and drafting employment agreements; providing compensation planning, including stock options and other non-cash compensation; negotiating severance agreements for departing executives
- Planning, implementing, and reviewing cost-saving mechanisms such as reductions-in-force
- Conducting sexual harassment and other employment-related investigations
- Implementing effective employee counseling and discipline procedures
- Protecting trade secrets and preventing theft of proprietary employer information
- Structuring the hiring process to avoid liabilities, including drafting compliant applications and addressing issues concerning applicant testing and other inquiries
- Designing, managing, and containing costs with respect to fringe benefit plans
- Advising on issues surrounding job safety and security
- Structuring affirmative action programs for government contractors
- Dealing with employee privacy issues
- Designing and implementing programs to avoid workplace violence
- Assisting in the successful navigation of audits and investigations by the U.S. Department of Labor's Office of Federal Contract Compliance, Wage and Hour Division, and OSHA
- Responding effectively to requests for FMLA, military, and other leaves of absence or workplace accommodation
- Conducting training for managers, supervisors, and human resource professionals on topics such as prevention of unlawful harassment, diversity in the workplace, effective performance management, effective handling of discipline and terminations, and managing leaves of absence and requests for accommodation
- Assuring compliance with federal, state, and local employment-related laws and regulations
Employment Litigation Defense For Businesses
Our labor and employment law practice encompasses the representation of clients exclusively in the full range of employment litigation matters that can arise out of the employer-employee relationship, including, but not limited to:
- California Wage and Hour Violations; Private Attorney General Act (PAGA);
- Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1866 (Section 1981);
- the Equal Pay Act; Gender Discrimination; Sexual Harassment; Failure to Prevent Discrimination, and Hostile Work Environment in Violation of Gov. Code §12940 et seq.;
- Discrimination (Sex, Sexual Orientation, Race, National Origin, Religious, Age, and Disability and Medical Condition); the Americans with Disabilities Act (ADA); the Age Discrimination in Employment Act (ADEA)
- Negligent Hiring, Supervision, and Retention; Misrepresentation under Labor Code §970; Misrepresentation in Violation of Labor Code §1050; Constructive Discharge; Retaliation;
- the Rehabilitation Act of 1973;
- the Fair Labor Standards Act (FLSA);
- the Occupational Safety and Health Act (OSHA);
- the Employee Retirement Income Security Act (ERISA);
- the Family and Medical Leave Act (FMLA); California Family Rights Act (CFRA);
- the Uniformed Services Employment and Reemployment Rights Act (USERRA);
- the Worker Adjustment Retraining and Notification Act (WARN);
When to call a lawyer
If any of these describe your situation, an early conversation is usually cheaper than the alternative.
- You are terminating an employee or running a reduction in force
- An employee has complained of discrimination, harassment, or retaliation
- You received a CRD, EEOC, Labor Commissioner, or PAGA notice
- You classify workers as exempt or as independent contractors
- Timekeeping, meal periods, or overtime practices have never been audited
Employer-side defense in San Diego
San Diego employers face claims through several front doors: the California Civil Rights Department, the Labor Commissioner's San Diego office, the EEOC's local operations, and civil filings in San Diego Superior Court. Wage and hour exposure is the most common, and it usually traces to timekeeping and meal period practices rather than intent.
Local ordinances raise the baseline. The City of San Diego's Earned Sick Leave and Minimum Wage Ordinance applies to employees working inside city limits, and multi-site employers across Chula Vista, Escondido, Carlsbad, and Poway need policies that account for where each employee actually works.
- Wage and hour, meal and rest period, and PAGA defense
- Discrimination, harassment, and retaliation claim defense
- Workplace investigations and handbook overhauls
- Reductions in force, separations, and severance agreements
San Diego questions we hear most
- Where are San Diego employment claims filed?
- Administrative claims go to the California Civil Rights Department, the EEOC, or the Labor Commissioner; civil suits are filed in San Diego Superior Court, with North County cases in Vista.
- Do San Diego employers need a workplace violence prevention plan?
- Most California employers, including those in San Diego, must maintain a written plan, train employees, and keep incident logs under Labor Code section 6401.9.
Serving Rancho Bernardo, Carmel Valley, Sorrento Valley, Del Mar, Poway, Escondido, Carlsbad, Encinitas, and communities throughout San Diego County from our office at 16870 West Bernardo Drive, Suite 400, San Diego, CA 92127.
Related reading
Plain-English guides from our Insights library on the issues that come up most in these matters.
- Meal and Rest Break Compliance in California: Where Employers LoseBreak violations are small per shift and enormous in aggregate. The exposure usually traces to three fixable practices, not to bad intent.
- The California Employee Handbook: Required Policies and Costly GapsA handbook is evidence. In a California wage or discrimination case it is usually the first document requested — and the first place a defense falls apart.
- Employment Arbitration Agreements in California: Enforceable or NotCalifornia enforces employment arbitration agreements — but only the ones drafted to survive the state's unconscionability rules, and only if the employer pays its fees on time.
Where we serve
Employment Law (Employer/Business) counsel for businesses and employees throughout San Diego County.
We fight for you.
Schedule a confidential consultation to discuss your business or employment matter.
