Labor & Employment

Labor is a business’ most valuable resource. Subject to ever-evolving and often overlapping federal and state laws, facing broadening classes of protected workers and an increase in retaliation and other worker claims, it has never been more important for employers to assure that their policies and practices are legally compliant and their liability risk is minimized.
Attorneys in Best Best & Krieger LLP’s Labor & Employment practice group provide comprehensive guidance to employers. From resolving day-to-day employment issues through establishing policies, and providing training and litigation defense, we help employers stay focused on productivity, avoid workplace disruptions and reduce the risk of costly litigation.

Our attorneys represent both public and private clients, including private colleges, community colleges, schools, for-profit and nonprofit businesses, special districts, cities and all types of public agencies.

Comprehensive Service
BB&K Labor & Employment attorneys advise on and represent clients regarding:

In addition, we are on-call, trusted advisors to help employers with daily employment issues. We provide full-service help to employers — from policies to training to litigation defense.
Discipline & Termination
We conduct initial investigations and evaluate evidence supporting discipline, review the consistency and appropriateness of disciplinary measures, prepare all required notices, represent employers in due process hearings, and defend them in administrative hearings, litigation and judicial appeals. We have appeared on behalf of clients in proceedings before the Civil Service Commission, the Public Employment Relations Board and the Office of Administrative Hearings, in arbitration hearings, and in matters before personnel commissions, personnel committees and public agency boards.
Discrimination, Harassment & Retaliation
Our attorneys advise employers on how to respond to allegations of unlawful discrimination and harassment in the early stages of a complaint to help avoid claims landing in court. We conduct investigations and defend clients against such allegations in state and federal courts and before administrative agencies. Further, we provide harassment and discrimination avoidance training to supervisors and provide guidance of best practices for handling claims when they arise.
Employment Policies & Agreements
BB&K attorneys advise on, draft and negotiate employment agreements, and compensation, employee pensions and benefits terms. Further, we assist with labor-related issues and offer counsel regarding all facets of municipal law, special districts, and fire department, police and education institution-related matters.
Labor Negotiations & Other Union Matters
We assist in the collective bargaining process, handle labor and union contract negotiations, impasse procedures, grievance and arbitration proceedings, union representation proceedings and unfair labor practice charges before local, state and federal agencies.
In-House Training
Recognizing that risk avoidance is the best strategy, BB&K attorneys provide training for human resources professionals, managers and supervisors. We also assist in establishing, implementing and enforcing best practices and employment-related protocols regarding issues such as hiring and firing, workplace safety, disability accommodations, worker and manager discipline, and discrimination, harassment and retaliation allegations.
Our attorneys also provide advice on compliance with state and federal laws, such as Title VII, the Fair Employment and Housing Act, the Fair Labor Standards Act, the Americans with Disabilities Act, federal and state family leave laws, and the Worker Adjustment and Retraining Notification Act.
Further, we stay current on legal developments and keep our clients informed with regular updates on labor and employment laws and cases.

Areas of Focus: Labor & Employment | Labor Negotiations & Other Union Matters | Municipal Law | Wage & Hour Law | Workplace Safety
Areas of Focus: Business | Labor & Employment
Areas of Focus: Business | Business Litigation | Intellectual Property | Public Agency Litigation | Trusts & Estates
Areas of Focus: Business | Business Litigation | Labor & Employment | Labor & Employment Litigation | Public Agency Litigation | Public Contracts & Construction
Areas of Focus: General & Special Counsel | Government Policy & Public Integrity | Health Care | Labor & Employment | Municipal Law | Public Agency Litigation | Public Contracts & Construction
Areas of Focus: California Public Records Act | Government Policy & Public Integrity | Municipal Law | Public Agency Labor & Employment | Public Agency Litigation | Special Districts
Areas of Focus: Government Policy & Public Integrity | Government Relations | Labor & Employment | Municipal Law | Special Districts
Areas of Focus: Employee Benefits & Executive Compensation | Public Sector: Employee Benefits & Executive Compensation
Areas of Focus: Board Governance & Administration | Business Services & School Facilities | Charter Schools | Education Law | Education Litigation | Special Education
Legal Alerts May 10, 2021

U.S. Treasury Releases Guidance on the Coronavirus State and Local Fiscal Recovery Funds

Six Ways the Funds Can be Used

Legal Alerts May 06, 2021

Cal/OSHA Updates COVID-19 Workplace Standards

Revised FAQs Include How to Handle Vaccinated Employees Exposed to COVID-19

Legal Alerts Mar 25, 2021

Supplemental Paid Sick Leave for COVID-19

California Senate Bill 95

Legal Alerts Mar 11, 2021

COVID-19 Relief Package Provides Substantial Aid to States, Counties and Cities

$1.9 Trillion COVID-19 Federal Relief Package – American Rescue Plan Act

Press Releases Feb 03, 2021

BB&K Office Makes Sacramento Top 10 Law Firm

Sacramento Business Journal’s Annual Law Firm Rankings

Legal Alerts Jan 14, 2021

Wage & Hour, Leave and Other New Laws for California Employers

Part 2: New Labor & Employment Laws for Businesses and Public Agencies in 2021

Legal Alerts Jan 13, 2021

COVID-19 Laws Impacting California Employers

Part 1: New Labor & Employment Laws for Businesses and Public Agencies in 2021

Legal Alerts Jan 06, 2021

New Laws for 2021

Bills and Court Decisions Impacting Public Agencies and Businesses in the New Year

Press Releases Jan 04, 2021

New Partner, Leaders and Diversity Committee

BB&K Announces Changes for 2021

Legal Alerts Jan 04, 2021

Reporting Non-Employee Compensation: A Year of Change

The New Form 1099-NEC Changes Non-Employee Compensation Reporting Requirements

Legal Alerts Dec 16, 2020

COVID-19 Quarantine Requirements for Employees Updated by Governor’s Order

New California Guidance Impacts Quarantine Periods for Exposed Workers

BB&K Webinar Dec 10, 2020

2020 Annual Labor & Employment Update

BB&K Free Webinar

Legal Alerts Nov 25, 2020

COVID-19 and the Workplace: Can Employers Make Vaccinations Mandatory?

Examining the Various Questions Employers May Have Surrounding COVID-19 Vaccinations

BB&K In the News Nov 17, 2020

Partner Joe Ortiz Appointed to San Bernardino Superior Court Bench

Labor & Employment Attorney Brings Hearing Officer Experience

Event Nov 12, 2020

PELRAC 2020 Virtual Annual Training Conference

Public Employer Labor Relations Association of California

Press Releases Nov 05, 2020

BB&K’s 2021 Best Law Firms Rankings Include New Tier 1 Recognitions

Annual U.S. News & World Report and Best Lawyers List

Press Releases Nov 04, 2020

Labor & Employment Partner Alison Alpert Named a Woman of Influence

SD Metro Magazine Recognizes San Diego Women for their Professional Achievements

Legal Alerts Oct 22, 2020

New COVID-19 “Close Contact” Guidance May Impact Employers

CDC Greatly Expands Close Contact Definition for Determining Exposure to COVID-19

Authored Articles & Publications Oct 12, 2020

Best in Law: Unmasking COVID-19 Workplace Rules

Brian Reider and Joseph Ortiz Discuss Employer Responsibilities in the Southern California Newspaper Group

Legal Alerts Sep 30, 2020

DOL Clarified the Federal Family First Coronavirus Response Act

New Rules and a Court Decision Followed the FFCRA’s Passage

Legal Alerts Sep 29, 2020

SB 1383 Expands Calif. Family Rights Act

New Law Takes Effect Jan. 1

Legal Alerts Sep 24, 2020

Employer Obligation to Report COVID-19 Exposure in the Workplace

Assembly Bill 685 Expands Cal/OSHA Authority

Legal Alerts Sep 23, 2020

Workers’ Compensation Presumption for COVID-19 Contracted in the Workplace

Senate Bill 1159 Takes Effect Immediately

Free Webinar Sep 22, 2020

The Respectful Workplace: Civility and Harassment Training (Sep. 22, 2020)

BB&K Workshop via Webinar

Press Releases Sep 15, 2020

BB&K Receives High Ranks for Law Firm Diversity

Firm Leadership Renews Commitment to Supporting Diversity, Equity and Inclusion

Press Releases Sep 15, 2020

D.C. Litigator Lisa A. Bell Joins BB&K Labor & Employment Practice

Former Senior Counsel and Trial Attorney in the D.C. AG's Office

Legal Alerts Sep 11, 2020

DOL’s Joint Employer Rule Struck Down by Federal Court

California Among 18 States that Successfully Challenged “Vertical Employment” Liability Rule

Press Releases Sep 09, 2020

Rio Plaza Elementary Students Received Donated Backpacks Filled with Supplies

BB&K’s Annual Operation Backpack Help Students Learn at Home

Press Releases Aug 20, 2020

36 BB&K Attorneys Recognized on The Best Lawyers in America List for 2021

Three Named “Lawyers of the Year” and One Included on “Ones to Watch” List

Authored Articles & Publications Aug 17, 2020

Best in Law: Remote Working Laws for Calif. Employers

BB&K Attorneys Damian Moos and Kandice Kim Write About What Employers Should Know in the Southern Calif. Newspaper Group

BB&K Webinar Aug 04, 2020

Sexual Harassment Avoidance Training for Non-Supervisors (Aug. 4, 2020)

BB&K Training

Press Releases Jul 31, 2020

San Diego Business Journal Top Law Firm 2020

BB&K Remains in the Top 25 of the Annual Ranking

Authored Articles & Publications Jul 13, 2020

Best in Law: COVID-19 Federal Legislation for Businesses

BB&K's Allison De Tal Writes About FFCRA and CARES Act for the Southern California Newspaper Group

Press Releases Jul 10, 2020

Northern California Super Lawyers and Rising Stars 2020

BB&K Attorneys Honored by Legal Industry

Legal Alerts Jun 30, 2020

U.S. Supreme Court Extends Federal Employment Protections to LGBTQ+ Community

What Does Landmark Ruling Mean for California Employers?

BB&K Webinar Jun 24, 2020

The Respectful Workplace: Civility and Harassment Training (June 24, 2020)

BB&K Webinar

Legal Alerts Jun 08, 2020

Paycheck Protection Program Flexibility Act Makes Big Changes to COVID-19 Paycheck Protection Program

Loan Forgiveness Requirements Among the Changes

Legal Alerts Jun 03, 2020

Requirements for Supporting COVID-19 PPP Forgiveness Requests

Part 2: Small Business Administration Updates Paycheck Protection Program Guidance

Legal Alerts Jun 01, 2020

Calculating COVID-19 PPP Loan Forgiveness

Part 1: Small Business Administration Updates Paycheck Protection Program Guidance

Authored Articles & Publications May 26, 2020

Best in Law: AB5 and Franchisees

BB&K Partner Thomas O'Connell Explores the Independent Contractor Law's Impact on the Franchise Industry in a Southern California Newspaper Group Column

Press Releases May 20, 2020

Partner Joseph Sanchez Named a San Diego Top Attorney

Labor & Employment and Education Law Attorney Recognized by SD Metro Magazine

Authored Articles & Publications May 14, 2020

Best in Law: Contracts During the COVID-19 Pandemic

BB&K Attorney Todd Gee Shares Key Actions During a Pandemic in the Southern California Newspaper Group

Legal Alerts Apr 23, 2020

Fourth COVID-19 Federal Relief Package

Paycheck Protection Program, Small Business Administration Disaster Loans and Health Care Funding

Authored Articles & Publications Apr 22, 2020

Best in Law: Online Recruiting Legal Pitfalls

With Online Hiring Increasing During the COVID-19 Pandemic, BB&K's Damian Northcutt Addresses Potential Problems for Employers

BB&K Webinar Apr 08, 2020

Sexual Harassment Avoidance Training for Non-Supervisors (Apr. 8, 2020)

BB&K Training

Authored Articles & Publications Apr 08, 2020

PublicCEO: CARES Act Establishes Rules for Coronavirus-Related Distributions from 457(b) Plans

Public Employers Can Amend Plans to Allow Coronavirus-Related Distributions

Press Releases Apr 01, 2020

Walsh Law Firm Joins With Best Best & Krieger

Combination Enhances Trusts & Estates and Business Legal Teams

Legal Alerts Mar 19, 2020

Families First Coronavirus Response Act

New Federal Employee Leave Requirements Under COVID-19

Legal Alerts Mar 17, 2020

Three Federal Actions to Address COVID-19

How These New Measures Impact Businesses, Public Agencies and Employees

Press Releases Mar 10, 2020

Six BB&K Attorneys Named San Diego Top Lawyers 2020

San Diego Magazine’s Annual List

Legal Alerts Mar 04, 2020

New NLRB Rule Clarifies Joint Employer Doctrine

Reduces Joint Employer Liability, Brings Clarity for Employers

BB&K Webinar Feb 18, 2020

The Firefighter Bill of Rights: A Presentation for Directors, Chiefs and Supervisors

BB&K Free Webinar

Press Releases Feb 06, 2020

BB&K Sacramento Office Earns High Ranking

Sacramento Business Journal’s Annual Law Firm Survey

Authored Articles & Publications Feb 05, 2020

Best in Law: New 2020 Laws for Employers

Partner Joseph Ortiz Discusses Changes in the Southern California Newspaper Group

Legal Alerts Jan 30, 2020

Doing Business in 2020: Courts Tackle Employment Law

Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities

Legal Alerts Jan 27, 2020

Doing Business in 2020: California’s New Workplace Legislation

Part 1: New Labor & Employment Laws Impacting California’s Public and Private Entities

Legal Alerts Jan 15, 2020

New Laws 2020 Roundup

New Public Agency, California Public Records Act, Education and Labor & Employment Laws

Legal Alerts Jan 07, 2020

AB 5 Compliance: Public Agencies and Joint Employer Liability

Independent Contractor Agreements Should be Reviewed

Press Releases Jan 02, 2020

Eight BB&K Attorneys Promoted to Partner

Additional Changes at Firm Reflect Growth, Diversification

Videos Dec 10, 2019

[WEBINAR] 2019 Annual Labor & Employment Update

BB&K Webinar

Legal Alerts Nov 12, 2019

Legal Analysis: How Businesses and Public Agencies Can Adhere to AB 5

New California Law Creates Legal Test for Determining Who is an “Employee”

Legal Alerts Oct 22, 2019

“Super-Sized” Win Delivered to California Franchisors

Ninth Circuit Clarifies Joint Employer Classification

Press Releases Aug 15, 2019

The Best Lawyers Recognizes 31 BB&K Attorneys on 2020 List

Including Seven Named as “Lawyer of the Year”

Press Releases Jul 08, 2019

BB&K Ranked No. 202 on NLJ Largest Law Firms

Growth Attributed to a Niche Public Law Focus and Great Results

Press Releases Jul 02, 2019

BB&K on 2019 Nor. Cal. Super Lawyers and Rising Stars Lists

Annual List Acknowledges Attorneys for Professional Achievements

Press Releases May 28, 2019

BB&K Remains a Top 25 San Diego Law Firm

San Diego Business Journal’s 2019 Ranking

Authored Articles & Publications May 22, 2019

Expert Witnesses: Effective Questioning

Litigator Scott Ditfurth Shares Best Practices in Riverside Lawyer

Authored Articles & Publications May 22, 2019

Rooms with a View: Cross-Examining Experts in Depositions

BB&K Partner Mark Easter Walks Us Through the House of Depositions in Riverside Lawyer Magazine

Press Releases May 13, 2019

BB&K One of 200 Largest Law Firms in the U.S.

Law360 Annual Ranking Reflects Firm’s Continued Recent Growth

Press Releases Apr 10, 2019

Five BB&K Partners Named to 2019 San Diego Super Lawyers List

All Are Returning to the Annual List

Press Releases Mar 18, 2019

Six BB&K Attorneys Named Top Lawyers in San Diego

Annual List Based on Martindale-Hubbell Ratings

Legal Alerts Mar 14, 2019

Department of Labor Proposes Increase to FLSA Exemption Salary Threshold

California Public Sector Employers Would Feel the Impact

Legal Alerts Mar 07, 2019

California Supreme Court Decides Cal Fire Narrowly

Option to Purchase Airtime is Not a Vested Right

BB&K In the News Feb 27, 2019

American Lawyer Discusses BB&K Growth Last Year

Firm Expands to Meet Client Demand

Authored Articles & Publications Feb 15, 2019

Best in Law: Text with Caution

BB&K Attorneys Damian Moos and Anthony Chavez Warn Why Texting Employees and Customers Could Cost You

Legal Alerts Feb 08, 2019

Compensation, Harassment and Discrimination Cases Brought Labor & Employment Law Changes

California’s 2019 Labor & Employment Update: Part II

Press Releases Jan 30, 2019

BB&K a Top 10 Law Firm in Sacramento

Sacramento Business Journal’s 2019 List of Largest Area Law Firms

Authored Articles & Publications Jan 22, 2019

Best in Law: #MeToo Focus of New California Employment Laws

Joseph Ortiz Writes of New Laws Meant to Protect Employees for the Southern California Newspaper Group

Legal Alerts Jan 16, 2019

How Will a Much-Anticipated Joint Employer Decision Impact Private and Public Employers?

Browning-Ferris Industries v. NLRB

Legal Alerts Jan 15, 2019

Impact and Other Legislative Changes

California’s 2019 Labor & Employment Update: Part I

Press Releases Jan 02, 2019

BB&K Announces Three New Partners

Additional Changes to Leadership Roles

Dec 13, 2018

[WEBINAR] Annual Labor & Employment Update

BB&K Webinar

Legal Alerts Nov 12, 2018

Public Employers Covered by the ADEA of 1967

U.S. Supreme Court Holds that Number of Employees Doesn't Set Local Government Agencies Apart Under Anti-Discrimination Law

BB&K In the News Nov 05, 2018

Law360: BB&K Adds Three Health Attys from Archer Norris

The Legal Publication Interviews Colin Coffey, Noël Caughman and Alison Bassett

Press Releases Nov 02, 2018

BB&K Proud to be Among the Best

U.S. News-Best Lawyers 2019 Rankings Released

Press Releases Oct 22, 2018

BB&K’s Health Care Practice Welcomes Three New Members

Former Archer Norris Attorneys Join Firm

Press Releases Oct 16, 2018

Best Best & Krieger Marks 25 Years in San Diego

Proud to Serve, and Grow With, Its Community

Authored Articles & Publications Oct 02, 2018

Best in Law: No Off-the-Clock Work

BB&K Partner Joseph Ortiz Writes About the Starbucks Wage-and-Hour Class Action Decision in the Press-Enterprise and Other Newspapers

Legal Alerts Oct 02, 2018

CalPERS Employers Dodge a Bullet

SB 1124 Would Have Imposed Statutory Liability for Errors in CalPERS Reporting

Legal Alerts Sep 17, 2018

City Can’t Restrain Employee’s Critical Comments

Ninth Circuit Holds It Is OK to Speak on Matters of Public Concern as a Private Citizen

Press Releases Aug 21, 2018

Best Lawyers in America Lists 27 BB&K Attorneys for 2019

Representing a Variety of Practice Areas

BB&K In the News Aug 20, 2018

On-Call Settlement

Partner Roger Crawford Interviewed by the Northern California Record on Abercrombie & Fitch Case

Legal Alerts Aug 08, 2018

Down to the Minute: Starbucks Wage-and-Hour Decision

California Supreme Court Rejects Employer-Friendly Defense in Class Action

Press Releases Jul 19, 2018

Partners Roger Crawford and Isabel Safie Named Top Labor & Employment Lawyers

Daily Journal Releases Annual List of 75

Press Releases Jul 16, 2018

10 BB&K Attorneys Honored on 2018 Northern California Super Lawyers List

One Recognized as a Northern California Super Lawyer Rising Star

Press Releases Jul 12, 2018

BB&K Attorney Thomas O’Connell Appointed Chair of Hesperia Chamber of Commerce

Business Associate Also Heading Up High Desert Regional Chambers Coalition

Legal Alerts Jul 10, 2018

DOL Exempts Franchise Business Owners from Joint-Employer Liability

New Rule a Welcome Change to Franchise Owners and Small Businesses

Legal Alerts Jun 28, 2018

What Public Employers Need to Know Now in Wake of Janus Decision

SCOTUS Changes How Public Sector Union Fees are Collected; Governor Also Signs SB 866

Legal Alerts Jun 21, 2018

When is an Employer Responsible for Accidents on Employees’ Commutes?

California Court of Appeal Reverses $14 million Judgment Against Employer Because Employee’s Vehicle was Not Required at Work on the Day of the Accident

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