Experienced Labor Law Guidance For Employers

Few employment law attorneys have in-depth knowledge of traditional labor law, including the unique substantive and procedural rules of the National Labor Relations Board (NLRB). At Rediger Labor Law, we do. Labor law is a major focus of our practice. For decades, we have helped California employers navigate its nuances with precision and skill.

Services We Provide

Employers in diverse industries turn to us for guidance on labor law issues such as:

• National Labor Relations Board (NLRB) proceedings: Our attorneys have countered union organizing campaigns for our clients, litigated matters pertaining to NLRB representation elections and defended employers accused of committing unfair labor practices (ULPs) in hearings before the NLRB and on petitions to review filed with the federal appellate courts.
• Labor arbitration: Many unionized employers have collective bargaining agreements (CBAs) with labor organizations that mandate binding labor arbitration for all disputes. Our lawyers have extensive experience representing employers before labor arbitrators. We are familiar with issues such as the arbitrability of a grievance, contract interpretation, and discharge and discipline.
• Union-affiliated trust funds: Many CBAs require employers to remit contributions on behalf of covered employees to union-affiliated Taft-Hartley trust funds. When audits uncover alleged shortfalls in those contributions, we stand up for employers, defending them in federal court. Several of our efforts have resulted in published decisions favorable to unionized employers.
• Collective bargaining negotiations: Attorneys of our firm have negotiated numerous CBAs over the years, including the first multiemployer CBA with the SEIU covering security officers in the Bay Area, a multiemployer CBA with the Teamsters Union covering parking attendants in San Francisco, the first multiemployer CBA with the SEIU covering security officers in Los Angeles, and CBAs on behalf of several major hospitals in California.
• Strikes, picketing and boycotts: We provide advice to employers regarding proactive and defensive options available to them in the event that they become targets of these tactics.

From navigating complex NLRB proceedings and collective bargaining to defending against trust fund audits and union-driven tactics, our firm provides the technical mastery required to manage every facet of the employer-union relationship. We leverage decades of experience to ensure your business remains compliant and protected, allowing you to focus on growth while we mitigate the risks inherent in traditional labor disputes.

Frequently Asked Questions

To help you get a basic understanding of California’s workplace regulations, we have compiled answers to some of the most pressing questions facing modern employers. Understanding these foundational legal principles is the first step in maintaining a compliant and productive business environment.

What are the primary requirements for an enforceable employee arbitration agreement?

In California, an arbitration agreement must be both procedurally and substantively fair to be upheld in court. Key requirements include:

• Neutrality: The agreement must provide for a neutral arbitrator and an impartial forum.
• Remedies: It cannot limit any statutory remedies that would otherwise be available to the employee in court, such as punitive damages or attorney fees.
• Discovery: The agreement must allow for adequate discovery so the employee can effectively litigate their claims.
• Cost allocation: The employer must pay all costs unique to arbitration, ensuring the employee is not financially burdened by the process.
• Written award: The arbitrator must provide a written decision that includes the essential findings and conclusions on which the award is based.

How should a company handle a workplace harassment complaint to minimize legal liability?

To minimize liability, a company must respond with a process that is prompt, thorough and objective:

• Immediate action: Begin an investigation as soon as a complaint is made to demonstrate that the company takes its anti-harassment policy seriously.
• Impartial investigation: Appoint a trained, unbiased investigator, either a qualified HR professional or an outside legal expert, to interview all parties and witnesses.
• Interim protections: Implement temporary measures (such as reassignment) to protect the complainant from further harassment or potential retaliation while the investigation is ongoing.
• Corrective measures: If harassment is substantiated, take immediate remedial action that is proportionate to the offense and reasonably calculated to stop the behavior from recurring.

What can my company do to prevent future employment law claims?

The most effective way to prevent claims is through a strategy of preventative maintenance:

• Regular handbook audits: Annual reviews and updates of your employee handbook to reflect the latest California-specific laws, such as changes to the Private Attorneys General Act (PAGA) statute or expanded leave requirements.
• Supervisory training: Conduct regular training for managers on how to identify red flags, document performance issues honestly, and handle employee complaints without engaging in retaliation.
• Consistent application: Apply all company policies uniformly across the entire workforce to avoid “disparate treatment” claims.
• Internal audits: Periodically audit your payroll and classification practices to ensure workers are correctly classified and are receiving all required meal and rest breaks.

While these answers provide a broad overview of the legal landscape, employment law is subject to frequent legislative updates. For counsel tailored to your organization’s specific needs, we recommend you contact Rediger Labor Law directly to schedule a consultation with one of our experienced attorneys.

Are Your Employees Attempting To Organize?

Labor unions often use corporate campaigns, “salts” and other surreptitious tactics to prompt organization. If you’ve been targeted by a union, you should brace to be charged with committing unfair labor practices and investigated by the National Labor Relations Board.

At Rediger Labor Law, we have successfully assisted employers with their counter-campaigns to union organizing. We have also represented employers at NLRB elections, in trials before the NLRB and in petitions to review adverse NLRB decisions in federal courts of appeal. We have negotiated numerous collective bargaining agreements with various labor unions throughout the United States, including multiemployer CBAs in Los Angeles, San Francisco, San Jose and Sacramento.

Partner With Proven Labor Law Attorneys

Labor unions have strong legal teams on their side. You should, too. Benefit from our many decades of experience helping employers navigate high-stakes labor law issues.

To learn more, reach out online or call 916-374-6581 to reach our Sacramento office. We offer free initial consultations for employers.