Barker Olmsted & Barnier has both a proven track record and an on-going commitment to serving employers and Employment Practices Liability Insurance carriers.

In today’s litigation-crazed society, businesses can face no greater risks than those posed from within—by employees. Compliance with the wide spectrum of constantly changing federal and state laws, regulations, administrative actions, and court cases is the only way to minimize that risk. However, compliance is a legal obligation that can be frustratingly elusive in practice; it cannot be accomplished on a casual basis. The complexity of labor and employment law requires a significant degree of expertise applied with consistent vigilance. Any other approach will, in the long run, cost a business dearly.

It is in this context that Barker Olmsted & Barnier's employment and labor practice serves the California business community. The practice is geared to serve California businesses of all nature and sizes in a flexible and economic manner, tailored to the client’s particular needs. Our clients that have a sophisticated human resources team or in-house counsel rely on us for technical support when difficult or delicate issues arise that fall outside the normal day-to-day circumstances. Other clients request help on fundamental issues—for example, formulating written personnel policies or reviewing policies for compliance with recent changes in the law. At any point when a conflict arises, we (the employment attorneys) stand ready to take steps to defend a business even before a lawsuit is filed.

Our services can be described in two general areas:

• Claims Prevention. Clear and precise advice regarding compliance with federal and state laws.

• Litigation Defense. Cost effective and strategic representation in state and federal courts, before administrative agencies, and in the arbitration and mediation forums.

CLAIMS PREVENTION PROGRAM

The Employment and Labor practice philosophy is centered upon prevention. With the development of a litigation prevention program, clients enhance the likelihood they can, and will, avoid employment-related claims. Each client partnership begins by conducting an audit of employment practices to assess compliance with the law, drafting or reviewing of employee handbooks and providing legal advice in accordance with client needs.

As an employment issue arises, Barker Olmsted & Barnier works closely with the client and takes a proactive approach in investigation of the claim to ensure that all facts are properly evaluated. As appropriate, the firm strives for early resolution so that clients are not required to face additional challenges and expenses of a lawsuit.

Barker Olmsted & Barnier’s employment law attorneys serve as legal advisors dedicated to helping employers comply with ever-changing labor employment laws, which is one of the best mechanisms to protect against workplace problems and employee claims.
Claims prevention services include the following:

• Guiding the employer through employee claims of discrimination, harassment, or other allegations of wrongful conduct.

• Assisting the employer with wage and hour compliance (meal and rest periods, overtime, exempt/non-exempt, compensable time, expenses, etc.)

• Drafting and/or updating employee handbooks.

• Conducting a self-audit of employment practices to correct legal compliance problems before government agency or employee claims are made.

• Providing specific legal advice on the complexities of the Americans with Disabilities Act (ADA), Fair Employment & Housing Act (FEHA), Federal and State leave laws, workers’ compensation law, Title VII, wage and hour laws, and workplace safety laws.

• Training management and employees on their respective rights and/or obligations under a variety of employment law topics including: discrimination, record keeping, grievance procedures, and investigations.

• Drafting and reviewing non-disclosure agreements, at-will acknowledgments, employment contracts, and other agreements.

• Consulting on trade secret protection policies and practices.

LITIGATION

If a complaint is filed, the firm represents the employer’s interests with a strong team of assertive attorneys, paralegals and staff. Employment law attorneys continue to encourage early or alternative dispute resolution whenever the facts demonstrate that it is in an employer’s best interest to do so. With claims of no merit, the firm undertakes aggressive discovery.

Our attorneys carefully plan litigation with the client, and if applicable, the EPL carrier, to ensure that the dual goals of successful defense and economic legal costs are achieved.

Should cases go to trial, clients draw upon Barker Olmsted & Barnier’s experienced litigation team, who rigorously protect an employer’s interests. Successful trial of employment cases requires diligence and attentiveness. Success also requires the jury to empathize with the defendant employer and any of its employees who may be sued. As the firm’s attorneys prepare for trial, they give much attention to “humanizing” the employer and causing the jury to understand its reasonable position. Barker Law Group strives for an attorney/client “team” approach, providing expert legal advice while simultaneously adhering to clients’ ultimate goals.

Common examples of litigation matters include:

• Wage and Hour claims.

• Sexual harassment.

• Disability discrimination and accommodation.

• Age, race, gender and other types of discrimination.

• “Wrongful termination” lawsuits.

• EDD claims for unemployment benefits.

• DLSE fines or charges.

• FEHA/FEHC charges/investigations, and EEOC charges/investigations.

• State and federal agency audits and administrative claims (EDD, Labor Commissioner, etc).

• Independent contractor issues leading to fines, penalties, criminal charges and other claims.

• Misappropriation of trade secrets.

• Class actions / multi-party litigation.

TRAINING, SEMINARS AND EDUCATION

Chris Olmsted is regularly invited to speak to industry groups and private employers. Examples of our educational presentations include:

• Sexual Harassment Prevention Training (updated to comply with California regulations)

• “The Interplay Between The Family and Medical Leave Act, Americans with Disabilities Act, and Workers Compensation”

• “From Hiring to Firing, What an Employer Needs to Know”

• “Guidance to Effective Disciplinary Procedures”

• "Conducting Effective Employee Investigations"

• “Avoiding Liability in the Hiring Process”

• "Wage and Hour Law in California"

• "Employment Law for Construction Contractors"

• "Recent Developments in Labor and Employment Law"

• "Protecting Confidential Information and Trade Secrets"

• Other topics, upon request.

See our News and Events Page for upcoming seminars.


Emplloyment Law Updates and Alerts

We publish a monthly legal update designed to keep employers current with legal trends and best practices in California and under federal law. Please visit our News and Events Page for the most recent editions of our firm's Legal Update.