Practice Group Leader: Marie Burke Kenny
The experienced attorneys of Procopio’s Labor and Employment Practice Group counsel and represent businesses in the full range of legal issues that arise in the workplace, including federal and state regulatory compliance, human resource administration, and litigation. They often draw upon the capabilities of the firm’s other practice groups, such as Tax, Health Care and Corporate and Securities, to meet their clients’ needs.
Through a variety of preventive advice and measures, we strive to help clients avoid liability exposure and the time and expense of litigation. Our attorneys prepare employment policies and employee handbooks and personnel procedure manuals, and review them for compliance with state and federal statutes and regulations. We also provide management and supervisory training in harassment and discrimination issues and policies, and recommend other preventive employment policies and practices. We also regularly advise businesses on wage and hour and executive compensation issues.
Additionally, our attorneys are experienced in defending employers’ rights in litigation of all types of employment disputes including wage and hour class actions, harassment, discrimination, retaliation, wrongful termination, breach of contract, defamation, and theft of trade secrets. Our attorneys have defended employers in both federal and state courts as well as in administrative actions before the EEOC, the DFEH and the DLSE.
We counsel and represent management in all aspects of labor relations, including the interpretation and administration of labor agreements, collective bargaining and other labor union contract negotiations, the legal aspects of reductions in force, and disputes arising under the National Labor Relations Act. Our attorneys regularly defend employers in administrative proceedings before the California Labor Commissioner, the California Unemployment Insurance Appeals Board, the California Fair Employment and Housing Commission, the Equal Employment Opportunity Commission, the U.S. Department of Labor, and other California and federal agencies.
Our Labor and Employment attorneys counsel corporate clients in connection with sponsoring qualified retirement programs and employee benefit plans such as medical, vacation, severance, health reimbursement arrangements, health savings accounts, self-funded corporate plans and related programs. We frequently coordinate such efforts with other benefit plan professionals, including accountants, third-party administrators, brokers, consultants, and investment managers. In addition, our attorneys negotiate and prepare administrative agreements, pension and annuity investment agreements, group medical insurance contracts, leases and other contractual arrangements. We provide plan document preparation and qualification services, including related work with the Internal Revenue Service, the U.S. Department of Labor and similar state agencies.
Our attorneys advise benefit plan sponsors and fiduciaries on compliance with ERISA and relevant parts of the Internal Revenue Code and related federal regulations, including COBRA, HIPAA and developing areas, and defend benefit plan fiduciaries in litigation, arbitration and administrative proceedings. We also advise clients on the tax implications of the provision of employee benefits.