Labor and Employment Law

We help California employers build compliant workplaces, manage complex workforce issues, and defend employment claims through practical legal strategies that support their long-term organizational goals.

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Summary

Procopio advises California employers on the legal and workplace issues involved in hiring, managing, and supporting today’s workforce. We represent businesses, public agencies, nonprofit organizations, educational institutions, and other employers in navigating California’s complex employment laws, helping clients build compliant workplaces, manage workforce issues, and defend employment claims when necessary.

Our attorneys provide practical counseling on the day-to-day issues employers face, including hiring, employee policies, wage and hour compliance, workplace investigations, leaves and accommodations, performance management, reductions in force, executive employment matters, labor relations, and other workforce challenges. We regularly help clients anticipate changes in California employment law, implement compliant workplace practices, and address sensitive personnel issues before they become disputes.

When disputes arise, we represent employers in single-plaintiff litigation, class actions, PAGA representative actions, labor arbitrations, and proceedings before state and federal administrative agencies. Our team has substantial experience defending employers in matters involving wage and hour claims, discrimination, harassment, retaliation, wrongful termination, trade secrets, prevailing wage, and other high-stakes employment disputes.

Our approach emphasizes practical, forward-looking guidance tailored to each client’s workplace, workforce, and organizational goals. We work closely with executives, HR professionals, in-house counsel, and managers to help employers make informed decisions, minimize disruption, and respond effectively as California’s employment laws continue to evolve.

Building a Compliant Workforce

Strong workplace practices begin long before the first employee complaint or lawsuit. We help employers establish policies, procedures, and employment practices that comply with California law while supporting their organizational goals.

Hiring and onboarding
Employment agreements and executive compensation
Employee handbooks and workplace policies
Wage and hour compliance, employee classification, and pay practices
Workplace training and harassment prevention
Restrictive covenants, confidentiality, and trade secret protection

Managing Employees and Workplace Challenges

Most employment issues are resolved long before they become legal disputes. We work alongside executives, HR professionals, and managers to address day-to-day workforce issues, helping employers make informed decisions, minimize risk, and maintain productive workplaces.

Performance management and employee discipline
Leaves of absence and disability accommodations
Workplace investigations and employee complaints
Reductions in force and workforce restructurings
Labor relations and collective bargaining issues
Ongoing employment counseling for HR and management

Responding to Claims, Investigations, and Government Agencies

When an employee files a complaint or a government agency initiates an investigation, early legal guidance can often improve the outcome. We help employers respond strategically while protecting both their legal interests and workplace culture.

EEOC, California Civil Rights Department (CRD), DLSE, Cal/OSHA, NLRB, and PERB matters
Administrative charges and agency investigations
Demand letters and pre-litigation disputes
Internal workplace investigations
Prevailing wage compliance and enforcement matters

Defending Employment Litigation

When litigation cannot be avoided, our attorneys provide experienced representation in state and federal courts, arbitration, and administrative proceedings. We defend employers in high-stakes employment disputes while remaining focused on practical business objectives.

Single-plaintiff employment litigation
Class actions and Private Attorneys General Act (PAGA) representative actions
Wage and hour litigation
Discrimination, harassment, retaliation, and wrongful termination claims
Trade secret and restrictive covenant disputes
Appeals and labor arbitration

Strategic Workforce Planning and Business Growth

Employment law plays a critical role in organizational growth, business transactions, and long-term planning. We work closely with clients and attorneys across the firm to integrate employment advice into broader business strategies.

Employment issues in mergers, acquisitions, and other business transactions
Workforce planning for startups and growing companies
Executive transitions and organizational restructuring
Employment counseling for charter schools and other mission-driven organizations
Cross-disciplinary advice with other practices including Education, Emerging Company and Venture Capital, Mergers & Acquisitions, and Corporate Tax

Employment Counseling and Compliance

Advised California employers on updating employee handbooks, workplace policies, and employment practices to comply with significant changes in state employment law.
Counseled growing companies on hiring, employee classification, wage and hour compliance, executive employment agreements, and restrictive covenant issues associated with workforce expansion.
Served as ongoing outside employment counsel to HR professionals and executives, providing practical advice on day-to-day workplace issues and helping employers avoid costly disputes.

Workplace Investigations and Sensitive Personnel Matters

Conducted independent workplace investigations involving allegations of harassment, discrimination, retaliation, executive misconduct, and other sensitive employee issues.
Advised employers on employee discipline, disability accommodations, leaves of absence, reductions in force, and other complex personnel matters requiring immediate legal guidance.
Represented charter schools and other educational institutions in employment matters involving their unique workforce and regulatory obligations.

Agency Proceedings and Labor Matters

Successfully represented employers responding to administrative charges, agency investigations, and enforcement proceedings before the Equal Employment Opportunity Commission (EEOC), California Civil Rights Department (CRD), Division of Labor Standards Enforcement (DLSE), Cal/OSHA, National Labor Relations Board (NLRB), and Public Employment Relations Board (PERB).
Guided employers through demand letters, employee complaints, and pre-litigation disputes, frequently resolving matters before formal litigation was filed.
Represented employers in labor arbitrations, collective bargaining matters, and other labor relations proceedings.

Employment Litigation

Obtained summary judgment for a California employer in a pregnancy discrimination lawsuit alleging discrimination, harassment, retaliation, and wrongful termination.
Successfully defended an employer against wage and hour class claims by defeating class certification.
Negotiated resolution of a wage and hour class action for approximately 0.05% of the plaintiff’s original demand.
Secured dismissal of an employment lawsuit through a successful anti-SLAPP motion.
Successfully compelled arbitration in a Fair Labor Standards Act (FLSA) collective action, leading to a favorable resolution.

Workforce Planning and Business Transactions

Advised buyers and sellers on employment issues arising in mergers and acquisitions, including workforce integration, executive retention, and post-closing employment matters.
Served as employment counsel to emerging companies, helping founders establish compliant employment practices during periods of rapid growth.
Supported multidisciplinary client teams by advising on employment issues in connection with corporate transactions, business restructurings, and other strategic initiatives.

Procopio’s Labor and Employment Law attorneys hold a much-anticipated seminar each year highlighting the changes that have occurred in federal and California law and what employers need to do to prepare for the next year.

Learn what it’s like to attend our annual seminar in this video.

When should I involve an employment attorney?

The best time to involve employment counsel is before a workplace issue becomes a legal dispute. We regularly advise employers on hiring decisions, employee discipline, workplace investigations, reductions in force, leaves of absence, policy updates, and other sensitive employment matters, helping clients reduce risk while making practical business decisions.

We just received a demand letter or agency complaint. What should we do?

Early legal guidance can often improve the outcome. Whether you’ve received a demand letter, a charge from the Equal Employment Opportunity Commission (EEOC) or California Civil Rights Department (CRD), or notice of another agency investigation, we help employers evaluate the issues, preserve relevant information, develop an appropriate response strategy, and determine whether early resolution is possible.

Our HR team handles most employment matters internally. When should we bring in outside counsel?

Most employers are well equipped to manage day-to-day employment matters internally. Outside counsel becomes particularly valuable when the stakes are higher, the law has changed, or the situation is unfamiliar. Because we work with employers across a wide range of industries, we help clients navigate emerging legal developments, evaluate difficult personnel decisions, and address workplace issues that even experienced HR teams may encounter only rarely. We see ourselves as an extension of our clients’ HR and legal departments, providing practical guidance when an outside perspective can make a meaningful difference.

How can employers prepare for new California employment laws?

California employment laws change frequently, often requiring updates to workplace policies, handbooks, compensation practices, manager training, and HR procedures. We help employers understand new legal requirements, implement practical compliance strategies, and adapt workplace practices as the law evolves.

We are expanding into California. What employment issues should we consider?

California has some of the nation’s most complex employment laws. Employers expanding into the state should evaluate wage and hour compliance, employee classification, leave requirements, workplace policies, restrictive covenants, pay transparency, and other state-specific obligations before hiring employees.

What should we do if an employee makes a harassment or discrimination complaint?

Every complaint deserves a prompt, thoughtful response. We help employers assess allegations, conduct or oversee workplace investigations when appropriate, advise on interim measures, and recommend practical next steps that comply with applicable laws while supporting a respectful workplace.

What is a PAGA claim, and why are employers concerned about it?

California’s Private Attorneys General Act (PAGA) allows employees to seek civil penalties for certain Labor Code violations on behalf of themselves and other employees. PAGA claims often involve wage and hour issues and can expose employers to significant liability. We advise employers on compliance strategies to reduce risk and defend clients when PAGA claims arise.

Do you represent employers in lawsuits and class actions?

Yes. While we emphasize proactive counseling and early resolution whenever possible, we also have achieved numerous successes in representing employers in single-plaintiff lawsuits, wage and hour class actions, PAGA representative actions, labor arbitrations, and proceedings before state and federal administrative agencies.

Do you work with startups and growing companies?

Yes. We regularly advise startups and emerging growth companies on employment issues associated with hiring, rapid expansion, executive employment, equity compensation, mergers and acquisitions, and other business milestones, working closely with our Emerging Company and Venture Capital and Corporate teams.

Do you provide employment law training for HR professionals and managers?

Yes. We believe informed managers and HR professionals are one of an employer’s best defenses against workplace disputes. Our attorneys provide customized training on California employment law developments, workplace investigations, wage and hour compliance, leave and accommodation issues, harassment prevention, and other topics affecting employers.

We also help managers develop the practical skills needed to lead effectively, including responding to employee complaints, documenting performance issues, addressing inappropriate workplace behavior, conducting difficult conversations, and recognizing issues that should be elevated to HR or legal counsel. In addition to client-specific training, Procopio hosts an annual Employment Law Seminar featuring practical guidance on emerging workplace issues and legal developments affecting California employers.

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