Labor and Employment Law

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.