for California employershigh-value solutions

California labor & employment atProskauer Rose LLP | Prior results do not guarantee a similar outcome | Attorney Advertising

we know California labor and employment law

business is unusual in California...Everyone knows it’s, well, different in California, particularly when it comes to employment law and regulation of the workplace.

California is one of the most pro-employee states in the U.S. Well known for its ever-evolving labor and employment laws andcompliance requirements — which typically are broader than their federal counterparts — California presents a host ofchallenges for companies that operate there.

If you do business in the Golden State, you need to know how to address these differences to keep your California operationson the right side of the law. For example:

• Wage statements must include nine specific pieces of information — and any variance could spawn a lawsuit.

• Non-compete agreements are almost always invalid in California. And merely including certain statements in anemployment agreement can result in tort liability.

• Leave laws in California provide for more paid and unpaid time off than those of most other states. California’s disability and pregnancy laws are particularly complicated.

• Vacation policies with “use it or lose it” provisions are illegal.

• Meal and rest breaks, “suitable seating” and other idiosyncratic rules regularly form the basis for class action andPrivate Attorneys General Act (PAGA) lawsuits.

• Unlimited potential damages in discrimination cases is the rule, resulting in some jury verdicts in excess of $20 million for a single plaintiff.

For employers, effective legal guidance is vital to doing business in California. That’s where Proskauer comes in.

Proskauer’s California Labor & Employment Group “wins particular praise as accomplishedwage and hour class action and discrimination litigators. This combines with its knowledge oftraditional labor law, to result in a highly regarded and broad practice.”

Chambers USA

...which is why so many employers turn to Proskauer.Our California Labor & Employment Group has a deep, nuanced understanding of California labor and employment issues —and knows how California’s unique laws affect our clients. We represent employers across a broad spectrum of industries,including entertainment, financial services, health care, hospitality, manufacturing, media, professional services, retail, sportsand technology, among many others.

how we’re different

• We devise creative, out-of-the-box solutions, which are especially important in working through the challengingissues arising under California law.

• We are nimble and quickly adjust as the legal environment shifts, which is a common occurrence in California.• We have deep roots in this area of law — labor lawyers founded our Los Angeles office in 1979 — and haveremained committed to it and expanded our ranks even as competitors have exited the field.

• We are not afraid to take cases to trial, which gives our clients strength at the negotiating table.

Proskauer’s global pre-eminence in labor and employment law is another benefit to clients. We not only have one of the largestand strongest departments in the U.S., but also have handled virtually every type of labor and employment issue imaginable forover 70 years. Our proficiency in the field consistently earns the highest accolades: In 2012, for example, Chambers USAfurther distinguished our Labor & Employment practice by selecting us as the winner of its prestigious Award for Excellence.The California team is regularly recognized as a top practice by Chambers USA as well.

The bottom line is that when clients need representation in California labor and employment matters, they turn to Proskauer. We know the territory.

practical solutions are what we provide

We offer California employers high-value solutions across the breadth of labor and employment law. Our team isparticularly experienced in employment counseling and training, labor-management relations, non-compete and tradesecret issues, wage and hour matters, and class actions.

staying one step aheadWhile there are many ways to solve problems, we believe that prevention is the best strategy. We provide employerswith extensive counseling and training for precisely this reason.

Our lawyers work with companies to promote employee morale and job satisfaction, reduce paperwork, properlytransition workforces, and guide clients through workplace audits and compliance measures. In addition, we adviseclients on policy issues and day-to-day employment counseling questions.

This preventive approach applies to litigation as well: We strive both to avoid it and position our clients to vigorouslydefend against it should it occur.

Our team is highly seasoned and includes former government officials, litigators and some of the country’s foremostauthorities on federal, state and local workplace laws. Many are cited as among the best in their field by Chambers USA,The Legal 500 United States and other leading legal surveys.

laboring for managementWe represent employers in all aspects of traditional labor law. Our lawyers cover the entire labor-managementrelationship — from advising on union election campaigns and conducting collective bargaining negotiations to dealingwith grievances, arbitrations and other contract-related matters.

Our experience with labor law on the federal level is extensive. Most notably, we obtained a precedent-setting victorybefore the United States Supreme Court, which upheld the enforceability of mandatory arbitration clauses for agediscrimination claims asserted by employees subject to a collective bargaining agreement.

areas of focus

• Class/collective/representativeactions

• Collective bargaining• Employee discipline• Employee leave issues

• Executive compensation• Harassment and discrimination• Privacy and constitutional issues• Reduction in force and

WARN issues

• Trade secrets and non-competes• Trials and arbitrations• Unfair competition• Union organizing

• Wage and hour and PAGA claims• Whistleblower and retaliation

claims• Wrongful termination claims

keeping secretsProtecting human capital and intellectual property is crucial to a company’s prosperity — and its survival. Californiapresents unusual challenges in the area of non-compete and non-solicitation agreements because such covenants are generally unenforceable in the state.

We have litigated numerous non-compete and trade secret cases. Working closely with our colleagues in executivecompensation and intellectual property, we have achieved considerable success for clients both in and out of court —including making law in this area in numerous published opinions.

taking action against class actionsClass and representative action lawsuits are filed against California employers daily — and often litigated for years. Wedefend employers when plaintiffs seek redress as a class or collective grouping, and against large lawsuits brought bystate and federal labor agencies and other government entities.

Our team focuses on wage and hour claims under the California Labor Code and the Private Attorneys General Act,along with discrimination and retaliation class actions under California’s Fair Employment and Housing Act.

Beyond the courtroom, we are highly experienced in arbitrating cases, mediating settlements, and evaluating andminimizing clients’ exposure to damages.

industry experience

• Automotive• Biotechnology• Education• Energy• Entertainment• Financial services

• Food/beverage• Health care• Hospitality• Law firms• Manufacturing• Media

• Medical devices/equipment• Not-for-profit• Pharmaceutical• Professional services• Publishing• Real estate

• Retail• Sports• Technology• Telecommunications• Tobacco• Transportation

results

our clients include

• Amgen Inc.• AMN Healthcare• Bank of America• Bodega Latina Corporation• California Institute of Technology

• Creative Artists Agency• Deluxe Laboratories• EY• The GRAMMY Organizations

(NARAS)• Healthcare Services Group

• Honda North America• Hyatt Hotels• Jet Propulsion Laboratory• McDonald’s Corp.• National Basketball Association

• Paramount Pictures Corp.• Ready Pac Foods• Retail Litigation Center• Swissport USA Inc.• Twentieth Century Fox Studios

representative matterscreative consolidation settles three class actions• Issue:We represented a leading service provider to U.S. and Canadian nursing homes in three class actions, twoof which were removed to federal court under the Class Action Fairness Act (CAFA). One of the plaintiffs moved toremand his case to state court and argued that since he pled class claims of less than $5 million, CAFA did notconfer jurisdiction over his case. The court granted the motion and we appealed the decision to the Ninth Circuit.Our appeal was granted, and the decision to remand was reversed.

• Resolution:While the Ninth Circuit case was pending, we engaged in settlement discussions with the plaintiffs inthe two other cases and reached a tentative agreement. We used this agreement to leverage the participation of thethird plaintiff (who had raised claims that partially overlapped with the other two cases), and successfully settled allthree cases early in the litigation for a reasonable amount.

strong defense leads to high-value result in non-compete case • Issue:We represented a prominent sports agency and a National Basketball Players Association-certified playeragent in hard-fought non-compete and trade secret litigation. The agent, a California resident, resigned hisemployment with a sports agency based in another state in order to commence employment with our client. Theagent’s contract with his former employer contained post-employment non-compete provisions that purported torestrict his ability to compete against his former employer.

• Resolution: On the same day the agent resigned, we filed a declaratory relief action on his behalf in federal court.The agent sought a determination that the non-compete provisions in the contract were void and unenforceableunder California law. Within days of the initial filing, we filed a second complaint on behalf of the agent against hisformer employer, alleging that it had hacked into the agent’s personal email account and defamed him in an effort to retain its clients. The former employer filed counterclaims against the agent and the new employer allegingmisappropriation of trade secrets, defamation and other claims. The judge granted our client’s motion for summaryjudgment. In a subsequent jury trial, the agent obtained a verdict in his favor against his former employer. At theconclusion of the case, the judge agreed with our client that the other side’s claim for misappropriation of tradesecrets was brought in bad faith, and granted our request for recovery of costs and attorney’s fees.

effective strategy execution defeats labor organizing campaign• Issue:We represented the world’s largest printer when it was faced with a global corporate campaign, orchestratedby a U.S. labor organization and foreign labor-affiliated organizations.

• Resolution:We were lead outside counsel in the development and implementation of a strategy to defend againstattacks across the U.S. and in numerous other countries. After three years of near-constant attacks, the campaignwas resolved with a total victory for the client.

always here to help

Our California Labor & Employment Law Group proactively updates clients on the latest developments and trends. We offer a number of ways to share our thoughts:

• Blogs- California Employment Law Update- Labor Relations Update

• Newsletters- California Employment Law Notes

• On-demand videos

• Task forces on specific issues of the day

To find out more about the California Labor & Employment Law Group, please visit us at www.proskauer.com/practicesor call us at 310.557.2900. To subscribe to our publications, please go to www.proskauer.com/publications and clickon “Subscribe to Proskauer Publications.”

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22705 - MAY 2014