Los Angeles, CA's Specialized Employer Attorneys
Many laws exist to protect workers and laborers, with the unfortunate side effect that employers are sometimes underrepresented. If an employee or other individual makes an accusation against your company or management, you have the right to defend your business with the help of an employer attorney.
Mohajerian Law Corp. is a defense firm, located in Los Angeles, CA. The firm represents management and corporate clients only. Our attorneys have over 20 years of experience representing corporate clients in labor and employment disputes, so you can trust us to handle your case professionally and efficiently.
When you hire us, we advise you on various federal and state labor and employment laws and what you can do to protect your company's interests. We can also draft various legal documents, manuals and contracts, for your company to help you reduce exposure to future litigation. A clear contract with your employees makes them aware of your expectations and provides protective documentation during a lawsuit or court case.
We provide legal services in the following areas:
- Litigation, defending management and corporate clients in state and federal courts in all types of employment related matters, including wrongful termination, sexual harassment and employment discrimination
- Wage and Hour and Fair Labor Standards Act (FLSA) compliance
- Investigations of harassment claims
- Employee policy manuals
- Americans with Disabilities Act (ADA)
- Trade secrets protection/Non-competes
- Class action defense
- Employment discrimination, civil rights, sexual harassment claims
- Occupational Safety and Health Administration (OSHA) cases
- Employee Retirement Income Security Act (ERISA) cases
- Unemployment compensation
- Employment and non-compete agreements for employees
- Collective bargaining and union prevention
- EEOC (federal Equal Employment Commission) investigations
- FMLA (Family and Medical Leave Act)
Based upon years of experience handling labor and employment matters we have developed a practice that leads to efficient, cost-effective defense of employers. Our Litigation Practice includes:
- Budget and monthly updates
- Litigation risk analysis
- Action plans that outlines how the case will be defended
- Cost-effective discovery
- Creative use of alternative dispute resolution (ADR)
We can respond quickly and effectively to virtually any labor problem and craft state-of-the-art answers to complex issues. We design our strategies to meet the distinct needs of our clients, never losing sight of their business goals, philosophies and best interests.
As part of our preventive practice, we help employers to comply with equal employment opportunity laws and take precautionary measures to deter litigation. We frequently
- assist employers in developing legally compliant policies,
- counsel employers on employment-related decisions,
- review employment policies,
- provide audit services to employers to proactively assess and correct problematic practices, and
- perform disparate impact analyses to ensure that employment decisions do not adversely affect a protected group.
Because litigation is something clients want to avoid, we strive to create appropriate personnel procedures and provide training in hiring, promotion, discrimination sensitivity, progressive discipline, termination, documentation, and exit interviewing. This can help a company prevent costly and disruptive employment labor claims later.
Mohajerian Law Corp., is well-versed in the more traditional employment issues such as breach of contract, trade secrets, antitrust, unfair competition, non-compete agreements, wage and hour litigation, and tortious or intentional interference with business relations.
We represent a variety of clients on matters relating to qualified and non-qualified deferred compensation plans, including: Defined benefit plans, including cash balance plans;
- 401(k) plans;
- Employee Stock Ownership Plans (ESOPs);
- Profit-sharing plans, including cross-tested and age-weighted plans;
- Section 125 cafeteria plans, including medical reimbursement and dependent care assistance reimbursement plans;
- Self-insured medical and other welfare benefit plans, and the vehicles used for funding such obligations such as 401(h) retiree medical accounts in defined benefit plans and voluntary employees' beneficiary associations (VEBAs);
- Employee stock purchase plans (ESPPs).
In the executive compensation arena, we advise and prepare: Employment agreements; Equity-based incentive plans including non-qualified stock options (NQSOs), incentive stock option plans (ISOs), stock appreciation rights (SARs), phantom stock, and restricted stock plans; Performance-based incentive plans including annual bonus, performance unit, and performance share plans; Benefit-related plans including non-qualified deferred compensation plans, excess benefit plans, supplemental executive retirement plans (SERPs), 457(f) plans, and executive split dollar and other carve out arrangements; and funding arrangements such as rabbi trusts, corporate-owned life insurance (COLI), and other security arrangements.
Wage and Hour
Wage and hour disputes have become the most common source of liability facing employers. All aspects of employee compensation have become the target of class and individual actions in both state and federal courts. Ongoing changes in federal regulations and expanding state regulations add to the compliance challenges facing employers in California. Only well-represented employers can effectively meet what are otherwise burdensome disruptions in time, budgets and labor relations arising from wage and hour litigation and compliance issues. We have meaningful experience in defending every type of wage and hour claim, before the labor department or State and Federal courts, ranging from unpaid overtime, off-the-clock work, employee misclassification, and missed meal and rest period issues, to improper deductions from paychecks and pay stub issues. We assist employers to recognize and address potential violations that could result in penalties or litigation. We provide employers with the assistance needed to ensure compliance before litigation commences. We offer employers proactive advice needed to comply with wage and hour laws.
Wage and Hour Payroll Audits
Our payroll audit defense attorneys represent clients in investigations and audits conducted by EDD, United States Department of Labor (DOL) and state labor departments (DSLE). Due to our substantial experience working with both federal and state labor officials, we are well positioned to counsel clients on what to expect during an audit. We are able to identify wage and hour compliance issues to help minimize our clients’ exposure to liability and penalties. We defend clients in audits conducted by DSLE, EDD and DOL in every industry, including manufacturing, construction, energy, financial services, hospitality, health care, insurance, restaurant, retail, transportation, technology, and telecommunications. We have defended clients before the labor boards for over 20 years.
The most challenging aspect of any audit is not identifying legal issues; it is identifying practical and legal solutions. We have substantial experience in fashioning creative, cost-efficient, and practical remedies to legal and personnel issues uncovered during an audit. Typically in these audits, either the classification of the worker is in dispute which will trigger penalties and tax liabilities or underpayment of employees for waiting time and breaks. If you are being audited, you're entitled to legal counsel. You're best not to incriminate yourself and to contact our office immediately before saying things to the investigator that may be used against you
Wage and Hour Litigation
Mohajerian Law Corp., provides aggressive representation in wage and hour disputes and counsels employers on reducing future litigation risks. We have vast experience in defending Fair Labor Standards Act collective actions and state-law-based wage and hour class actions. We have successfully defended employers in court and before DOL in the full range of wage and hour disputes, including claims for alleged misclassification of exempt employees, meal and rest period violations, off-the-clock work, vacation plan violations, and travel and commuting time violations. We defend employers before the EEOC and other EEO agencies. We understand the agency’s perspective during an initial investigation of an EEOC charge. We monitor EEOC, court filings and court opinions to best advise our clients of recent EEOC developments.
Discrimination and Harassment
We counsel employers on complying with equal employment opportunity laws. We defend employers in discrimination, harassment and retaliation lawsuits in state and federal courts. We represent clients on federal and state equal employment opportunity (EEO) laws and the nuanced issues that arise under them. If your company has been accused of condoning sexual harassment or providing hostile work environment, you should contact our defense attorneys immediately. You should maintain your records and gather your files for evidentiary purposes. Our sexual harassment defense attorneys are experts in defending against these charges. Same goes on whistleblowing cases. If you receive a demand letter from plaintiff or counsel, contact our office immediately. Sexual harassment accusations and whistleblowing lawsuits are very complex and require expert defense counsel to assist you with strategy and defense against these claims.
We assist clients with winning NLRB elections or in averting union elections altogether. We also assist clients in conducting successful union negotiations. Using remedies available through the NLRB and the courts, we prepare clients for strikes, picketing and boycotting activity. We assist our clients in responding to grievances and handling grievances in arbitration. Collective bargaining agreements establish wages, hours, promotions, benefits, and other employment terms, as well as procedures for handling disputes arising under the negotiated employment terms and conditions. As employers face economic challenges, negotiating wage and benefits issues with unions can sometimes become difficult. The tools to a successful negotiation are developing bargaining goals and preparing bargaining proposals, developing and implementing bargaining strategies.
Class Actions Litigation
Successful class action strategies must aim at success. Our class action attorneys are experts in the field. The pivotal stage in most cases is class certification, where plaintiffs must prove that their allegations apply to an entire class. Plaintiffs generally rely on statistics and surveys, frequently provided through expert testimony, to make their case. Our primary goal is to demonstrate that the plaintiffs’ claims are actually disparate and should not proceed as a class action. Our class action defense attorneys confront plaintiffs’ expert and statistical evidence and develop affirmative evidence addressing Rule 23 or 216(b) certification. We represent employers and the management side only. Employers need smart and sophisticated class action litigation attorneys to defend against these cases. Our employment class action litigation attorneys are experienced and work efficiently for best results. Wage and hour class action lawsuits are increasing in California. Claims under Private Attorney General Act (PAGA) are typically inserted in the class action lawsuits. Class action attorneys require certain experience and skill to assist with the defense of these cases. Our class action defense lawyers have the experience you need.
We work with our employers to manage any labor issue. From hiring to termination, employers are at risk for any missteps that could lead to litigation or other labor or criminal charges. When employers do need to hire additional workers, they have decisions to make about whom and how they want to hire. We work with employers to draft and review appropriate applications and offer opinion letters. We work with employers to train managers and others who will be conducting interviews to ensure that all questions asked are lawful and elicit the information needed to place the right person in the right position. We also work with human resources and provide assistance. We help employers protect themselves by developing and reviewing employment applications and background check procedures and training people to use proper interview and hiring techniques. Many companies perform evaluations of their employees. Issues can often arise when employers provide incomplete or inaccurate reviews of an employee’s performance. We work with employers to train supervisors on how to conduct evaluations fairly, consistently, lawfully, and in a timely manner. Performance evaluations need to be documented, as do incidents of employee misbehavior and concerns. If an employee’s performance is lacking or demonstrates inappropriate behavior in the workplace, employers need to document the incident to prevent later denial of the event, create a record of the problem, use the documentation to record patterns of unacceptable behavior and minimize misunderstandings in the future. We offer training to help employers determine how to document effectively gives them the tools they need to keep accurate records as a potential affirmative defense. Eventually, an employee may need to be terminated because of performance problems or other legitimate business justifications. Prior to the termination, there are steps employers should take to protect themselves from potential claims of wrongful termination. An employee’s performance evaluations and documentation should be reviewed, as well as any compliance issues the employee may have had with company policies. Employers may desire to offer verbal counseling, training, and verbal and written warnings where appropriate prior to the termination. We work with employers to guide them through the termination process. This includes drafting severance agreements and releases of claims and working with employers to ensure they are prepared for any questions or problems that may arise during the termination process as well as ensuring compliance with post-termination legal obligations.
Worker's Compensation Defense
If there was a gap in your WC insurance, you're going to have the defend the WC claim on your own. We can help. We have litigated before the workers compensation board for over 20 years. Use our experience to your benefit. Our Worker's Compensation attorneys have the experience to assist you with the process. When there's no insurance, the uninsured fund will pay the claimant and will then sue the employer for indemnity. It is best that you defend the case to avoid an increased liability to the uninsured fund.