Other Services

Diversity, Equity, and Inclusion

Diversity, Equity, and Inclusion (“DEI”) is the new frontier for employers wanting to improve workplace culture. At its best, an effective DEI program can boost employee morale, improve retention and recruitment, and even increase efficiency. But, a poorly executed program can polarize your workforce and lead to violations of equal employment opportunity laws, especially after the U.S. Supreme Court’s 2023 college admission decisions. 

We offer customized, attorney-led DEI consulting that balances your business interests and legal obligations. Unlike many prepackaged consulting and training services, we create a tailored proposal for your budget and unique workforce. Depending on your needs, our services may include training, audits, coaching, and policy development. We provide our clients with practical, legally-compliant strategies they can put to use right away.

Collaborative Conflict Resolution and Employee Relationship Repair

Workplace conflict is inevitable at any level of an organization. When it’s not effectively addressed, resentment and disputes among employees can lead to divisiveness, toxic workplace culture, ineffective teams, loss of leadership, and turnover.  But you don’t need to let disputes and drama define your workplace.

Our team is trained in mediation and conflict resolution tools that will allow your employees to repair their working relationships, rediscover their shared perspectives, and move forward.  Our nearly two decades of experience with thousands of employers nationwide means we understand how employment disputes develop and spin out of control.  In addition to facilitating solutions, we use our legal expertise to spot potential liability issues, including EEO problems that may still be in early stages.  And, we are certified in Diversity, Equity, and Inclusion to add another dimension of expertise in solving workplace culture problems.

We believe resolving conflicts at early stages can help keep employers out of court, ensure you keep your top team members, and maintain a great working environment to attract new talent.  We offer a number of tailored services, including:

• Employee-to-Employee Mediation.  Our team can act as a neutral third party to help resolve problems between employees at all levels of your organization.  We are trained in mediation strategies approved by courts, and draw from our years of experience to help pinpoint the problem and facilitate solutions that work for everyone
• Post-Investigation Solutions.  After an investigation is complete, complainants and witnesses often feel lingering tension and resentment.  Our team can help yours move on and move forward by repairing damaged relationships
• Culture Audits.  When toxic culture develops among teams, we act as a neutral facilitator to observe dynamics, interview employees, and facilitate a group reset
• Conflict Resolution Training.  We train managers and supervisors seeking to apply conflict resolution skills effectively on a day-to-day basis with their own teams

Workplace conflict is inevitable. To effectively address it, though, employers must think outside the box. Our team is trained in using the mediation and conflict resolution tools necessary to drive a collaborative and productive work environment. Through our almost two decades of work with thousands of employers throughout the country, we have figured out what works and what doesn’t.

Resolving conflicts at early stages can help keep employers out of court, promote healthy a workplace culture, and improve retention.  We offer a number of tailored services aimed at resolving differences in your unique workplace, including:

• Mediating Workplace Differences.  Our team can act as a neutral third party to help resolve problems between employees at all levels of your organization.  We are trained in mediation strategies approved by courts, and draw from our years of experience to help pinpoint the problem and find solutions that work for everyone
• Post-Investigation Solutions.  After an investigation is complete, complainants and witnesses often feel lingering tension and resentment.  Our team can help yours move on and move forward
• Small Group and 1:1 Management Training.  We can train managers and supervisors seeking to apply conflict resolution skills effectively on a day-to-day basis with their own team.  Our trainings are tailored to your workplace and the specific reoccurring issues you need to resolve

Title IX Hearing Assistance 

Federally funded colleges and universities are responsible for complying with Title IX, which prohibits sexual harassment in all educational programs and activities, including discrimination, assault, domestic violence, and stalking.  Title IX requires an effective process to respond to complaints in a manner that respect the rights of all parties, which includes a prompt, thorough, and fair investigation of the allegations, and a fair and impartial hearing where parties are represented by an advisor. 

Our certified Title IX attorneys assist colleges and universities as: 

• Hearing officers 
• Independent investigators 
• Party advisors 

Expert Witness Testimony

Because our attorneys have decades of collective experience providing high-quality employment law representation, published hundreds of articles on substantive workplace issues, trained lawyers and others on a variety of subjects, and litigated hundreds of matters before courts, agencies, and arbitrators, we are ideal expert witnesses. 

We offer retained and trial expert opinions on any of the following subjects: 

• Adequacy of workplace investigations
• Adequacy of an employer’s discrimination, harassment, and retaliation (EEO) prevention and correction policies and practices 
• Interactive process and disability accommodation evaluation 
• Leave of absence policies and practices 
• Wage and hour policies and practices
• Employee handbook and personnel manual assessment 
• Human resources policies and practices regarding employee discipline and termination 
• Negligent hiring, retention, and supervision issues 
• Course and scope of employment issues 
• Pre-employment testing 
• Pay discrimination 
• Legal malpractice and standard of care in employment law matters 
• Attorney’s fees motions 
• Skelly risk analysis 

We offer retained and trial expert opinions on any of the following subjects: 

• Adequacy of workplace investigations
• Adequacy of an employer’s discrimination, harassment, and retaliation (EEO) prevention and correction policies and practices 
• Interactive process and disability accommodation evaluation 
• Leave of absence policies and practices 
• Wage and hour policies and practices
• Employee handbook and personnel manual assessment 
• Human resources policies and practices regarding employee discipline and termination 
• Negligent hiring, retention, and supervision issues 
• Course and scope of employment issues 
• Pre-employment testing 
• Pay discrimination 
• Legal malpractice and standard of care in employment law matters 
• Attorney’s fees motions 
• Skelly risk analysis 

Administrative Agency Representation 

California and federal administrative agencies investigate a variety of claims, and conduct inspections and audits of our clients’ practices. We represent clients before the federal Equal Employment Opportunity Commission, Department of Fair Employment and Housing, Labor Commissioner, and other agencies. 

We regularly help clients with: 

• Position statements in response to agency complaints 
• Representation at informal conferences and hearings 
• Defense against agency audits 
• Public agency disciplinary proceedings 
• Mediation and settlement 

Compliance Audits 

Our breadth of employment law knowledge allows us to develop and conduct customized workplace audits on subjects such as:

• Culture work/environment 
• Wage-hour compliance 
• Leave of absence compliance 
• Preparation for and response to agency investigations 
• Personnel files 
• Posters and recordkeeping 
• Litigation vulnerability assessments 
• “PAGA” claim evaluation 
• I-9 audits

 We offer several cost-effective audit options based on the client’s level of involvement in gathering and analyzing data. Avoiding one legal claim will more than pay for an audit, and, if done correctly, the audit results are privileged and confidential. 

Our breadth of employment law knowledge allows us to develop and conduct customized workplace audits on subjects such as: 

Culture work/environment 
• Wage-hour compliance 
• Leave of absence compliance 
• Preparation for and response to agency investigations 
• Personnel files 
• Posters and recordkeeping 
• Litigation vulnerability assessments 
• “PAGA” claim evaluation 
• I-9 audits

 We offer several cost-effective audit options based on the client’s level of involvement in gathering and analyzing data. Avoiding one legal claim will more than pay for an audit, and, if done correctly, the audit results are privileged and confidential. 

Audit Remediation

In addition to helping our clients identify potential legal liabilities and opportunity areas in the audit process, we partner with them to find real world solutions through the audit remediation process.  Our remediation services are customized based on our clients’ needs and may include:

• Prioritizing remediation steps
• Developing/facilitating an audit remediation plan
• Acting as a project manager for implementing a plan and meeting plan goals
• Preparing new policies, procedures, forms, and related documents
• Analyzing vendor processes and/or documents, like payroll rate calculations and wage statements, and background check provider forms
• Strategically implementing necessary changes while considering retention, employee relations, and potential liabilities

Litigation Monitoring and Support

Our lawyers have decades of collective experience managing and defending employment claims. We can help make sense of the litigation process and provide independent litigation assessment. We also assess outside counsel’s performance to ensure your organization receives the best possible representation, including EPLI counsel. Services we provide in this area include: 

• Billing analysis 
• Liaison to and oversight of outside litigation attorneys
• Review of motion papers, discovery, depositions 
• Summary judgment assessment 
• Mediation assistance 
• Trial themes and preparation 

Our lawyers have decades of collective experience managing and defending employment claims. We can help make sense of the litigation process and provide independent litigation assessment. We also assess outside counsel’s performance to ensure your organization receives the best possible representation, including EPLI counsel. Services we provide in this area include: 

• Billing analysis 
• Liaison to and oversight of outside litigation attorneys
• Review of motion papers, discovery, depositions 
• Summary judgment assessment 
• Mediation assistance 
• Trial themes and preparation