EMPLOYMENT LITIGATION
Employment litigation is a broad term that covers various types of adversarial proceedings involving employment law issues. We represent clients in various types of employment litigation in state and federal courts and administrative proceedings.
SINGLE & MULTI-PLAINTIFF EMPLOYMENT LITIGATION
A lawsuit brought by one employee (current or former) against an employer is referred to as single-plaintiff litigation. A lawsuit brought by more than one employee (current or former) is referred as to as multi-plaintiff litigation.
EMPLOYMENT CLASS ACTIONS
A lawsuit brought against an employer by one employee who is suing on behalf of himself/herself, and on behalf of a group of other employees similarly situated, is referred to as class action. In California, the most common type of employment class action involves wage and hour issues (often called a “wage-and-hour class action”).
Similar to a class action, an employee in California can also bring a “representative” action known as a “PAGA” action in which the employee sues for civil penalties. PAGA stands for the Private Attorneys General Act of 2004, Labor Code ยงยง 2698 et seq. In a PAGA action, the employee may sue on behalf of himself/herself and other employees.
APPEALS
An employer who receives an adverse ruling in a trial court can appeal the decision to an appellate court. Appeals can be pursued all the way to the California Supreme Court (the highest court in the California court system) and the U.S. Supreme Court (the highest court in the federal court system).
ADMINISTRATIVE PROCEEDINGS
Two common types of administrative proceedings in the employment arena are proceedings before the California Labor Commissioner (involving wage-and-hour issues) and proceedings before the California Department of Fair Employment/U.S. Equal Employment Opportunity Commission (involving discrimination, harassment or retaliation issues). In addition, the employment authorities may also conduct regulatory audits of an employer.
DISPUTE RESOLUTION
All forms of employment litigation mentioned above can be resolved through some type of dispute resolution mechanism. From negotiation, to mediation, to arbitration, there are various ways to resolve an employment matter before it proceeds through all stages of the adversarial or administrative process.