Kahana Feld represents companies in all areas of labor and employment law from basic advice and legal compliance through litigation and appeals. We regularly appear in Federal and State courts, before administrative agencies such as the federal Equal Employment Opportunity Commission, the California Civil Rights Department, the California Department of Industrial Relations, and in private arbitrations. Kahana Feld also represents companies insured through employment practices liability insurance policies and Professional Employer Organizations. We partner closely with clients and their insurance carriers to provide broad, protective counsel that minimizes risk exposure, assures workplace compliance, and maximizes clients’ defenses. Our critical risk management solutions allow clients to focus on managing their businesses while we manage the details of their labor or employment problems. For both administrative and litigated matters, we formulate early and creative strategies to resolve disputes efficiently and expeditiously. When early resolution is impossible or impracticable, we try cases. We provide the following services to our clients:

• Defense of Federal and State-based wrongful termination, retaliation, harassment, discrimination, wage and hour, whistle blower, defamation, breach of contract, fraudulent inducement, and other similar claims brought by current and former employees;
• Assistance and guidance with respect to investigations conducted by the federal Equal Employment Opportunity Commission and the California Civil Rights Department, including the preparation of position statements, participation in agency-sponsored mediations, preparation of and responses to subpoenas, and participation in fact-finding hearings;
• Assistance and guidance with respect to harassment and workplace violence investigations;
• Development and preparation of employee policies and procedures designed to avoid employment claims and litigation;
• Auditing of payroll records and timecards to maximize compliance with ever-evolving wage and hour statutes and case law;
• Preparation of agreements regarding employment, compensation, severance, confidentiality/non-disclosure, and non-solicitation/non-competition;
• Preparation and updating of employee handbooks;
• Day-to-day assistance and guidance with respect to employee hiring, compensation and benefits, discipline, and termination issues, and leaves of absence and accommodation issues under the Family and Medical Leave Act, the California Family Rights Acts, the Americans with Disabilities Act, and other similar Federal and State laws;
• In-house training sessions for executives, supervisors, managers, and human resources professionals in various employment law and human resources topics; and
• Presentations on governmentally mandated workplace training, such as sexual harassment training.

Illustrative Results

• Secured complete defense award for construction company sued by former employee on claims of wrongful termination, disability discrimination, failure to engage in the interactive process and failure to accommodate disabilities, and obtained dismissal of appeal filed thereafter. (Los Angeles Superior Court Case No. 20STCV31194). 
• Secured complete defense award for health care center sued by former employee on claims of wrongful termination, national origin discrimination, and whistleblower retaliation. (Orange County Superior Court Case No. 30-2017-00950482).
• Secured complete defense award for health care center sued by former employee on wage and hour claims including those under the Private Attorney General Act of 2004. (Los Angeles Superior Court Case No. BC638963).
• Obtained summary judgment in favor of the client in a case where a former employee claimed that she was terminated because of her age. (Los Angeles County Superior Court Case No. BC490036).
• Obtained summary judgment in favor of the client in a case where a former employee raised claims under the Uniformed Services Employment and Reemployment Rights Act. (United States District Court, Central District of California Case No. CV 05-7183).
• Obtained summary judgment in favor of the client in a case where the former employee claimed that he was terminated because of his disability. (Los Angeles County Superior Court Case No. 20STCV09497).
• Obtained a temporary restraining order and permanent injunction against a former employee of the client and a competitor of the client, related to misappropriation of trade secrets and other acts of unfair competition. (San Diego County Superior Court Case No. 37-2008-00076440).
• Successfully defended numerous clients before the federal Equal Employment Opportunity Commission and the California Civil Rights Department.
• Successfully defended numerous clients before the federal Department of Labor, Wage and Hour Division and the California Department of Industrial Relations, Division of Labor Standards Enforcement.
• Secured workplace violence restraining orders on behalf of several clients related to threats of violence made by current or former employees