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Labor & Employment

If you have so far avoided the costly, time-consuming, and potentially devastating consequences associated with labor and employment claims in your construction business, then consider yourself lucky.  For most companies whose success depends on hiring part-time or full-time employees, it is almost certain that you will be required to defend yourself or your business eventually.  In employee-friendly California, that risk is 40% greater according to industry sources.  So there is no better time than right now to learn about Finch, Thornton & Baird, LLP’s Labor and Employment practice.

GETTING CLIENTS OUT OF TROUBLE.

From wage and hour disputes to job site monitoring conflicts to harassment and discrimination claims to union grievances and jurisdictional disputes, you want the right resources to handle the situation when trouble comes knocking.  In many cases, one of our tenacious attorneys with strong negotiating skills and well versed in current labor and employment law may be all that is needed to get everyone back to work.  Other cases call for the might and muscle that only a legal team with a track record of successful litigation experience in the highest courts can provide.  With Finch, Thornton & Baird on your side, rest assured you will be well represented whatever the case may be.

TAKE THE LEAP AND PROTECT YOUR BUSINESS. YOU’LL SLEEP BETTER.

Just as important as our ability to get clients out of a jam is our ability to help them avoid it — which is precisely why we developed our Labor and Employment Audit Practice (LEAP).  Through our systematic review of employee policies, handbooks, payroll self-audits, and more, Finch, Thornton & Baird helps companies increase their efficiency while preventing workplace compliance problems from occurring.  The process stands to save you money and aggravation down the road.

THE EXPERIENCE TO HIT THE GROUND RUNNING.

Decades of construction industry focus has uniquely prepared Finch, Thornton & Baird attorneys to address the complexities associated with the multiple job sites, subcontractors, wage rates, and meal and rest break issues common to construction projects.  More than likely, we have seen the situation your business is facing many times over.  So we are ready to step in and take immediate action on your behalf — thus saving you time and money.

Our expertise with Labor and Employment issues includes:

  • Resolution of disputes with the California labor commissioner and labor compliance programs, including debarment proceedings
  • Defense of employee discrimination, wrongful discharge, trade secret, and sexual harassment claims
  • Defense of Davis-Bacon and California prevailing wage actions, including apprenticeship issues
  • Revising and drafting employment policies, manuals, and handbooks
  • Collective bargaining negotiations and election campaigns
  • Reviewing and drafting employment contracts
  • Resolution of union jurisdictional disputes
  • Wage and hour compliance and litigation, including California and federal overtime and other actions, such as meal and rest break class actions
  • Prevention of secondary boycotts, picketing, and representation before the NLRB
  • Federal OSHA and Cal/OSHA matters
  • Workers’ compensation matters
  • Right to work litigation
  • Reviewing and drafting trade secret, non-solicitation, and related agreements
  • Preventative counseling on all aspects of employment issues

Firm Wins Oral Argument in Cal/OSHA Case at the Third District Court of Appeal in Sacramento

The firm handled oral argument before the Third District Court of Appeal in Sacramento, California…

Firm Wins Wage and Hour Trial in Superior Court After California Labor Commissioner Oversteps Its Authority

On March 28, 2022, the firm was victorious for a contractor client in San Diego…

Firm Wins Appeal Against New Mexico OSHA

General Contractor Client Saved From Controlling Employer Liability. In February 2016, a client was issued…

Firm Defeats Class Action Certification In Multi-Million Dollar Wage and Hour Case

Claim Involved Travel Time and Off-the-Clock Work On Construction Sites. In 2015, a firm client…

Complete Defense of a Serious OSHA Citation

A client was cited by California OSHA for three employees working in two separate aerial…

Prompt and Complete Defense of a Serious Nevada OSHA Citation

A client was cited by Nevada OSHA for a serious violation of a stairway standard…

Complete Defense Of Labor Code Section 98 Wage Claims At A California Labor Commissioner “Berman Hearing”

The firm represented TXL, Inc., an oil change business with operations in Brawley, California. The…

Defense Of Employment Disability Discrimination Lawsuit

The firm defended an international manufacturer of environmental and construction specialty products in an employment…

Complete Defense Of A Prevailing Wage Forfeiture Action

The firm represented a general contractor and its bonding company on a public works school…

Complete Defense Of OSHA Citation

The firm’s client, an electrical contractor on a commercial hotel renovation project, was cited by…

In The Matter Of The Request For Review of ASM Affiliates, Inc.

In the first case of its kind under the California prevailing wage law, the firm…

Complete Defense Of Prevailing Wage Claim Relating To Travel Time

The California Labor Commissioner issued a Civil Wage And Penalty Assessment (“CWPA”) against the firm’s…

Defense of Employee Discrimination Claim

The firm defended a contractor in an employment discrimination lawsuit filed by a former employee.…

Complete Defense Of Cal/OSHA Citations In A Fatal Workplace Accident

The firm represented a general contractor that received multiple Cal/OSHA citations following a fatal on-the-job…

Defense Of Employment Discrimination Lawsuit

The firm defended a contractor in an employment discrimination lawsuit filed by a former employee…

Defense Of Civil Wage And Penalty Assessment By The California Labor Commissioner (DLSE)

The firm’s subcontractor client was served with a massive Civil Wage and Penalty Assessment by…

Early And Efficient Dismissal Of Case Involving Independent Contractors

The firm represented a company in a case by independent contractors. The independent contractors alleged…

New Dimension Masonry, Inc.

In an administrative proceeding before the California Department Of Industrial Relations, the Division of Apprenticeship…

Erickson-Hall Construction Company v. San Diego Unified School District and Graham Champion

The firm recovered over $1 million on behalf of its general contractor client against the…

Defense of Civil Wage and Penalty Assessment By The California Labor Commissioner

The firm’s subcontractor client was served with a Civil Wage and Penalty Assessment by the…

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