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LABOR & EMPLOYMENT |
Labor & Employment Attorneys:
- William L. Cole, Chair
- Larry C. Drapkin, Chair
- Anthony J. Amendola
- Taylor S. Ball
- Jorja A. Cirigliana
- Robyn Cohen
- Tracy Cox
- Lucia E. Coyoca
- Lawrence A. Ginsberg
- Samantha C. Grant
- Nicole M. Herter
- Hayward J. Kaiser
- Jolene Konnersman
- Adam Levin
- Emma Luevano
- Lawrence A. Michaels
- Steven M. Schneider
- Julianne M. Scott
- Suzanne M. Steinke
- Brett Thomas
- Veronica T. von Grabow
- Aaron M. Wais
- Mark A. Wasserman
- Sarah Taylor Wirtz
- Jennifer A. Zimbroff
Our department’s 26 attorneys spend 100 percent of their time as full-service management-side employment counsel, providing both traditional labor law and employment law services. Our comprehensive knowledge of the extensively regulated employment relationship fosters practical advice in planning, compliance, and human resources problem solving.
In addition to representing clients in state and federal courts, in collective bargaining, and before a wide variety of administrative agencies, our labor and employment attorneys assist clients in anticipating and resolving issues arising in mergers and acquisitions and related business transactions.
CORE SERVICES
Labor Law
Union Avoidance: Hearings before the NLRB on union elections and guidance throughout the entire election process.
Managing Union Relations: Advice on corporate structures to promote corporate labor strategies, responding to and defending NLRB unfair labor practice charges, handling labor grievances and conducting labor arbitrations.
Collective Bargaining: Serving as chief spokesperson in collective bargaining negotiations and/or providing advice regarding the negotiation process.
Labor Litigation: Defend actions arising under the Labor Management Relations Act and other federal labor laws.
Managing Labor Disputes: Guiding clients through strikes and other labor disputes, including seeking injunctions in court.
Managing Corporate Change: Advice on labor law issues in connection with mergers, acquisitions, and restructuring in union-represented workplaces.
Employment Law
Litigation: Represent employers in single plaintiff, multi-plaintiff and class action lawsuits, in both state and federal court, including employment discrimination, harassment, retaliation, failure to accommodate, leave of absence, wage and hour (including misclassification, meal and rest period, recordkeeping and related claims), wrongful termination, breach of contract, trade secret, unfair competition, tort and other employment claims.
Advice, Drafting and Training: Advise employers regarding legal compliance, reorganizations, discipline and discharge, workplace safety and other difficult human resource issues. Conduct training on all areas of employment law, including sexual harassment avoidance, discrimination law, legal compliance, leave of absence administration and best practices. Draft executive employment agreements, personnel policies and procedures, arbitration, confidentiality and non-disclosure agreements and other employment documents.
Alternative Dispute Resolution: Guidance and counsel, both at the prelitigation stage and as a method of resolving pending litigation when such methods are in the client’s best interest.
Representative Labor Law Matters 
Regularly represent the entertainment industry collectively through the Alliance of Motion Picture and Television Producers (AMPTP) in high profile and high stakes arbitrations under the various Guild and union contracts. For example, we successfully represented two motion picture studios in an arbitration establishing the right to use clips from pre-1960 motion pictures without first bargaining with the performers appearing in the clips. The Screen Actors Guild had claimed that under the SAG theatrical and television agreements, such clips could not be used without first bargaining with the performers.
In an arbitration handled on behalf of the entertainment industry through the AMPTP, we successfully represented three major studios in an arbitration in which SAG, the WGA and the DGA asserted that the method by which those companies paid residuals on videocassettes and DVD’s sold in foreign markets through unaffiliated subdistributors understated the residuals due by a very significant amount. After prevailing in the arbitration, we were able to negotiate a settlement on behalf of the remaining studios which had over-reported by paying in the manner which the Guilds contended was correct so that they were able to recoup significant portions of their overpayments.
Represented Public Broadcasting Service, several public television stations, and producers in national labor negotiations with the American Federation of Television and Radio Artists, the Writers Guild of America, and the American Federation of Musicians.
Represented a major cable television network in an extensive high profile government investigation involving alleged child labor law violations committed during the filming of a hit reality TV show. The case raised questions regarding how child "stars" on reality shows are compensated and whether, and how much, they are subject to direction and control during filming. We were able to successfully resolve the case, which could have resulted in criminal prosecution, with no such action taken.
Successfully represented all of the major studios and networks in a closely watched arbitration against WGA in which it was determined that a portion of the 2008 New Media deal is not retroactive.
Represented major motion picture and television producer in several industry-wide arbitrations with Screen Actors Guild, Writers Guild of America, Directors Guild, and IATSE.
Successfully argued before the National Labor Relations Board (NLRB) to set aside a recent election at a major medical center due to a Union’s election misconduct. In the face of anonymous phone threats to a medical center employee, we argued that anonymous threats were more menacing than if the callers could be identified. The NLRB, in a unanimous panel decision, agreed and in a rare occurrence set aside the election.
Represented Intermountain Power Service Corporation, one of the country's largest coal burning power plants, in collective bargaining negotiations, arbitrations and NLRB proceedings.
Represented a large national garment retailer in fending off a major corporate campaign instituted by UNITE, including defending numerous unfair labor practices claims, ultimately resulting in the union abandoning its campaign.
Represented a major U.S. beer manufacturer in negotiations with the Teamsters Union.
Guided several medical centers through union organizing campaigns.
Consulted with a number of local governments and agencies, including the Department of Water and Power, to help resolve union-driven conflicts.
Represented the producer of "America's Next Top Model" in a series of NLRB proceedings against the Writers Guild, successfully preventing the Guild from organizing employees in the reality television field.
Successfully represented NBC Universal in a major Writers Guild arbitration to establish the right to establish terms and conditions of employment for writers of "webisodes" for the internet by dealing directly with writers instead of negotiating with the Writers Guild.
Represent the major motion picture and television industry's alcohol and controlled substance testing program, including advice and claims defense.
Regularly represent clients in labor arbitrations over discharge, discipline, and contract interpretation issues among others.
Representative Employment Law Matters 
Successfully represented Warner Bros. Television Production, an independent production company and several individual writers in a high-profile, wrongful termination and harassment suit brought by a former writer’s assistant for the hit TV show "Friends." After obtaining summary judgment and an award of $415,000 in attorneys’ fees for our clients, argued the case of Lyle v. Warner Bros. Television Production before the California Supreme Court, resulting in a landmark, unanimous decision in favor of our clients.
Currently represent major studios and television networks in age discrimination claims brought by writers asserting that industry hiring practices violate the California Fair Employment Housing Act.
Currently represent four major television networks and production companies in two class actions filed by writers and other employees who worked on more than a dozen television reality shows alleging unpaid overtime and meal periods.
Successfully represented 10 major motion picture studios and TV networks in class actions alleging that hundreds of thousands of workers were not timely paid wages. Includes claims for waiting time penalties and claims under California Business & Professions Code § 17200.
Recently obtained dismissal of a class action suit against a major motion picture studio that alleged race and national origin discrimination.
Recently removed to federal court and obtained dismissal of wrongful termination action brought against producers of a hit television program.
Recently represented one of the world’s largest beer manufacturers, Anheuser-Busch, in a wage and hour class action.
Provided litigation/mediation counsel to Tidewater Marine Western, Inc., in a wage and hour class action, efficiently closing a matter for our client that had been in litigation for ten years with prior counsel.
Recently represented a large, national garment retailer in two wage and hour class actions in California.
Recently represented the world's largest bottling company in five wage and hour class actions.
Regularly represent clients in single plaintiff employment discrimination, retaliation, and harassment cases in arbitration or in court.
Related Practice Areas
News
- Grant Honored as One of the "Most Powerful and Influential Women of California" by California Diversity Council
Samantha Grant, a partner in the Labor & Employment Practice at Mitchell Silberberg & Knupp (MS&K), was among the recipients of the 2012 award for the "Most Powerful and Influential Women of California" presented by the California Diversity Council in conjunction with the 3rd Annual California Diversity & Leadership Conference.
- Schneider Discusses Nosal Implications With SHRM
Labor & Employment Partner Steve Schneider was quoted in a December 26 posting by the Society for Human Resources Management (SHRM) regarding the recent oral argument before the 9th Circuit challenging the Court's reversal of USA v. Nosal which concerned employees accessing company computers for the purpose of obtaining information used in helping them start a competing business.
- U.S. News & World Report Recognizes MS&K In 2011-2012 "Best Law Firms" Rankings
In its second annual Best Law Firms rankings, U.S. News ~ Best Lawyers ranked MS&K nationally in Tier 1 for Entertainment, Motion Pictures & Television & Music, in Tier 2 for Copyright Law and Employment Law (management), and in Tier 3 for Labor Law (management), Intellectual Property Litigation, and Trusts & Estates Law.
- » All Related News
MS&K Alerts
- Just When You Thought It Was Safe To Go Back In The Water… NLRB’s Decision In D.R. Horton, Inc. Sinks Employer’s Hopes Of Stopping The Class Action Flood, Mitchell Silberberg & Knupp Labor & Employment Alert (February 2012)
by Taylor S. Ball
In April 2011, when the United States Supreme Court issued its decision in AT&T Mobility v. Concepcion, the employer community was cautiously optimistic that the holding could provide legal support for upholding class action waivers in employee arbitration agreements, which in turn could have potentially put an end to wage and hour and other class actions against employers that included such waivers in their arbitration agreements. - U.S. Employers Should Prepare for On-Site Visits by USCIS, Mitchell Silberberg & Knupp Immigration Alert (February 2012)
By Frida P. Glucoft and Janice K. Luo
The U.S. Citizenship and Immigration Services has increased its antifraud staff with contractor inspectors to perform thousands of on-site visits to U.S. companies that employ H-1B and L-1 foreign workers. These on-site inspections illustrate the U.S. Department of Homeland Security’s new attitude and enforcement efforts focusing on employer prosecution for noncompliance with U.S. immigration laws. These visits are performed by the USCIS Fraud Detection and National Security (FDNS) unit funded by the mandatory antifraud fee of $500 that U.S. Employers must pay the USCIS when filing H-1B and L-1 visa petitions for temporary foreign workers. These ongoing USCIS visits to H-1B and L-1 employer sites occur regardless of whether the employers are large well-known corporations and nonprofit institutions or smaller companies. - DLSE Issues Revised FAQs Regarding Required Wage Notice, Mitchell Silberberg & Knupp Labor & Employment Alert (January 2012)
by Anthony J. Amendola and Jorja A. Cirigliana
The California Wage Theft Prevention Act (WTPA), which became effective on January 1, 2012, requires private-sector employers to provide a written wage notice “at the time of hiring” to nonexempt employees (excluding most employees who are covered by a collective bargaining agreement.). The notice must contain specific information identified by the legislature, as well as other information deemed “material and necessary” by the Labor Commissioner (DLSE). - » All Related MS&K Alerts
Publications
- Background Check: Avoiding the pitfalls that come with conducting a background check (February 2012)
- Parents Have Rights (January 2012)
- Absent With Leave (January 2012)
- » All Related Publications










