employment litigation & counseling

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Our department’s attorneys spend 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.

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 on-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.

Spotlight

Among the many things that keep employers up at night, labor and employment matters are ranked very high on that list. FLSA, Title VII, ADEA, ADA, EEOC, HIPAA, FMLA, FEHA, CFRA, WARN, OSHA, FCRA, NLRA, LMRA . . . it is impossible to avoid the current alphabet soup of labor and employment laws when running a business of any size. Enforceability of non-competes, the influence and impact of social media on labor relations, the far-reaching implications of the National Labor Relations Act, the effects of equal pay legislation, the legalization of medical marijuana, the application of uncertain reasonable accommodation standards, the threat of cybersecurity risks . . . navigating the labyrinth and complexity of the ever-changing rules in the face of an increasingly litigious atmosphere unwittingly exposes your enterprise to civil fines, criminal penalties, costly lawsuits, and reputational damage.

With a long-standing reputation for unparalleled counsel and with attorneys in our Los Angeles and New York offices who specialize in this extensively-regulated area (including on matters involving traditional labor, class actions and immigration), MSK shares its comprehensive knowledge with the nation’s largest and most recognizable companies. From successfully defending against high-stakes labor and employment litigation in court and arbitration, to providing practical advice to Human Resources personnel, to reaching favorable settlements in class action litigation, to handling organizing campaigns, collective bargaining and the relationships between employers, unions and employees, MSK works diligently, thoroughly, and efficiently as a trusted Labor and Employment advisor so that companies and their executives can successfully navigate the legal and regulatory spectrum facing employers and can remain focused on other strategic imperatives for their businesses.

Cases

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.

Defended multiple major television production studios and networks in, and successfully resolved, a series of precedent-setting nationwide class actions alleging age discrimination in the hiring of television writers.
Defended multiple major television networks and production companies, and successfully resolved, two class actions filed by writers and producers on more than a dozen reality television shows alleging misclassification as exempt employees.
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.