Practice Areas
“An ounce of prevention is worth a pound of cure”
Wage & Hour
Common Issues:
Unpaid Wages at Termination
Employee Classification: 1099 contractor versus W2 employee & salary-exempt versus hourly-non-exempt
Unpaid minimum wage or overtime
Unlawful Paycheck Deductions
Tips, Commissions, incentive pay, and other non-salaried or hourly pay structures.
Meal Periods and Rest Breaks
State and federal law provides strong protections for employee compensation, and wage-and-hour issues are one of the most common sources of employer liability. Claims often arise from actual or perceived failures to properly pay wages.
Employers must comply with both state and federal requirements governing minimum wage and overtime, timekeeping and payroll records, meal and rest breaks, and employee classification (including exempt vs. nonexempt and independent contractor vs. employee). Pay structure also matters—whether compensation is hourly, salary, commission-based, or project-based, it must be implemented in a legally compliant manner.
Employers must also be mindful of meal periods and rest breaks. State law imposes strict requirements in this area, and liability can arise where policies or practices interfere with employees’ ability to take required breaks.
Hostile & “Toxic” Work Environment
Common Issues:
Sexual harassment, including unwelcome sexual advances or quid pro quo harassment
Derogatory comments, jokes, or conduct related to a person’s protected characteristic
Harassing conduct based on a protected characteristic that is sufficiently severe or pervasive to create a hostile or abusive work environment
Disparate treatment on the basis of a protected characteristic
One of the most commonly misunderstood areas of employment law is the concept of a “hostile work environment.” It is often confused with a “toxic” work environment. The reality is that it is not unlawful for a co-worker, supervisor, or manager to act in ways that are perceived as “hostile” or “toxic” unless that conduct is because of an employee’s protected characteristic (e.g., race, gender, sexual orientation).
That said, workplaces perceived as hostile or toxic—even when not legally actionable—are breeding grounds for employment litigation. Unhappy employees often seek redress through a government agency, such as the EEOC, or by contacting an attorney, and will frequently identify some basis for asserting a claim against their employer or former employer.
Moreover, once there is any indication that workplace hostility is tied to an employee’s protected characteristic (e.g., unwanted sexual advances), these situations can quickly escalate and lead to costly litigation if not handled properly from the outset.
Whether you are an employee or an employer, if you are dealing with an actual or perceived hostile work environment, it is important to seek legal counsel to understand your legal rights, responsibilities, or obligations.
Workplace Discrimination
Common Issues:
Discrimination based on a protected characteristic, such as: race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile.
Disability discrimination
Injured worker (worker’s compensation discrimination)
Workplace discrimination (not to be confused with retaliation, which is discussed below) typically arises when an employee perceives that an employment decision or adverse action is tied to a protected characteristic (e.g., race, gender, sexual orientation, disability). While termination is the most obvious example, adverse actions can also include demotion, reduction in pay or hours, failure to promote, discipline, or other materially negative changes to the terms and conditions of employment.
Disability discrimination is one of the most common claims against employers and does not necessarily require animus toward an employee because of their protected characteristic. Instead, liability often arises from process failures—such as not engaging in the interactive process or failing to provide a reasonable accommodation. Issues relating to the Americans with Disabilities Act are discussed below.
Similarly, other forms of discrimination often arise due to Human Resrouce errors—such as failing to investigate concerns about race or gender discrimination, or applying employment policies unequally across protected classes.
Similarly, “injured worker” or workers’ compensation discrimination often arises when an employer fails to reinstate or reemploy an employee following a workplace injury or workers’ compensation leave, or where an adverse action closely follows the employee’s use of that leave.
Whistleblower & Other forms of Retaliation
Common Issues:
Whistleblowing (reporting or opposing unlawful conduct)
Participation in an investigation or proceeding
Use of protected leave
Workplace complaints
Retaliation is one of the most common claims asserted against employers. Like hostile work environment claims, retaliation must be tied to some form of protected activity (e.g., taking protected leave, making a complaint about discrimination, raising wage concerns, or reporting or opposing unlawful conduct). Not every workplace complaint qualifies as protected activity, and an employer may take action in response to non-protected complaints without triggering liability for retaliation. At the same time, whistleblower statutes in some jurisdictions are construed very broadly, such that a wide range of employee complaints may be treated as protected activity.
Retaliation claims most often arise when an employer takes an adverse employment action (e.g., termination, demotion, or discipline) close in time to the employee’s protected activity. Common scenarios include terminating an employee shortly after they make a safety complaint, take FMLA leave, or return from workers’ compensation leave.
The Americans with Disabilities Act (or State Law Equivalent)
Common Issues:
The interactive process
Reasonable accommodations and undue hardship
Leave as an accommodation (including unpaid leave)
Medical inquiries and documentation
Essential job functions and qualification standards
Direct threat and safety-based limitations
The ADA is a very protective law for employees and navigating the law requires attention to important processes and risk considerations.
Employers are required to engage in the interactive process to determine whether an employee needs a reasonable accommodation to perform the essential functions of their job. This is a collaborative, back-and-forth process, and litigation often arises when employers fail to engage in it before taking action such as termination or demotion.
One of the most commonly overlooked accommodations is leave. Employers frequently terminate employees once they have exhausted available leave, but they must still consider whether an additional period of leave—paid or unpaid—would enable the employee to return to work and perform the essential functions of the position.
Employers often rely on the defense of undue hardship. However, undue hardship is a defense, not a shield from litigation. Disputes over whether an accommodation is reasonable or whether the defense applies are highly fact-specific, expensive to litigate, and do not prevent a claim from being filed.
The law also imposes strict requirements on medical inquiries, fitness-for-duty evaluations, and requests for medical documentation. These processes are highly regulated, and employers can quickly find themselves in trouble if they do not follow the technical requirements governing when and how such information may be requested and used.
Leave administration (state paid leave, FMLA, sick leave)
Common Issues:
Leave policies and administration
Communicating employee rights and employer obligations
Eligibility and employee coverage
Tracking and designation of leave
Coordination of multiple leave laws (e.g., FMLA, state paid leave, sick leave)
Return-to-work and reinstatement obligations
Leave administration is a frequent source of compliance issues for employers, particularly given the overlap between federal, state, and local laws. Employers must navigate multiple frameworks, including the FMLA, state paid leave programs, and sick leave laws, each with its own eligibility requirements, notice obligations, and job protection provisions.
Many issues arise not from intentional violations, but from breakdowns in process—such as failing to properly designate leave, miscommunicating rights and obligations, or inconsistently applying policies. These problems are compounded when multiple leave laws apply at the same time, requiring careful coordination.
Employers must also be mindful of their obligations at the end of a leave period, including reinstatement rights and any related accommodation issues. Mistakes in leave administration can quickly lead to interference or retaliation claims if not handled carefully and consistently.
High-Risk Terminations
Common Issues:
Employees who have made workplace complaints or raised legal concerns (including pay)
Employees who have taken or requested protected leave
Employees who have recently disclosed or raised issues related to a protected characteristic
Employees who are represented by or have retained legal counsel
Termination is often the single highest-risk decision an employer makes and the point at which most legal issues arise. Once a termination occurs, it is difficult—if not impossible—to undo or correct mistakes.
Most employers intuitively recognize when they are dealing with a high-risk termination, and that instinct should not be ignored. These situations require a careful, deliberate approach.
Employers often move forward without sufficient documentation or without fully evaluating the legal risks, which can significantly increase exposure. Taking the time to assess the situation before acting can materially reduce that risk.
In many cases, it is worth consulting with counsel to ensure the process is handled properly and in line with best practices. Where appropriate, a separation agreement can also help protect the interests of both parties and provide a clean resolution.
Human Resources Policies & Training
Common Issues:
Employment handbooks and policies
Separation/Severance Agreements
Sick leave PTO policies
Documentation and discharge best practices
Workplace compliance, training, and policies are important because many employment disputes arise not from intentional misconduct, but from preventable process failures: inconsistent application of rules, poor documentation, unclear communication, inadequate investigation procedures, or supervisors who do not understand how to respond when an employee raises a concern. Well-drafted policies provide the framework for lawful and consistent decision-making, while effective training helps managers and employees understand how those policies apply in real workplace situations.
For employers, these tools are also a form of risk management. Clear policies and regular training can help prevent problems before they escalate into discrimination, retaliation, leave-interference, wage-and-hour, or hostile work environment claims. They also put the organization in a stronger position if a dispute arises by showing that the employer had appropriate expectations, communicated them clearly, trained employees on them, and followed a consistent process. As with issues involving leave administration, accommodations, workplace complaints, and high-risk terminations, careful attention on the front end can materially reduce legal exposure and help avoid costly disputes later.
Litigation
Common Issues:
State and Federal Court lawsuits
BOLI, EEOC, and DOL Complaints
Demand Letters from attorneys
Pro Se litigation
Litigation is typically a last resort, and both employees and employers should carefully consider whether it is the right path. It is expensive, time-consuming, and often emotionally taxing. Even when a party believes strongly in their position, the process itself can create significant disruption.
That said, there are situations where litigation is unavoidable. When that happens, timing is critical. Early decisions can significantly impact available claims and defenses, preserve or waive rights, and shape the overall trajectory of the case. It is essential to proceed with a clear understanding of the legal risks, the anticipated costs, and the range of potential outcomes.
If you are considering litigation, I will provide an initial evaluation of the claims (and, if we work together, updated evaluations throughout your matter) along with a realistic budget so you fully understand the scope of the engagement. If you choose to work with another attorney, you should expect the same level of transparency regarding risks, strategy, and costs before moving forward.
Alternative Dispute Resolution
Common Issues:
Arbitration
Mediation
Judicial Settlement Conference
Arbitration is litigation conducted in a private forum outside of court. It generally follows procedures similar to a court proceeding, including discovery, motion practice, and a final decision by an arbitrator. Arbitration is typically available only if the parties have agreed to it in advance, and whether a claim is subject to arbitration—or whether arbitration is a favorable forum—should be evaluated carefully. Anyone considering arbitration should consult with an attorney at the outset to understand the implications of proceeding in that forum.
Mediation is a flexible tool that can be used either to avoid litigation or to resolve claims after they have been filed, including during arbitration or court proceedings. It is a structured negotiation facilitated by a neutral third party, and the outcome is driven by the parties rather than imposed by a decision-maker. Many clients find mediation valuable because it provides an opportunity to present their case, be heard, and explore resolution without the cost, time, and uncertainty of a full trial or arbitration proceeding.