Administrative Hearings and Investigations
We represent clients in communications and hearings before all relevant local, state, and federal governmental and human rights agencies. Our attorneys offer extensive and regular statutory and regulatory updates and impact analysis centered on an organization’s specific needs. We have experience in:
- Department of Labor compliance with wage and hour matters under the FLSA, leave matters under the FMLA and USERRA, and benefits under ERISA. We defend our clients in audits and investigations by divisions of the DOL.
- Equal Employment Opportunity Commission charge response for claims of discrimination, focusing on remedying preventable problems generated by inconsistent or erroneous filings. In these instances, we recommend alternative fee structures, including in some situations, a flat-fee arrangement, for EEOC responses that allows clients to manage the administrative process while strengthening the client’s standing before administrative agencies.
- Occupational Safety and Health Administration compliance and defending clients before state and federal investigators, the Occupational Safety and Health Review Commission (OSHRC), and in court, addressing potential civil and criminal liability and reducing risk. With decades of experience advising the health care, manufacturing, and construction industries, we can customize our OSHA guidance.
- Office of Federal Contract Compliance Programs (OFCCP) representation for clients with Affirmative Action Plan obligations, and subject to oversight and audit by the OFCCP. We offer significant experience in resolving matters that result in no monetary claims. Our attorneys represent clients in connection with every aspect of OFCCP compliance, including compliance checks and reviews. We prepare Affirmative Action Plans (AAPs) from start to finish, identify the facilities to be included, assign job codes to job titles, group job titles to better represent organizational structure, conduct availability and utilization analyses, and craft the narrative portion of the plan. We defend employers in arbitration and at trial, aiming to minimize company exposure.
- National Labor Relations Board (NLRB) representation on claims under Section VII of the Labor Management Relations Act (LMRA).
- California Division of Labor and Standards Enforcement (DLSE) representation for clients in administrative proceedings before the DLSE related to wage and hour, and retaliation claims.