Kennedy McCarthy & Rumm, LLP represents employers in virtually all aspects of employment litigation and arbitration. Whether claims involve discrimination, wrongful termination, wage and hour class action defense, unfair competition, the Private Attorneys General Act (“PAGA”), or tort or harassment allegations, we have the experience to guide employers to minimize risk and achieve the best possible results.
Discrimination Litigation
We have decades of experience handling diverse types of discrimination litigation on behalf of our employer clients. The attorneys at Kennedy McCarthy & Rumm, LLP have defended litigation involving claims of racial discrimination, national origin discrimination, age discrimination, disability discrimination, gender discrimination, sexual orientation discrimination, and religious discrimination. Whether these claims are brought under the California Fair Employment and Housing Act (“FEHA”) or the Federal Civil Rights Act, we are well-versed in law and have key insights into how best to respond to these claims on behalf of our clients. Cases are highly fact specific, so we focus on getting key information quickly to advise our clients on the best course of action. This is a major part of our employment litigation practice.
Wrongful Termination in Violation of Public Policy Litigation
Employees who sue often allege wrongful termination in violation of public policy, constructive termination, or other related claims. These claims typically allege that the employer has engaged in wrongful conduct that should allow the employee to seek damages, reinstatement of employment, or both. The attorneys at Kennedy McCarthy & Rumm, LLP work tirelessly in an effort to have these claims dismissed against clients whenever possible through pretrial motions and other strategies to serve our clients.
Harassment and Retaliation Litigation
With the rise of the “me too” movement, employers must remain vigilant about the risk of harassment and retaliation claims. Our attorneys use properly drafted corporate policies to respond to and defend against allegations of sexual harassment when such claims were not reported to company management. We also often see other tort and contract claims coupled with claims of harassment that are filed as part of wrongful termination or discrimination claims, including claims that allege the employer’s conduct constitutes intentional infliction of emotional distress. The attorneys at Kennedy McCarthy & Rumm, LLP will analyze and guide clients on how to address these types of allegations.
Wage and Hour Litigation
The attorneys at Kennedy McCarthy & Rumm, LLP are experienced and skilled in defending their employer clients facing allegations of wage and hour violations. We have handled numerous wage and hour claims, including those brought by a single employee, through a collective action, in swarm arbitrations, and in class action lawsuits. We pride ourselves on remaining current on changes to employers’ wage and hour obligations, regularly analyzing key legal concepts and strategies to minimize the potential exposure to our clients.
Misclassification of Independent Contractor Litigation
California has attempted to expand the definition of an employee through Assembly Bill 5 (A.B. 5) (Labor Code sections 2775, et seq.) A.B. 5 requires the application of the “ABC test” to determine if workers in California are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the Industrial Welfare Commission (IWC) Wage Orders. Under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity satisfies all three of the following conditions: (a) The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; (b) The worker performs work that is outside the usual course of the hiring entity’s business; and (c) The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. We have defended companies facing claims that their workers were misclassified as independent contractors in violation of A.B. 5.
Wage and Hour Class Action Litigation
Wage and hour class action litigation can pose one of the greatest threats to an employer’s business. The potential exposure can often be so great that it threatens the viability of the company. We defend these claims and take every effort to minimize or eliminate the threats that these claims pose. Wage and hour litigation is especially common in California due to the hyper-technical obligations with which employers must comply when monitoring employees’ hours and pay. The attorneys at Kennedy McCarthy & Rumm, LLP implement strategies whenever available to undermine the nature of the class claims and to reduce or eliminate the class threat posed.
Private Attorney Generals Act (“PAGA”) Litigation
PAGA litigation is similar to wage and hour class action claims. However, in some ways PAGA can be even more difficult. PAGA claims are not subject to a Motion for Class Certification and the law is currently unsettled in many aspects of PAGA litigation. For the majority of the past decade, we have been defending active PAGA claims and use the novelty of these claims and other strategies against plaintiff employees.
Appeals of Employment Matters
The attorneys at Kennedy McCarthy & Rumm, LLP have extensive experience briefing and arguing matters in both the California Courts of Appeal and the Federal Ninth Circuit Court of Appeals. By preparing matters fully and making certain to include relevant evidence at every stage of the litigation process, our Firm handles appeals of employment-related claims on behalf of our clients. Our goal is to generate the most leverage and benefit to our clients and that includes representing our clients in appeals to advance our clients’ interests.
