Employment Counseling
Businesses and public entities in California rely upon the skilled employment lawyers at Downey Brand to stay abreast of the challenges of increasing regulation.
Our employment attorneys assist clients in meeting these challenges by providing a strategic approach designed to anticipate, and hopefully prevent, employment related problems. Avoiding the pitfalls of governmental regulation and litigation begins from the moment a business or agency decides to hire a new employee. Downey Brand counsels its clients in every step of the employment relationship to create a productive and well-managed work force.
Employee Handbook and Policy Review
Well-drafted employment agreements, policies and employee handbooks should anticipate issues that may occur in the workplace so problems rarely arise. We draft employee handbooks, policies and employment agreements to provide a framework for clearly defining workplace procedures and avoiding potential problems along with drug and alcohol testing policies and procedures.
Employee Discipline
We regularly assist clients by evaluating employee performance and providing guidance on verbal warnings, written warnings, and terminations. We routinely work closely with internal and external investigators to address alleged employee misconduct and properly implement discipline, up to and including termination, where appropriate.
Training Staff
Employers and personnel managers are regularly invited to our seminars that update them on changes in the law, recent court rulings and their applications in the workplace. We also provide staff training that is designed to prevent issues from ever becoming problems. We train employees to practically and reasonably deal with workplace issues of harassment, disabilities and drug testing. We also develop and present individualized training programs to management and leadership teams.
Discrimination/Harassment Investigations and Complaint Resolution
Because few issues are more disruptive to an organization than personnel matters, employers require prompt attention and quality legal services when complaints arise. Complaint investigation and resolution is an opportunity to examine issues and prevent them from becoming problems that could lead to litigation. Our employment lawyers treat this as a strategic opportunity to maintain a productive workforce, and routinely help employers successfully resolve complaints of discrimination and harassment. We assist clients in investigating and working through claims against CEO’s, district managers, and other highly placed executives without litigation from any involved parties. We host in-house training seminars for Human Resources Managers on how to conduct sexual harassment investigations in light of recent case law developments.
Family and Medical Leave
Handling employee leaves under the California Pregnancy Discrimination Act, the federal Family Medical Leave Act and the California Family Rights Act is a complex and constantly changing task. We provide well-tailored, individual advice to employers on the complexities of these overlapping laws and keep them informed of court rulings that impact these Acts.
Americans with Disabilities Act
In all of our employment law representation, we seek to educate employers and help them to prevent litigation. This is especially true with the Americans with Disabilities Act where we are noting a rise in claims. We work closely with clients to devise individual interactive process and reasonable accommodation strategies. When necessary, however, we have successfully defended employers in state and federal court on the “reasonable accommodation” of disabled workers.
Meyers-Milias-Brown Act
Downey Brand represents numerous public agencies as general counsel and advises them about the Meyers-Milias-Brown Act and procedural due process issues that arise in the discipline of public employees. Our employment lawyers walk clients through the steps for providing notice of proposed discipline, completing the Skelly hearing process, implementing discipline and, if necessary, representing public employers in post-termination due process hearings.
OSHA Claims Prevention and Representation
Downey Brand works closely with clients to prepare effective Injury and Illness Prevention and training programs. We appeal citations on behalf of clients and work through the appeal and hearing processes to strategically craft mutual resolution agreements or defend against improper citations.
Selected Experience
Selected Experience
- Prepare California-compliant employee handbook for national pharmacy service, including comprehensive review of wage and hour compliance, harassment prevention and new leave of absence policies and practices and devise strategy for handling the termination and subsequent rehire of 100 employees.
- Prepare comprehensive wage and hour audit relating to insurance claims adjustors, targeting key areas of exposure, suggesting strategies for solidifying exemptions, and creating procedures to ensure appropriate documentation with respect to changes to non-exempt status.
- Conduct interviews and related workplace investigation stemming from accusations of employee misconduct in the workplace.
- Prepare California-compliant employee handbook for national pharmacy service, including comprehensive review of wage and hour compliance, harassment prevention and new leave of absence policies and practices and devise strategy for handling the termination and subsequent rehire of 100 employees.
- Prepare comprehensive wage and hour audit relating to insurance claims adjustors, targeting key areas of exposure, suggesting strategies for solidifying exemptions, and creating procedures to ensure appropriate documentation with respect to changes to non-exempt status.
- Conduct interviews and related workplace investigation stemming from accusations of employee misconduct in the workplace.
- Advise technology consulting company regarding termination and severance options for various employees during company downsizing.
- Analyze labor and employment risks and liabilities raised by the acquisition of a California company by a German manufacturer.
Cassandra M. Ferrannini
Partner
Sacramento 916.520.5387
Announcements
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November 2, 2023Downey Brand Ranked Nationally and Regionally in 2024 Best Law Firms®
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November 5, 2022Downey Brand Ranked Nationally and Regionally in 2023 “Best Law Firms” by U.S. News – Best Lawyers®
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March 15, 2022Alexandra LaFountain Selected to Leadership Sacramento Class of 2022
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November 5, 2021Downey Brand Ranked Nationally and Regionally in 2022 “Best Law Firms” by U.S. News – Best Lawyers®
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April 1, 2021Downey Brand Welcomes Samuel Micon to its Employment Practice in Sacramento
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November 9, 2020Downey Brand Ranked Nationally and Regionally in 2021 “Best Law Firms” by U.S. News – Best Lawyers®
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November 4, 2019Downey Brand Ranked Nationally and Regionally in 2020 “Best Law Firms” by U.S. News – Best Lawyers®
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December 12, 2018Downey Brand Welcomes Two New Associates to its Sacramento Office
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November 12, 2018Downey Brand Ranked Nationally and Regionally in “Best Law Firms” 2019 by U.S. News – Best Lawyers®
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November 6, 2017Downey Brand Named a Tier 1 Regional “Best Law Firm” in Six Practice Areas by U.S. News – Best Lawyers® in 2018
In the News
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August 2, 2021Will your job require a COVID vaccination? Why many California businesses aren’t so sure
Sacramento Bee
Speaking Engagements / Events
19 related items-
January 31, 20242024 and Onward – Annual Employment Law Webinar
Downey Brand Employment Webinar -
January 24, 20242024 and Onward – Annual Employment Law Briefing
Downey Brand In-Person Employment Seminar -
February 2, 20232023 and Onward – Annual Employment Law Webinar
Downey Brand Employment Webinar -
January 19, 20232023 and Onward – Annual Employment Law Briefing
Downey Brand In-Person Employment Seminar -
February 11, 20222022 and Onward – Annual Employment Law Briefing
Downey Brand Employment Webinar -
March 11, 2021The COVID-19 Vaccine Landscape and What Employers Need to Know to Implement a Successful Vaccination Program
Downey Brand COVID-19 Webinar Series -
January 13, 20212021 and Onward – Annual Employment Law Briefing
Downey Brand Employment Webinar -
September 9, 2020Keeping Flood Infrastructure Projects and Maintenance Going During Times of Crisis: A Legal Perspective
Floodplain Management Association's Annual Conference -
April 15, 2020Experts Answer Critical Small Business Questions
Greater Sacramento Economic Council, COVID-19 Webinar Series -
January 28, 2020Webinar: New Year, New Challenges – 2020 Annual Employment Law Briefing
Downey Brand Employment Webinar -
January 2020New Year, New Challenges: 2020 Annual Employment Law Briefing
Downey Brand Employment Seminar -
January 2019New Year, New Challenges: 2019 Annual Employment Law Briefing
Downey Brand Employment Law Seminar -
February 2017New Year, New Challenges: 2017 Annual Employment Law Briefing
Downey Brand Employment Law Seminar -
March 30, 20162016 Employment Law Briefing
Co-presenter, Metro Chamber 2016 Seminar Series -
February 24, 2016A New Year Means New Challenges: 2016 Annual Employment Law Briefing
Co-presenter, Downey Brand Employment Law Seminar -
June 18, 2015Mid-Year Employer Update: Mental Health and the Workplace
Co-presenter, Downey Brand Employment Law Seminar -
January 27, 2015Are you ready for 2015? Many New Laws Will Affect California Employers
Co-presenter, Downey Brand Employment Law Seminar -
January 30, 2014Are You Ready for 2014? Many New Laws Will Affect California Employers
Seminar -
October 29, 2013Keeping the Family Farm in the Family – Part 3
Downey Brand and Westmark Group Program
Legal Alerts
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July 12, 2024Key Changes to PAGA and What Employers Should Know
Employment Law -
June 23, 2022Employment Arbitration Update: PAGA Arbitration Agreements Now Afloat After Viking River Cruises v. Moriana
Employment Law -
January 14, 2022UPDATE: Supreme Court Puts Large Employer Vaccine Mandate on Hold, But Allows Healthcare Worker Vaccine Mandate
Employment Law -
December 21, 2021UPDATE: OSHA’s Emergency Temporary Standards Requiring Employees to Vaccinate or Test Are No Longer Stayed, But Compliance Deadlines Are Extended
Employment Law -
November 17, 2021Fifth Circuit Stays Enforcement of the Federal OSHA Emergency Regulations Requiring Employees to Vaccinate or Test
Employment Law -
June 18, 2021COVID-19 Employers’ Requirements Update
Employment Law -
December 7, 2020Three Important New Employment Laws Taking Effect on January 1, 2021
Employment Law -
June 26, 2020Employers Take Note – Recent Updates From the EEOC Regarding Antibody Testing and Harassment and Discrimination
Downey Brand COVID-19 News and UpdatesEmployment Law -
June 22, 2020The United States Supreme Court Holds Title VII of the Civil Rights Act Protects Gay and Transgender Workers
Employment Law -
May 8, 2020Governor Newsom Signs Executive Order Announcing Workers’ Compensation Presumption for COVID-19
Downey Brand COVID-19 News and UpdatesEmployment Law -
April 6, 2020The Department of Labor Issues New Regulations on the FFCRA
Downey Brand COVID-19 News and UpdatesEmployment Law -
March 29, 2020The Department of Labor Issues Additional Guidance Regarding FFCRA Compliance
Downey Brand COVID-19 News and UpdatesEmployment Law -
March 25, 2020Employers Should Consider the EDD’s Work Share Program As an Alternative to Layoffs
Downey Brand COVID-19 News and UpdatesEmployment Law -
March 23, 2020Employers Can Begin Taking Advantage of Two New Refundable Payroll Tax Credits
Downey Brand COVID-19 News and UpdatesEmployment Law -
March 20, 2020What is the status of the federal government’s changes to the Family and Medical Leave Act?
Downey Brand COVID-19 News and UpdatesEmployment Law -
March 17, 2020In response to increasing concerns regarding COVID-19, Governor Newsom seeks to minimize hardships and uncertainties for employers and their employees
Downey Brand COVID-19 News and UpdatesEmployment Law -
February 18, 2020California Supreme Court Holds Apple Employees Must Be Compensated for Time Spent Undergoing Exit Searches
Employment Law -
July 31, 2018California Supreme Court Declines to Apply the Federal De Minimis Doctrine to Post-Shift Activities
Employment Law -
June 28, 2018U.S. Supreme Court Declares Agency Fees Unconstitutional, Leaving Unions and Others in the Lurch
Employment Law -
June 28, 2018SCOTUS Upholds Class Action Waivers in Arbitration Agreements
Employment Law -
June 28, 2018California Supreme Court Clarifies Overtime Calculation Involving Flat Sum Bonuses
Employment Law -
May 3, 2018California Supreme Court Narrows Independent Contractor Classification
Employment Law -
May 10, 2017California Supreme Court Clarifies Day of Rest Rules
Employment Law -
November 9, 2016The Control, Regulate and Tax Adult Use of Marijuana Act: What It Means For California Employers
Employment Law -
May 19, 2016Anticipated Changes to the FLSA Overtime Regulations Are Here
Employment Law -
April 5, 2016California Supreme Court Addresses Suitable Seating
Employment Law -
February 25, 2016ICE Traffic Stops – Now What?
Food and Agriculture Law -
October 20, 2015California Hammers Final Nail into Piece Rate Coffin at the Same Time it Creates an Affirmative Defense
Employment Law -
October 6, 2015Governor Signs Urgency Legislation to Help Curb Frivolous PAGA Suits
Employment Law -
August 25, 2015Fair Employment and Housing Council Amends California Family Rights Act Regulations
Employment Law -
August 25, 2015California Legislature Amends the Healthy Workplaces, Healthy Families Act of 2014
Employment Law -
October 8, 2014Protections under the Fair Employment and Housing Act Extended to Unpaid Interns
Employment Law -
October 8, 2014California Legislature Clarifies and Expands Prevailing Wage Laws
Employment Law -
October 8, 2014California Becomes Second State to Require Paid Sick Leave
Employment Law -
October 8, 2014Minimum Wage Citations Issued by the Labor Commissioner Now Include any Applicable “Waiting Time” Penalties
Employment Law -
October 8, 2014California Imposes Additional Requirements to Address Sexual Harassment of Agricultural Field Workers
Employment Law -
October 8, 2014Employers Now Share Liability with Staffing Companies and Labor Contractors for Wage Violations
Employment Law -
October 8, 2014Required Sexual Harassment Training for Supervisory Employees Must Now Include Training on the Prevention of Abusive Conduct
Employment Law -
June 16, 2014California Minimum Wage Increases to $9
Employment Law -
June 16, 2014California Supreme Court Decision Expected this Summer Regarding Enforcement of Class-Action Waivers in Arbitration Agreements
Employment Law -
June 16, 2014California Expands Paid Family Leave
Employment Law -
July 2013Supreme Court Clarifies Definition of “Supervisor” for Title VII Harassment Claims
Employment Law -
July 2013Supreme Court Raises the Bar for Employee Retaliation Claims
Employment Law -
July 2013Supreme Court Further Affirms the Right to Enforce Arbitration Agreements, Including Class Action Waivers
Employment Law -
May 2013Businesses Employing Workers Supplied By Farm Labor Contractors or Professional Employer Organizations May Create an Unintended Joint Employer Relationship, Resulting in Unforeseen Liability
Employment Law -
May 2013Employers Must Use New Form I-9 Beginning May 7, 2013
Employment Law -
May 2013Employers Beware: Retaliation Suits May Linger Even After Harassment Claim Dismissed
Employment Law -
March 2013An Employer’s Obligation to Accommodate an Employee Disabled by Pregnancy Is Not Limited by California’s Pregnancy Disability Leave Law
Employment Law -
March 2013Courts Grapple with California Law Requiring Employers to Provide Employees with “Suitable Seating”
Employment Law -
March 2013New FMLA Regulations Require New Poster and Expand Military Leave Entitlements
Employment Law -
April 2012The Brinker Decision…at Long Last
Employment Law -
April 2012Court Enjoins NLRB Posting Requirement
Employment Law -
October 2011NLRB Delays Effective Date of Posting Requirements
Employment Law -
October 2011The Supreme Court Finally Sets the Long Awaited Brinker Decision For Oral Argument
Employment Law -
October 2011Legal Updates on Independent Contractor Classification
Employment Law -
October 2011New Law Restricts Employer Use of Consumer Credit Reports for Background Checks
Employment Law -
July 2011Wal-Mart Stores, Inc. v. Dukes ― United States Supreme Court Denies Class Certification to One of the Most Expansive Class Actions in History
Employment Law -
July 2011California Supreme Court Holds That Out-of-State Employees Working in California Must Be Paid California Overtime
Employment LawEmployment Law -
July 2010You Ask — We Answer
Employment Law -
July 2010Keeping Arbitration Where it Belongs – In Arbitration: Big Win for Employers in Rent-a-Center, West, Inc. v. Jackson
Employment Law -
July 2010How Private is Your Employee’s “Sexting?”: The Supreme Court Weighs In
Employment Law -
October 2009California Law Permits Employers to Have a Waiting Period for Vacation/PTO Accrual
Employment Law -
October 2009The Double-Edged Sword of Technology: Text Messages and Social Online Networks Offer A New Source of Evidence for Plaintiffs in Discrimination and Harassment Lawsuits
Employment Law -
October 2009Workplace Accidents Can and Do Happen: Does Your Business Have a Cal OSHA Injury Illness Prevention Plan (IIPP)?
Employment Law -
June 2009Employers Must Use Revised Form I-9 for Employment Eligibility Verification for Employees Hired On or After April 3, 2009
Employment Law
Publications
4 related items-
September 2019Big Changes in California Sexual Harassment Law
California Grocer, Issue 4 -
November 2015Urgency Legislation Helps Curb Frivolous PAGA Lawsuits
California Grocer, Issue 6 -
February 2015Understanding California’s New Paid Sick Leave Law
California Grocer, Issue 1 -
February 2014Employment Law Update: There Are Many New Employment Laws Going Into Effect In 2014
California Grocer, Issue 1