Anita York
Practice Specialties

Employee Handbooks and Personnel Policies

In conjunction with her employer advice and counseling practice, Ms. York specializes in the preparation and review of employee handbooks and personnel policies. As part of the firm's Employee Handbook Service, Ms. York personally meets with a client's management team to discuss in detail the organization and its personnel policy needs. Based on the information gathered during the consultation, Ms. York prepares a customized employee handbook that is in full compliance with all applicable federal and state employment laws, and that meets the needs and realities of the particular organization. Ms. York also works with her clients to prepare and implement specialized personnel policies.

Employer/Management Training

Along with her extensive work preparing and reviewing employee handbooks and personnel policies, Ms. York regularly conducts training programs and seminars for employers, managers and human resources professionals. Among the programs Ms. York offers are:

• Employment Law 101 - The Basics:
  
  
  • Labor Code Top 50 - The Top 50 Labor Code Sections You Should Know
    
  • Pre-Employment - Hiring Tips & Red Flags
  • Employment - The Three Strikes & How to Avoid Them
  • Post-Employment - Unemployment & Other Financial Concerns
• Employment Law 102 - Critical Wage and Hour Issues for California Employers:
  
  
  • Salary, Hourly or Production-Based Compensation - The Risks & Requirements
  • The Five Requirements for All Non-Exempt Employees (and Why They Matter)
  • Overtime and "Regular Rate" Claims - How to Stay Out of Trouble
  • Alternative Workweek Schedules - The Pros & Cons
• Employment Law 103 - Current Trends, Hot Topics & War Stories:
  
  
  • Leaves of Absence - When Do You Have to Allow Time Off
  • Sexual Harassment - Protecting Against Personal Liability
  • Independent Contractors - Who Qualifies & Who Doesn't Qualify
  • Release Agreements & Severance Pay - Who, When, Why & How

Other Programs include: How to Conduct an Internal I-9 Audit; Leaves of Absence 101: The Basics; and Conducting Workplace Investigations.

Workplace Investigations

Sooner or later, almost every employer faces the need to investigate allegations of misconduct by one or more of its employees. Such an investigation should not be undertaken lightly. In addition to being an important factor in determining fair and appropriate disciplinary measures, in the event of subsequent legal action, a prompt, thorough, impartial investigation can be the linchpin upon which the entire case is won. On the other hand, a poorly-handled investigation may be the key reason the jury gives when it rules against the employer and, awards the plaintiff a large sum of money.

Based on Ms. York's years of experience specializing in employment law she is uniquely qualified in this area. In conducting investigations, Ms. York brings to bear her extensive knowledge of state and federal employment law, years of experience interviewing parties and witnesses, skill in getting to the truth, and just the right balance of protecting the rights of both employees and employers.

Among the services Ms. York offers are:

• Conducting investigations of alleged workplace misconduct
• Counseling employers who are conducting investigations
• Training employers and human resources professionals in conducting workplace investigations

Defense of Individual Defendants in Multi-Party Litigation
On behalf of businesses, Ms. York has litigated issues in a variety of areas, including discrimination and harassment, wage and hour, trade secrets and unfair competition, and workers' compensation (Labor Code Section 132a discrimination, and serious and willful claims).

Ms. York specializes in representing individuals who are named as defendants in employment litigation, and who require separate representation from their employers. In discrimination, harassment and retaliation cases, the complaining employee, or former employee, typically sues not only the employer, but the supervisors and managers too. In many cases, the law does not allow all defendants to use the same attorney. In those cases, Ms. York is brought in to represent the named individual(s). Most often, the employer is required to pay the legal fees and costs to defend its supervisors and managers.

A few examples of Ms. York's work in this area include:

• Represented the Western Regional Vice President of a Fortune 500 company in a sexual harassment/discrimination lawsuit
• Represented the manager of a major hotel chain in a sexual harassment/sexual battery lawsuit
• Represented a city manager in a lawsuit alleging sexual orientation discrimination and related claims