PRACTICE AREA
Employment Defense Litigation Attorneys
At Novian & Novian, we help employers and management teams protect their businesses when employment disputes arise. With more than 35 years of hands-on experience, we provide strategic, results-driven defense in complex employment law and labor litigation matters. Our goal is for you to stay focused on running your business with confidence.
Who Are Employment Lawyers?
Employment lawyers are legal professionals who focus on the broad and constantly evolving relationship between employers and employees. We work at the intersection of employment law, labor law, and day-to-day workplace realities. Our job is to help businesses comply with complex federal, state, and local laws while also defending them when disputes arise.
At Novian & Novian, our role as labor and employment lawyers goes far beyond reacting to lawsuits. We advise employers on lawful employment practices, help management teams understand what federal law requires employers to do, and step in decisively when issues escalate into litigation or government investigations. For instance, if a company is accused of violating the Fair Labor Standards Act due to unpaid overtime pay or improper minimum wage calculations, we analyze hours worked, payroll systems, and exemptions to build a strong defense grounded in the facts and the law.
To give you a clearer picture, employment lawyers typically assist employers in the following ways:
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Advising on compliance and risk management
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Defending employment litigation and agency claims
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Handling labor and union-related matters
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Counseling on workforce changes and leave laws
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Resolving disputes efficiently
We also recognize that not every workplace conflict means an employer did something wrong. In fact, many claims stem from misunderstandings, inconsistent policies, or rapidly changing regulations. That’s why our approach is both legally sound and practically effective. We combine deep knowledge of employment statutes with real-world business insight to help employers make informed decisions before and after disputes arise.
Overview of Employment Law in the United States
Employment law is a broad and practical area of law that governs the relationship between employers and employees throughout the country. At its core, employment law defines employee rights and protections while outlining the legal obligations that requires employers to follow fair, safe, and lawful employment practices. These laws touch nearly every stage of the employment relationship, from hiring and background checks to wages, hours worked, workplace safety, benefits, discipline, and termination.
From a federal standpoint, several statutes shape labor and employment law nationwide. The Fair Labor Standards Act (FLSA) sets rules for minimum wage, federal minimum wage, overtime pay, and recordkeeping for covered employees. Title VII of the Civil Rights Act and the Equal Employment Opportunity Act prohibit employment discrimination based on protected characteristics such as race, religion, gender, age, disability, and sexual orientation. Furthermore, the Americans with Disabilities Act, Rehabilitation Act, and related disability statutes require reasonable accommodations for eligible employees, while federal health and family-related laws address job protected leave, health benefits, and workplace fairness. Together, these federal laws establish a baseline that applies across the country, regardless of industry or business size.
That said, one important counterpoint we often explain to clients is that federal law sets the floor, not the ceiling. State and local regulations can, and often do, impose additional requirements on employers. For instance, while the federal government enforces nationwide wage and hour rules, individual states may set higher minimum wage standards, stricter overtime rules, or broader employee protections. In practice, this means employers must comply with both federal and state law, and when the laws differ, the rule that provides greater protection to workers usually applies. We regularly help businesses navigate these overlapping regulations to avoid costly compliance gaps.
Employment law disputes typically arise when expectations break down or when regulations are misunderstood. Common conflicts include employment discrimination claims, wage and hour disputes involving unpaid overtime pay or misclassification, and wrongful termination allegations. For example, we’ve defended employers accused of wage violations after an internal audit revealed inconsistent payment practices. If unaddressed, this is an issue that could have led to penalties affecting multiple workers under federal and state statutes. According to the U.S. Department of Labor, wage and hour violations account for millions of dollars in back wages recovered each year, underscoring how critical compliance truly is.
Common Employment Law Issues Faced by Employers and Employees
In our experience, most employment disputes don’t start as lawsuits. They start as everyday workplace decisions made without full visibility into how employment law, labor law, and overlapping federal and state regulations apply.
Both employers and employees operate in a highly regulated environment shaped by the Fair Labor Standards Act, Civil Rights Act, Equal Employment Opportunity Act, OSH Act, and other statutes that govern wages, safety, discrimination, and workplace conduct. Below are the most common issues we see:
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Employment Discrimination & Harassment: Discrimination claims often involve allegations based on age discrimination, gender discrimination, religion, disability, or sexual orientation under federal law. Employers are required to provide a workplace free from unlawful harassment and retaliation and to comply with equal employment opportunity obligations.
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Wage and Hour Violations: Wage disputes commonly arise over minimum wage, federal minimum wage, overtime pay, and misclassification of covered employees or eligible employees. Errors in tracking hours worked or payment practices can quickly lead to collective or class claims.
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Wrongful Termination & Unfair Firing: Employees may allege termination in violation of employment statutes, retaliation protections, or public policy, often described as “unfair firing.” Employers, on the other hand, may believe a termination was lawful and performance-based.
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Contract & Collective Bargaining Disputes: Disagreements can arise from employment contracts, non-compete clauses, or obligations under a collective bargaining agreement involving labor organizations or unions.
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Leave, Benefits & Workforce Changes: Issues related to job protected leave, health benefits, military service under the uniformed services employment and reemployment rights act, or layoffs under the Worker Adjustment and Retraining Notification Act are highly technical and frequently misunderstood.
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Workplace Safety & Compliance: Employers must comply with occupational safety standards, including those under the OSH Act, mine safety rules where applicable, and general health and safety obligations.
How Novian & Novian Supports Clients with Employment Law Matters
In our more than 35 years of hands-on practice, we’ve seen how quickly employment issues can disrupt even the most well-run organizations. At Novian & Novian, we work closely with employers, executives, and management teams to navigate the full spectrum of labor and employment law, balancing legal compliance with real-world business needs. Our approach is practical, personalized, and always focused on protecting your organization’s long-term interests.
Our knowledgeable team is well-versed in both state and federal employment law, and we routinely assist businesses with administrative proceedings, internal investigations, and high-stakes litigation. In our experience, many disputes can be avoided or significantly limited when employers receive proactive legal guidance early. That said, when claims do arise, we are fully prepared to defend our clients at every stage. When claims do arise, we are fully prepared to defend our clients at every stage
Our attorneys regularly represent clients before key agencies, including the U.S. Department of Labor, the Equal Employment Opportunity Commission, the Division of Labor Standards Enforcement, the California Department of Fair Employment and Housing, and the Merit Systems Protection Board. Appearing before these agencies requires not only technical knowledge of regulations and reporting requirements, but also strategic judgment about when to negotiate, when to litigate, and when to pursue alternative dispute resolution.
We also understand that avoiding litigation is often the best outcome. That’s why we provide ongoing compliance advice on hiring practices, background checks, workplace safety under the OSH Act, leave policies, and management training. We recommend that employers document decisions carefully and seek counsel before taking high-risk actions like terminations or large workforce changes. However, if trial becomes unavoidable, our experienced employment defense litigators are prepared to aggressively protect your interests in court.
At Novian & Novian, LLP, we understand that a cohesive personnel force is the key to keeping your business running smoothly. Backed by more than 35 years of experience, our firm provides strong, effective representation to employers and management teams in a wide variety of employment law matters. From our offices in Los Angeles, we serve clients throughout California, across the country and around the world.
Committed to Protecting Your Rights
Our knowledgeable team is well-versed in all aspects of state and federal employment law. We are here to assist your company with any administrative and judicial claims, including but not limited to:
- Claims involving breach of employment agreement, confidentiality, independent contractor status, theft of company property and employee privacy
- Claims involving wrongful termination, workplace sexual harassment, workplace discrimination and retaliation
- Workers’ compensation, employment benefits claims, wage and hour law disputes, waiting time penalties and overtime actions
- Prosecution and defense of unfair competition, misappropriation of trade secrets, improper client solicitation, employee raiding and employee sabotage
Our experienced staff is prepared to represent clients in appearances before the Division of Labor Standards Enforcement, the U.S. Department of Labor, the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the Merit Systems Protection Board.
We understand how important it is to avoid litigation, and our attorneys will provide insightful counsel on how to limit exposure. However, in the event that a trial is unavoidable, our skilled lawyers will be fully prepared to aggressively defend your best interests in court.
How to Limit Exposure
A lawsuit can be incredibly costly, in terms of both time and money. Therefore, it is essential to structure your organization properly from the very start. The knowledgeable employment law attorneys at Novian & Novian, LLP have the skill and experience that has helped countless businesses limit exposure. Based in Los Angeles, our firm serves clients throughout California, across the United States, and around the world.
Preventing Problems Before They Begin
We believe in a prophylactic approach, and our goal is to prevent you from being sued in the first place. We will work diligently to help your organization avoid common pitfalls so that you can stay out of court — thereby saving the time and money required to fight a lawsuit. The key to this approach is consistent policies and consistent documentation.
Our skilled team can assist you with a wide variety of counseling and training matters, including:
- Complying with federal and state employment regulations
- Negotiating and drafting employment agreements, noncompete agreements, stock option plans and bonus plans
- Training employees on the prevention of sexual harassment
- Writing employee handbooks and management manuals
- Advising employers on issues relating to policies and procedures and personal liability
Key Employment Law Terminology Every Employer and Employee Should Know
The table below breaks down key terms we regularly explain to clients, with practical examples showing why these definitions matter in real-world employment situations.
At-Will Employment
A legal doctrine allowing employers or employees to end the employment relationship at any time, with or without cause, subject to federal and state laws.
For instance, an employer may terminate a job for performance issues, but not for discriminatory reasons under the Civil Rights Act.
Non-Compete Agreement
A contract restricting an employee from working for competitors or starting a competing business after leaving a job.
We often review whether a non-compete is enforceable based on location, duration, and scope under applicable labor and employment laws.
Employment Discrimination
Unlawful treatment of an employee or applicant based on protected characteristics such as age, gender, religion, disability, or sexual orientation.
An employer who refuses to promote a qualified worker due to age may face age discrimination claims.
Harassment
Unwelcome conduct based on a protected category that creates a hostile or abusive workplace.
Repeated inappropriate comments or conduct may violate equal employment opportunity laws if not addressed by management.
Wage and Hour Laws
Federal and state laws governing minimum wage, overtime pay, and hours worked.
Misclassifying employees as exempt can lead to overtime pay liability under the Fair Labor Standards Act.
Fair Labor Standards Act (FLSA)
A federal statute setting rules for federal minimum wage, overtime, and recordkeeping.
Employers must track hours worked for covered employees to avoid Department of Labor penalties.
Federal Minimum Wage
The lowest hourly wage employers may legally pay under federal law.
States may require higher wages, and employers must comply with the higher standard.
Overtime Pay
Additional compensation, typically 1.5x regular pay, for hours worked over 40 in a workweek.
Failure to pay overtime can trigger wage claims and waiting time penalties.
Collective Bargaining Agreement (CBA)
A contract between employer and labor organizations outlining wages, benefits, and working conditions.
Violating a CBA may lead to grievance or arbitration.
Equal Employment Opportunity (EEO)
The principle that employment decisions must be made without unlawful discrimination.
Hiring practices must comply with the Equal Employment Opportunity Act and related statutes.
Wrongful Termination
Termination that violates federal law, state law, or public policy.
Firing an employee for reporting safety violations may lead to retaliation claims.
Independent Contractor
A worker who is not classified as an employee and is not entitled to certain labor protections.
Misclassification can result in back wages, taxes, and penalties.
Job-Protected Leave
Legally mandated leave that allows employees to return to their job afterward.
Eligible employees may be entitled to job-protected leave for family or health reasons.
Disability Accommodation
Adjustments employers must make for qualified individuals with disabilities.
Failing reasonable accommodations may violate the Disabilities Act or Rehabilitation Act.
OSHA Act
A federal law requiring employers to provide a safe and healthful workplace.
Failure to address known safety hazards can lead to enforcement actions.
Worker Adjustment and Retraining Notification Act (WARN)
A federal statute requiring advance notice of mass layoffs or plant closures.
Employers must meet strict reporting requirements before large workforce reductions.
Alternative Dispute Resolution (ADR)
Methods like mediation or arbitration used to resolve disputes outside court.
We often recommend ADR to resolve disputes quickly and reduce disruption.
Retaliation
Adverse action taken against an employee for exercising legal rights.
Discipline after filing a wage complaint may raise retaliation concerns.
Employment Agreement
A contract outlining job duties, compensation, and termination terms.
Ambiguous language can create disputes over pay or separation rights.
Covered Employee
Workers who are protected by specific employment statutes.
Determining who qualifies as a covered employee is critical in wage and discrimination cases.
FAQs
In our experience, employment law questions often come up when something at work doesn’t feel right or when an employer wants to make sure they’re doing things correctly before a problem arises. Below are answers to some of the most common questions we hear from both employees and employers:
What Is Employment Law?
Employment law is the body of federal and state laws that governs the relationship between employers and employees, including wages, hours worked, workplace safety, and discrimination. It includes statutes such as the Fair Labor Standards Act, Civil Rights Act, and Equal Employment Opportunity Act, which set minimum standards employers must follow.
How Can Employment Law Protect Employees?
Employment law protects employees by ensuring fair pay, safe working conditions, equal employment opportunity, and freedom from discrimination or retaliation. For example, federal law requires employers to pay minimum wage and overtime pay and prohibits discrimination based on age, gender, religion, disability, or sexual orientation.
What Should I Do If I Face Workplace Discrimination?
We recommend documenting the conduct, reporting it through internal channels if appropriate, and consulting an employment attorney to understand your rights under federal and state law. In many cases, early legal guidance can help determine whether the conduct violates equal opportunity or civil rights statutes and how best to proceed.
How Does Wrongful Termination Work?
Wrongful termination occurs when an employee is fired in violation of employment laws, public policy, or protected rights, even in at-will employment situations. For instance, termination based on discrimination or retaliation may give rise to legal claims despite an employer’s general right to end employment.
When Should Employers Consult An Employment Lawyer?
Employers should consult an employment lawyer before making high-risk decisions such as terminations, layoffs, or policy changes, not just after a dispute arises. Early advice can help ensure compliance with labor and employment law, reduce litigation risk, and protect the business long-term.