2100 Northrop Avenue
Suite 900
Sacramento, CA 95825

ph: (916) 483-8600
fax: (916) 483-8607

Practice Areas

Over the past fifteen years, James Cahalan of Cahalan & Associates has provided labor and employment advice to hundreds of California employers on a wide variety of issues, and represented clients before numerous courts and administrative agencies. We take pride in providing the highest quality legal services at an affordable price.
  • Litigation – Trial, Appeal, Arbitration, and Alternative Dispute Resolution

    We represent clients with employment-related issues at all stages of litigation in state and federal courts, including both jury and bench trials. We also have extensive experience in representing clients at arbitration (including labor arbitrations) and other types of alternative dispute resolution, such as mediation.

  • Employment Discrimination / Harassment / Retaliation

    We have experience handling all aspects of claims brought under the various anti-discrimination statutes, including Title VII, the Age Discrimination in Employment Act (ADEA), the Fair Employment and Housing Act (FEHA), the Americans with Disabilities Act (ADA). We counsel employers on how to respond to internal complaints of discrimination and harassment, including proper investigative procedures and remedial action. We respond to charges of discrimination made to the California Department of Fair Employment and Housing (DFEH) and/or the Equal Employment Opportunity Commission, and guide employers through the conciliation process. Finally, we provide aggressive effective representation for our clients in state and federal court.

  • Disability Accommodation / Family and Medical Leaves of Absence

    It can be tricky for employers to navigate the “Bermuda Triangle” of disability accommodation, family and medical leave, and workers’ compensation laws. We have years of experience counseling employers on how to best meet these complex, and sometimes conflicting, obligations, and help prevent problematic cases from escalating into litigation.

  • Wage and Hour Law Compliance and Litigation

    We provide employers with the information they need to comply with California's extraordinarily complex wage and hour laws. We also have extensive experience in representing clients in proceedings before the State Labor Commissioner (such as wage claims, or appeals of citations issued by the Division of Labor Standards Enforcement), and appeals of administrative decisions to the trial and appellate courts.

  • Workplace Safety / OSHA

    We have extensive experience providing employers with advice concerning compliance with both federal and state occupational safety and health regulations. We also represent employers who have been cited for alleged violations of the regulations, negotiating settlements with the California Division of Occupational Safety and Health (DOSH) and/or appealing citations to the Occupational Safety and Health Appeals Board.

  • Employment Tax Audits and Appeals

    California’s Employment Development Department (EDD) has been very active is seeking back taxes from employers who utilize the services of independent contractors, targeting industries such as transportation that use large numbers of contract workers. We assist employers throughout the audit, assessment, and appeal process, including representation before the California Unemployment Insurance Appeals Board (CUIAB) and in Superior Court.

  • Trade Secrets, Unfair Competition, and Non-Compete Agreements

    We both prosecute and defend claims of trade secret theft and unfair competition under California’s Business & Professions Code. We also counsel both employers and employees on the enforceability of so-called “non-compete” agreements under California law, and the protection of trade secrets and other intellectual property.

  • Workplace Violence

    We help employers address the threat of violence in the workplace through a comprehensive approach that includes advance planning and preparation, integration of the plan into the employer’s injury and illness prevention policy, consultation with security and threat assessment experts, and emergency injunctive relief.

  • Workers’ Compensation / Labor Code §§ 132a and 4553 Claims

    We defend employers against allegations of unlawful discrimination against workers who have filed workers’ compensation claims, working in coordination with the employer’s regular workers’ compensation counsel. We also defend employers who have been accused of causing a workplace injury through serious and willful misconduct, often providing simultaneous representation before both the Division of Workers’ Compensation (DWC) and the Occupational Safety and Health Appeals Board (OSHAB).

  • Employment and Severance Agreements

    We represent both employers and executives in the negotiation and drafting of employment and severance agreements, as well as independent contractor agreements.

  • Employee Handbooks and Employment Policies

    We review employee handbooks and written employment policies and procedures to ensure they are compliant with the law and current best practices. We also advise employers regarding the pros and cons of various optional policies, such as employee drug and alcohol testing, electronic communications, employee privacy, background investigations, and telecommuting.

  • Neutral Workplace Investigations

    Employers often seek assistance in investigating allegations of workplace misconduct where it is helpful (or even imperative) to have a neutral third-party conduct a prompt, thorough investigation. We have provided our services on numerous occasions, investigating alleged misconduct ranging from garden-variety sexual harassment to financial fraud.

Copyright © Cahalan & Associates 2008. All rights reserved.

Web Hosting by XO Communications

2100 Northrop Avenue
Suite 900
Sacramento, CA 95825

ph: (916) 483-8600
fax: (916) 483-8607