Employment & Labor Relations

Entrepreneurs, small business owners and management for small business (including HR managers); generally, employers with 25 - 200 employees.

• Mediation/Alternative Dispute Resolution (ADR)

• Age Discrimination
• Americans With Disabilities Act (ADA)
• Compensation, Benefits, & Pensions
• Consolidated Omnibus Budget Reconciliation Act (COBRA)
• Disability Discrimination
• Discipline/Suspension
• Emotional Distress
• Employee Polygraph Protection Act (EPPA)
• Employee Retirement Income Security Act (ERISA)
• Employee Rights
• Employment Contracts
• Equal Pay Act (EPA)
• Fair Credit Reporting Act (FCRA)
• Fair Labor Standards Act (FLSA)
• Family Medical Leave Act (FMLA)
• Federal Employer's Liability Act (FELA)
• Occupational Safety & Health Act (OSHA)
• Older Workers Benefit Protection Act (OWBPA)
• Pregnancy Discrimination Act (PDA)
• Race Discrimination
• Racial Harassment
• Sarbanes-Oxley Act of 2002
• Section 1981 of the Civil Rights Act of 1866
• Severance Packages
• Sex Discrimination
• Sexual Harassment
• Termination
• Uniformed Services Employment & Reemployment Rights Act
• Wage & Hour Laws
• Whistleblower
• Worker Adjustment & Retraining Notification (WARN) Act
• Workers' Compensation
• Wrongful Termination

• Labor Arbitration

CA, Dec 1994
Bar Number: 173571

California U.S. Court of Appeals 9th Circuit;
U.S. District Court, Eastern District of California;
U.S. District Court, Northern District of California;
U.S. District Court, Central District of California

California Bar Association;
Sacramento County Bar Association;
Placer County Bar Association;
SAHRA (Sacramento Area Human Resources Association);
Techoire;
Roseville Chamber of Commerce

Interpretation of some of these laws change and are redefined more often than we might like. A good deal of my continuing education work is aimed at staying current with these laws in general and California's laws, which are tremendously dynamic, in specific.

Courses taken:

• Cross Examination: Techniques and Evidentiary Issues for the Experienced Litigator - 6/6/2008
• Litigation Review (CEB) - 1/19/2008
• Legal Ethics Update - 1/19/2008
• The Trusted Lawyer - 1/17/2008
• The Persuasive Lawyer - 1/17/2008
• Real Evidence for the Trial Practitioner (Lorman) - 11/2/2007
• Do's and Don'ts of Employment Mediation" - 4/25/2006
• Privacy Law: What Every Lawyer Should Know - 10/22/2005
• AB 1825 -- Effective and Interactive Sex Harassment Training - 9/27/2005
• Buy/Sell Agreement for California Businesses - 1/28/2005
• Identifying Bias/Attorneys and Addiction - 1/28/2005
• Mergers &Acquisitions Advance Course - 10/29/2004
• Evolving Issues in Unfair Competition Law - 4/20/2004
• Financing California Businesses in a Changing Market - 12/13/2003
• Negotiating and Drafting Intellectual Property License Agreements - 12/13/2003
• Taking and Defending Effective Depositions - 11/5/2003
• Identifying and Using Insurance Coverage - 10/18/2003
• Preparing for, Taking and Using Depositions - 10/17/2003
• Federal Income Taxation of Pass Through Entities I - 11/2/2002
• Federal Income Taxation of Pass Through Entities II - 11/2/2002

Courses taught:

• Lorman Seminars, Stockton, "CA Time Off: State and Federal Laws on Employee Leaves" - 3/11/2008
• CAPPA, Radisson Hotel Sacramento, "The Future of Alternative Payment Providers (IC v. employee)" - 2/13/2008
• South Placer Employer's Advisory Council, Orangevale, CA, "How to Minimize the Risk of Wrongful Termination" - 11/13/2007
• Scott & Baldwin CPA's, Roseville, CA "Should I 1099 or W-2 My Worker" - 8/16/2007
• Lorman Seminars, Stockton, CA, "Advanced FMLA Seminar" - 8/17/2006
• Public Radio (Need Station), 5 Stations, Jeffrey Callason, Host "Insight" talk radio: "Employee Privacy in the Workplace re ‘public records'" - 4/25/2006
• Lorman Seminars, Stockton, CA, "Employment Related Records in California" - 12/2/2004
• Lorman Seminars, Stockton, CA, "Employment Related Records" - 12/9/2003
• South Placer Employer's Advisory Council, Roseville, CA, "Worker's Compensation" - 7/15/2003
• Lorman Seminars, Stockton, CA, "Family and Medical Leave Act" - 6/12/2003
• Roseville Chamber, Roseville, CA, "Year End Planning Forum, Employment Law" - 11/15/2001
• Lorman Seminars, Stockton, CA, "Employment Records Seminar" - 10/10/2000
• California Society of Accountants, Sacramento, CA, "Employment Law Basics" - 9/29/1998

1. The Rise of the Independent Contractor in the Information Age - But Not if the Government Can Help It - The Do's and Don'ts of Outsourcing the Help (first published August 2008)
2. Lawyers, Lawsuits & Liability - What Every Owner Should Know To Protect Their Business. The Four Most Important Reports You Will Ever Read About How To Protect Your Business (first published April 2007)
3. Avoid Wiping Out Your Small Business from a Wage & Hour Class Action Lawsuit - A Practical Guide to the Perils of Ignoring the Mundane Laws of Payment of Wages (first published January 2007)
4. Avoid Sexual Harassment Liability Through Effective Policies and Training - A Practical Guide to Keeping Your Supervisors on the Payroll While Saving Your Company $ (first published March 2006
5. How to Defeat Employee Lawsuits Before They Ever Happen - A Practical Guide to the Top Ten Employee Lawsuits and How to Avoid Them (first published January 2006)
6. 10 Biggest Mistakes Businesses Make in Choosing Their Lawyer! (first published May 2002)
7. New Case Law Defeating Meal Period Class Actions Could Be Short-Lived (August 2008)
8. Management's Personal Liability for Retaliation Held in Check (July 2008)
9. Supreme Court Slams Workplace Door On Cannabis! (February 2008)
10. Happy New Year From the State of California -- Minimum Wage Increased! You May Need to Give Your Exempt Employees a Raise! (January 2008)
11. California High Court Increases Rest & Meal Penalty Impact for Employers - Rest and Meal Period Compliance Just Got Even More Critical (July 2007)

One suit that slips through the net can result in the demise of a small business.

Actual cases handled:

Wage and Hourly Class Action Defense: This case was filed by three employees against three separate corporate employers for overtime violations ("working off the clock") and failure to provide rest periods and meal periods. The three "class representative" employees filed the class action on behalf of approximately 670 other current and former employees. Money demand in complaint was $7.9M. On the eve of class certification motion, and after extensive discovery as to class issues, the case settled in mediation before a high profile mediator for pennies on the dollar (due to client confidentiality we cannot disclose amount). Employer clients were very happy with the result considering the alternative could have cost them their respective companies.

Restaurant Wage Claim Defense: This case involved a franchisee restaurant employer regularly employing only 4 employees including a "general manager" (GM). GM worked closely with owner for over eight years. GM quit and filed wage claim with the California Labor Commissioner for unpaid overtime going back three years (the statute of limitations on California wage claims). The claimed amount was $45,000. The case was resolved at a Labor Commissioner conference for a small amount (due to client confidentiality we cannot disclose amount) with minimal time and effort and attorney's fees.

Trade Secrets and Unfair Competition: This instance included a small business specializing in salt water fish tank maintenance. I was discovered that long time employees with routes of private homes and business customers not generally known to the public were diverting customer business to their own private side business. The employment of these people was terminated and Vision Law Corporation filed complaint for misappropriation of trade secrets and unfair competition among other claims. Within two weeks, the former employees entered into settlement favorable to the employer and have behaved themselves since.

Proper Handling of Trade Secrets and Competition: Insurance agents left a big Insurance brokerage firm to start their own business and decided to compete against their former employer. The big insurance company had an active lawsuit against other former agents who had left about year prior. Vision Law counseled the spinoff company on the law of misappropriation of trade secrets, unfair competition, solicitation versus announcement, and fair competition. The spin off avoided being named as a defendant in a trade secret misappropriation and unfair competition lawsuit. The spin off company enjoys a positive competitive relationship with the big insurance company because they handled the departure properly and within the law.

Leave of Absence and Reasonable Accommodation Consultation: A tiny restaurant employer with six regular employees had a three year employee with performance and attitude issues for last two years. The employee took a pregnancy leave of absence. Three months later, the employee demanded her job back and "lactation accommodation" (as is provided under California law). I closely advised this California employer on all the "ins and outs" of California law on pregnancy leave of absence and lactation accommodation. Currently, employer has avoided legal issues (lawsuit) with this employee.

3

California

I founded Vision Law Corporation to help entrepreneurs, small and medium business owners succeed in business. Vision proactively develops client relationships and protects clients using legal tools that minimize litigation exposure without breaking the bank.

My practice is focused on employment and labor law. I have defended over 40 employment litigation or arbitration cases for employers such as:
Safeway Inc.,
24 Hour Fitness,
NEC Electronics,
Hewlett-Packard Company,
Packard Bell/NEC,
Pep Boys,
State Compensation Insurance Fund,
Crystal Bottling Company,
Heritage Propane Corporation,
Autozone
and Elliott Homes.

I am passionate about making Fortune 500 counsel and representation available to the small business owner.

Palmer Disario Kazanjian Holden, LLP, Attorney, 2000

Littler Mendelson, Attorney, 1994 - 2000

KPMG Peat Marwick, Staff Accountant, 1987 - 1990

O'Brien/KMI, Information Systems Manager, 1990 - 1991

None

Nina Shaffer

(916) 780-1921

Monday to Friday
8:00 a.m. to 5:00 p.m.

For Emergency After Hours Contact (916) 300-8543.

Yes

No

Vision's philosophy is to move away from the traditional billable hour (i.e. hourly fees) as much as possible. We offer several innovative billing programs to do so. We offer a "Predictable Fees Program" SM (PFP) where we provide unlimited employment and labor law telephone advice, simple legal research and document review for a flat monthly rate. We also offer a "Share In The Risk Litigation Defense Program" SM for companies and management where if we win the case for your business we receive our full litigation rate; if we lose we take a pay cut (20% generally and 40% for PFP clients). We offer flat rates on standard projects such as employee handbooks and other policies and standard agreements.

$250.00 to $275.00 per hour. We offer traditional hourly rates for those clients who prefer that method and for work that we cannot reasonably estimate time and costs.

Generally speaking, we consider the "initial consultation" a "marketing meeting" for which no fee is charged. The first meeting whether in person or by telephone is an opportunity for us to get to know each other and to see if there is a "fit."

We generally require a retainer only for litigation matters (although we may require a retainer for a significant non-litigation project). The typical retainer for a litigation defense matter is between $7,500 - $15,000.