James Michalski has practiced labor and employment law since 1995. His practice consists of the following activities:
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Represent management in business and employment matters of all kinds for a diverse clientele ranging from major national corporations to mid-sized businesses. Representative clients cover a cross-section of industries including technology, management consulting, health services, education, communications, lumber, construction, manufacturing, printing, metals forging, and hospitality (country clubs).
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Represent management in a full range of traditional labor relations matters, such as the negotiation of collective bargaining agreements, arbitration of grievances, response to union organizing campaigns, and trial of unfair labor practice claims and representation case hearings before the National Labor Relations Board (“NLRB”) and its Administrative Judges Division.
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Represent management in state and federal courts (including successfully first chairing jury trials) in cases involving claims of wrongful termination, discrimination and harassment on the basis of sex, sexual orientation, race, national origin, disability, (including failure to engage in an interactive process about accommodating a disability); as well as related claims of breach of implied employment contract, fraud, negligent misrepresentation, interference with contract or prospective economic advantage, unfair competition, other unfair business practices, misappropriation of trade secrets, breach of non-competition and non-solicitation covenants, violation of State and Federal wage and hour laws, and violation of State and Federal civil rights laws.
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Represent management before federal and state administrative agencies including the NLRB (as noted), EEOC, U.S. Department of Labor, California Department of Fair Employment and Housing, California Division of Labor Standards Enforcement, California Labor Commissioner, and Workers’ Compensation Appeals Board (“WCAB”) (before the WCAB, California Labor Code Section 132a and Section 4553 claims only).
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Draft employee handbooks, employment agreements, severance agreements, consultant agreements, independent contractor agreements, and employment policies of all types.
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Provide ongoing advice daily to clients on all types of personnel questions from hiring through termination (for clients with and without collective bargaining relationships).
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Conduct in-house training on all types of harassment and discrimination, accommodating disabilities, wage and hour issues, affirmative action, and sensitivity and diversity.
Mr. Michalski has been a Faculty Professor from September 2000 to the present at the University of Phoenix. He teaches courses to working adult students in the following subject areas: Employment Law, Legal Aspects of Human Resources Management, Business Law, Commercial Law, and the American Legal System.
Prior to practicing law, Mr. Michalski served as a Judicial Law Clerk in the United States District Court, Central District of California (Los Angeles), working for The Honorable John G. Davies. His experience involved drafting orders for the Court and analyzing memoranda of the parties in resolving all types of civil and criminal substantive and procedural issues.