Human Resource Policies & Procedures, EEOC claims, OFCCP Audit Defense


Fox, Wang & Morgan specializes in all areas of employment law, helping businesses of all sizes navigate a complex legal system. Our lawyers have successfully defended lawsuits in federal, state, and administrative courts around the country. In addition to being trial-ready, our lawyers are skilled in the arena of private arbitration. We strive towards a successful and early resolution and have a proven ability to limit the claims and disputes at issue.

The partners at Fox, Wang & Morgan also know how to help you steer clear of costly and unpredictable litigation. We provide strategic counseling and proactive training to help you prevent or lower corporate risk.

Click on a link below for more detail regarding our services.

Discrimination and Harassment Claims

Businesses of any size find it a challenge to keep up with the most recent shifts in discrimination and harassment laws. Every year, courts and administrative agencies reinterpret and redefine employment laws that impact your personnel. We help you stay current. Among others, we defend claims arising under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, as well as the analogous state laws, such as California’s Fair Employment and Housing Act.

Our expertise in discrimination and harassment lawsuits extends from the Bay Area to throughout the nation. We have the distinction of having defended two of the largest disability discrimination lawsuits ever filed; one involving 997 consolidated individual disability discrimination lawsuits, and the other involving claimed damages and remedies exceeding $3 billion- the largest civil case ever tried in the federal courts in Idaho.

As a recognized authority in discrimination and federal contracting law, Fox, Wang & Morgan also maintains a national practice on behalf of employers in the federal contracting arena.

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Wrongful Termination and Retaliation

Terminating an employee is one of the least agreeable aspects of doing business. The only thing more painful, disruptive and costly is being faced with wrongful termination and/or retaliation claims. Fox, Wang & Morgan has a successful track record of helping companies dispose of these claims before they go to trial. During deposition, our lawyers concentrate on establishing the existence of an intervening basis for termination. Our goal is to reach a successful resolution that spares clients the wasted time, resources, and stress of litigation.

This is an area of the law where prevention is often the most efficient course. As your employment law advisors, we will guide you through the termination process and point out the steps to take to avoid retaliation lawsuits, including:

  • documenting performance issues
  • properly investigating complaints
  • drafting severance agreements and releases of claims

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Wage and Hour Disputes

Decades of experience in wage and hour disputes have streamlined our defense efforts so that your business receives the maximum protection at the most reasonable cost. Our firm is comprised of some of the state’s leading experts in the system. Fox, Wang & Morgan attorneys represent employers in defense of a wide variety of wage claims, including:

  • Missed Meal and Rest Breaks
  • Unpaid Overtime and Overtime Exemptions
  • Recordkeeping Obligations
  • Minimum Wage Requirements
  • Misclassification of Independent Contractors
  • Contract Claims for Commissions and Wages

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Class and Collective Actions

When it comes to class action lawsuits, we understand that what works for the Fortune 100 employer may not suit a smaller employer. We deliver an efficient and cost-effective defense, customized to suit each client’s unique needs. For larger companies with in-house resources, we serve as an extension of the in-house team. For clients without in-house legal departments, we assume the role of an in-house attorney by gaining first-hand knowledge of our client’s business.

For businesses of all sizes, Fox, Wang & Morgan brings decades of experience handling various types of class and collective actions under both federal and state laws, including defending:

  • Government Contractor Obligations before The OFCCP
  • Race Discrimination Claims
  • Wage-Hour Class Actions
  • Overtime and Unpaid Commission Claims

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Trade Secrets and Competition

One of the biggest issues employers face in today’s marketplace is the constant mobility of their workforce. The only way to ensure your competitive advantage is by protecting your business’s trade secrets and strategies. Fox, Wang & Morgan works proactively to help you establish the procedures and guidelines that will guard your trade secrets, as well as protect you from competitor claims of poaching or misappropriation.

Our attorneys will also help you draft necessary agreements, such as:

  • confidentiality agreements
  • work for hire agreements
  • severance agreements
  • non-solicitation agreements
  • and non-compete agreements (when permitted)

When litigation is necessary, our team moves quickly to protect your interests, handling the technological issues unique to trade secret law, from e-discovery issues to protecting leaks of sensitive information.

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Arbitration and Mediation

Litigation can be costly and time consuming. Consequently, more and more employers are opting to use alternative dispute resolution (ADR). From arbitration to mediation, Fox, Wang, & Morgan attorneys can guide employers through the ADR process to a successful resolution of the case. We also advise companies about drafting ADR agreements, including those that limit class actions.

We conduct formal training sessions to help prepare you for mediation, including a detailed presentation regarding what to expect throughout the mediation process and how to “outfox” the mediator.

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OFCCP Compliance Advice and Defense of OFCCP Audits

Fox, Wang & Morgan is nationally recognized as the leading employer advocate in OFCCP compliance. We advise companies on issues relating to government contract coverage, affirmative action plan standards, and compliance with OFCCP regulations and procedures. We also regularly defend both OFCCP audits and OFCCP lawsuits. Our Firm has represented federal contractors in audits in every OFCCP region, and remain widely-known within OFCCP due to our continued involvement on behalf of all types of government contractors.

Our attorneys can help you:

  • Determine whether your company qualifies as a government contractor
  • Determine whether there are means by which your company can avoid becoming a federal contractor
  • Ensure that your company is in compliance with OFCCP requirements before you are audited
  • Defend OFCCP audits
  • Negotiate conciliation agreements
  • Defend OFCCP enforcement actions
  • Train your human resources personnel on compliance and recordkeeping requirements.
  • Navigate compensation analyses

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Employee Leaves of Absence

One of the most frequent and most complex HR issues companies now face is employee leaves of absence. Fox, Wang & Morgan attorneys regularly advise employers on the myriad of intersecting state and federal statutes, including the FMLA, ADA, CFRA, USERRA, and FEHA. Our firm also frequently defends businesses in both administrative forums and in the courts.

We are able to help you with issues such as:

  • Maternity leave
  • Medical leaves of absence
  • Intermittent leaves of absence
  • Reasonable accommodation under the ada
  • Drafting appropriate policies
  • Leave forms

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Internal Investigations of Employee Claims

If any of your employees complain of discrimination, harassment, or retaliation, California state law requires the company to undertake a prompt and impartial investigation. Fox, Wang, & Morgan attorneys have extensive experience interviewing reluctant witnesses, obtaining key evidence, and assessing the credibility of the witnesses involved.

Our internal investigations determine:

  • Whether any wrongdoing occurred
  • The company’s potential liability
  • How to best remedy the situation
  • How to avoid a lawsuit

Throughout the process, we strive to ensure that the investigation is done as confidentially as possible and with minimal interruption to your business.

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Sexual Harassment Prevention Training

California law mandates that all California employers with 50 or more employees create an anti-harassment policy and regularly provide sexual harassment training to their California managers and supervisors. Providing sexual harassment training is not only required by California law, it is also crucial to limiting potentially costly awards in sexual harassment cases. Fox, Wang & Morgan attorneys are highly experienced in drafting anti-harassment policies and delivering effective and compliant sexual harassment training sessions for both small and large companies. We tailor our seminars to the specific needs of our clients, and are able to perform training sessions either in person, or via a web-based seminar.

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Review and Drafting of Employment Policies, Manuals, and Contracts

Whether you have existing handbooks and policies in need of review, or need new ones drafted, Fox, Wang & Morgan customizes materials to suit the legal needs of both small and large employers. We are also able to draft a variety of employment contracts such as:

  • Employment Agreements
  • Severance Agreements
  • Confidentiality Agreements
  • Alternative Dispute Resolution Agreements Settlement and Release Agreements
  • Work-For-Hire Agreements

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