Boucher Labor & Employment Law provides management-side representation on labor and employment law matters, including providing counsel on all legal aspects of employer-employee relations. We represent California employers of all sizes in private, public, and nonprofit sectors with innovative, responsive, and practical advice and representation. In addition, our team of seasoned legal, human resources, and management professionals collectively posses over a century of experience in serving employers and organizations of all sizes, and our robust consulting practice extends to a full suite of HR and management services to compliment our legal expertise.
Labor Relations & Negotiations Services
Our expertise includes representing employers in a union environment, including serving as chief spokesperson in labor negotiations, advising unionized employers on changes to existing terms and conditions of employment and/or the effects of those changes, and the meaning and application of labor contract provisions. In addition, we represent both public and private employers on all stages of labor relations matters including grievances, arbitrations, and unfair labor practice (ULP) charges. We also provide labor relations and negotiations training to management and HR personnel.
General Employment Law & Advice on CalPERS Matters
We regularly counsel employers regarding a variety of employment law issues, including compliance with the applicable federal and state statutes regarding FLSA compliance and audits, ADA/FEHA disability accommodations, leaves, benefits, separation agreements, workplace violence, alcohol and drug testing requirements (including marijuana use), privacy rights, and free speech issues. We also draft and review personnel policies, procedures, and employee handbooks for employers of all sizes. For public employers, we also provide advice on CalPERS-related matters.
Workplace Misconduct & Harassment Investigations
As experienced workplace investigators, we have conducted investigations related to workplace misconduct, sexual harassment, race discrimination, retaliation, sexual orientation harassment, theft, fraud, favoritism, misconduct, and abusive conduct. In addition, Christopher completed extensive training from the Association of Workplace Investigators and passed the rigorous examination to earn the Certificate Holder (AWI-CH) credential, in addition to serving as part-time faculty for the Association’s Training Institute for Workplace Investigators.
Disciplinary Appeals & Arbitrations
We provide advice on due process rights and meeting the factors of "just cause" for public and private employers with collective bargaining agreements and/or civil service rules. We are skilled advocates in representing employers in all types of disciplinary proceedings and administrative appeals, including grievance hearings, arbitrations, civil service or merit system board appeal proceedings, board of adjustments, and other types of appeal mechanisms.
Administrative Agency Representation
We represent public and private employers before a number of federal and state administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the California Department of Fair Employment and Housing (DFEH), Unemployment Insurance Appeals Board, U.S. Department of Labor, California Labor Commissioner's Office, California Division of Occupational Safety and Health (Cal/OSHA), and the California Public Employment Relations Board (PERB).
Workplace & Gun Violence Restraining Orders
An employer can file for a workplace violence restraining order to protect an employee from experiencing violence or threats of violence in the workplace. The order can last up to three years and can also protect certain family or household members of the employee or employees at the employee’s workplace. We have experience serving as counsel to assist employers in obtaining court orders prohibiting unlawful violence or credible threats of violence against their employees. Learn more.
Brown Act & Public Records Act Compliance
For public agencies, we provide advice and consultation concerning compliance with the Ralph M. Brown Act ("Brown Act") and the California Public Records Act ("CPRA") related to personnel matters and the applicable exceptions related to public employment, labor negotiations, and personnel and other privacy exceptions to the statutes. We also represent public agencies in evaluating public records act requests and providing responses to requests from the public and/or the media.
Work Together Agreements
A work together agreement is a written agreement between employees to cooperatively work together, especially if they have had conflicts or disagreements in the past. With the help of an experienced facilitator, a work together agreement can be an effective tool to resolve workplace conflicts, and can hold parties accountable to their commitments. We have drafted work together agreements for employees and supervisors to promote cooperation in the workplace.
Mediation & Conflict Resolution
As a trained mediator, Christopher has completed the requisite training to serve as a mediator in compliance with Sections 466 – 471.5 of the Business and Professions Code, and he regularly utilizes his mediation training to achieve settlements on labor and employment matters, including settlements reached as a result of litigation and administrative agency complaints. In addition, he earned a Certificate in Mediation and Conflict Resolution from the California State University, Hayward.
HR Consultation & Support Services
Our team of highly experienced Consultants offer our clients with a variety of HR consulting services, including classification and compensation surveys, labor and benefits costing, management coaching and support, leadership development, executive performance evaluations, HR data analytics and performance metrics, organizational assessment, and employee training and development services. Many of these services are offered in conjunction with our scope of legal services. We invite you to meet our team of consultants. Learn more.
EEOC Conciliation or DFEH Affirmative Relief Training
For employers who executed a conciliation agreement with the Equal Employment Opportunity Commission ("EEOC") or settlement agreement with the California Department of Fair Employment and Housing ("DFEH"), we are able to provide the requisite training related to federal EEO laws and/or California statutes governing harassment, discrimination, and retaliation. Our training also provide practical examples and optional modules on emerging issues such as unconscious bias and bystander intervention training. Learn more.
HR Training & Speaking Engagements
As a sought-after trainer, Christopher has given management training programs on a variety of issues including harassment and discrimination, statutory leaves and disability accommodations, workplace investigations, ethics, labor negotiations strategies, bullying, due process rights, employee misconduct and discipline, violence in the workplace, and workers’ compensation fraud. He is a frequent speaker at a variety of conferences on labor and employment law topics, including legal updates and keynotes. Learn more.
Executive Search & Recruitment Services
Led by Jill Engelmann, Senior Practice Leader of our firm's Executive Services Division, our team has the expertise to offer a full range of talent acquisition services from Executive Search to general recruitment and selection for a broad range of clients across multiple sectors. Our extensive network, modern recruitment methods and platform also reaches out to candidates quickly, and we take pride in finding the best hires for our clients.
Classification & Compensation Analysis
With our team's collective decades of experience in conducting classification and compensation studies, desk audits, and job analyses, we partner with our clients to carefully manage job analysis that is both legally defensible and everyday sensible, along with our exceptional insights and perspectives in understanding the complex relations among in which they contribute to organizational performance.
Management Practices & Consultation
Our Management Practices Division focuses on partnering with your organization to provide consultation and support on operational needs, such as occupational health and safety consultation, FEMA grants applications, workflow and standard operations procedures development, strategic planning, and emergency preparedness and incident management.