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Dana Kravetz
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Michelman & Robinson, LLP’s (M&R’s) Labor & Employment Department counsels clients on labor and employment issues and takes a creative and aggressive approach toward litigation.

We carefully consider our clients’ objectives to ensure they thoroughly comprehend all employment-related laws. We craft strategies that align with our clients’ business goals in a vast array of industries; including retail, hospitality, health care, insurance, education, manufacturing and transportation. We frequently perform workplace audits and compliance reviews, create handbooks and operations manuals, conduct training sessions, and help employers structure their organizations so as to maximize efficiency. We work closely with our business clients to tailor their policies, practices and procedures to minimize the risk of potential lawsuits.

When litigation does arise, we are tactical and relentless in our approach. We have a proven track record of successfully representing employers in a broad range of disputes relating to wage and hour; benefit compensation; disability; harassment and discrimination; hiring, discipline and termination; employment contracts; privacy rights; whistleblower actions; unfair competition and trade secrets; union organizing and collective bargaining.

Our Labor & Employment Department has obtained unprecedented results when representing clients in high-stakes class action employment litigation. Our attorneys frequently obtain summary judgments and settle multi-million dollar cases for nominal amounts. Our cutting edge defense strategies have created new law and clarified the application of California unfair competition codes, as well as the Fair Labor Standards Act.

We have a reputation for resolving cases efficiently. Our attorneys are skilled and tenacious, prevailing on behalf of clients in state and federal courts, as well as with numerous administrative agencies. We are also avid arbitrators and mediators, stepping in to achieve favorable outcomes when trial can be avoided. 

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Areas Of Expertise

  • Administrative Agencies

    M&R attorneys regularly represent management in labor and employment investigations and audits before state and federal agencies. We adeptly counsel and represent clients on matters before the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), the Department of Fair Employment and Housing (DFEH), the Division of Labor Standards Enforcement (DLSE), and the Employment Development Department (EDD), among many others.

  • Compliance Programs

    We routinely advise and counsel clients on a myriad of laws and routinely provide industry-specific compliance programs. We prepare employee handbooks and participate in corporate due diligence efforts.

  • Employee Benefits & Compensation

    Our Labor and Employment attorneys create, implement and maintain employee benefit plans and counsel employers regarding all types of compensation. We offer sophisticated legal strategies by assisting and advising our clients on qualified retirement plans, incentive plans, equity based compensation arrangements, employee stock ownership plans and welfare packages that are in full compliance with federal and state regulations. 

  • Employment Practice Liability Insurance

    We work with clients to make sure they protect themselves and obtain the right Employment Practice Liability Insurance (EPL). EPL provides coverage to employers against claims made by employees alleging discrimination, wrongful termination, harassment and other employment-related issues. We also vigorously represent employers when their insurance companies refuse to pay claims.

  • Executive Employment Agreements

    We draft and negotiate executive employment agreements on behalf of public and private companies, evaluating tax implications and how particular compensation and benefit terms will be perceived by shareholders.

  • Harassment & Discrimination

    We counsel clients in workplace investigations, training and drafting of industry-specific anti-harassment and discrimination employment policies and procedures. We understand the complexities of sexual harassment and discrimination laws and the need to conduct prompt, thorough and fair investigations when allegations arise. We have extensive experience aggressively litigating claims of harassment and discrimination with unparalleled results, often obtaining summary judgment dismissals, or settling cases for nominal amounts during mediation or arbitration.

  • Hiring, Discipline & Termination

    We are highly seasoned in advising clients on all phases of the employment relationship. We counsel on optimal hiring procedures, disciplinary actions and their potential implications, and employee termination due to poor performance, misconduct or lay-offs. 

  • Labor Relations

    Our goal is to help employers maintain positive relationships with employees while meeting their business objectives. Our attorneys represent both unionized and nonunion clients across an array of industries. We negotiate collective bargaining agreements and represent clients in contract administration, grievance handling and arbitration. We take a proactive approach so businesses can avoid disputes with unions, the government and employees. We have successfully argued several matters before the National Labor Relations Board (NLRB).

  • Mergers, Acquisitions & Reduction in Force

    A host of labor and employment issues arise during mergers, acquisitions and downsizing. Improper handling of employee compensation, benefits, severance packages, pension plans, executive compensation plans, stock benefit plans and successorship issues can jeopardize these types of business restructurings. We work with clients at every stage of the process, making sure our legal solutions align with their long-term business objectives. We assist in creating benefit agreements and early retirement programs, and have extensive experience advising employers on compliance with federal and state laws so businesses can avoid problems and move forward. 

  • Preventative Services

    On a daily basis, we offer optimum legal strategies to enable employers to implement comprehensive preventive labor relations programs. We are adept at drafting employee handbooks, manuals and trade secret protection programs and advise on background checks as well as pre-employment drug testing. Understanding that employment issues are unique and industry-specific, we keep employers abreast of new legal developments that could impact their businesses. 

  • Privacy Rights

    We counsel employers on best practices for monitoring employees’ work-related activities. Our attorneys develop internal privacy protection practices for employers so they can use electronically- stored information without infringing on privacy rights. We ensure clients create online and offline policies that are compliant with federal and state privacy disclosure laws.

  • Trade Secrets & Unfair Competition

    Protecting confidential business information and trade secrets is critical to a company’s success. An increasingly mobile workforce who changes jobs frequently can pose challenges to ensuring proprietary information is preserved. We assist our clients in drafting employment agreements that contain non-competition and confidentiality covenants in order to minimize risk. We aggressively act in our clients’ best interests, helping them obtain preliminary injunctions and TRO’s against current and former employees who attempt to disclose confidential information and trade secrets to competitors. 

  • Wage & Hour

    We employ cost-effective, innovative defense strategies to address wage and hour claims and have a proven track record of successfully litigating cases under both state and federal law. We have represented clients in a vast array of industries, resolving matters pertaining to meal/rest breaks, unpaid wages, overtime, exempt misclassification and Private Attorney General Act (PAGA) claims.

  • Wage & Hour Class Action

    Our Labor and Employment attorneys have represented clients in high-stakes class action employment litigation with unprecedented results. We are have a tremendous track record at achieving summary judgments when defending class actions and settling multi-million dollar cases for nominal amounts.

  • Whistleblower Defense

    With more and more whistleblower laws, whistleblower claims are on the rise. Whether it is the False Claims Act (FCA), the Sarbanes-Oxley Act (SOX), Dodd-Frank or Dodd-Frank Commodity Futures Trading Commission (CFTC), our labor and employment attorneys craft strategies that mitigate our clients’ risk under these, and other, whistleblower statutes. We work with businesses to implement policies and procedures that demonstrate how employees can report internal violations, and advise on how to maintain those policies for optimum impact. 

  • Workplace Audits & Compliance Reviews

    We assist our clients in identifying potential sources of liability by reviewing and auditing employer workplace policies, and conducting comprehensive compliance reviews to ensure clients are abiding by all local, state and federal employment laws and regulations.

  • Workplace Safety & Health

    Workplace safety and health is of paramount importance, and has a significant impact on employee relations. We are well versed in the nuances of the Federal Occupational Safety and Health Administration (OSHA) in addition to various state health and safety regulations. We counsel employers in a myriad of industries by developing safety manuals and training protocols, and advise on record keeping requirements. We work with our clients in order to ensure they are in compliance with specific industry standards that will mitigate risk of workplace injury, illness and potential lawsuits. 

The following is a select sampling of our representative matters:

  • Breach of Contract, Fraud and Negligent Representation Litigation: A former physician employee brought arbitration proceedings against our client, a medical group, for breach of contract. M&R cross-claimed for breach of contract, fraud and negligent misrepresentation, and obtained a significant damages award by establishing that the former employee misrepresented his qualifications and intentions to the client, and engaged in a competing practice in breach of his employment contract. At the conclusion of the arbitration, the former employee’s claim was dismissed and our client was awarded nearly 15 times more in damages 15 times greater than the initial claim. The award was paid within six months.
  • Department of Insurance: Successfully defended an employer against a whistleblowing claim brought by the employee who deported the employer to the California Department of Insurance despite failing to understand regulatory distinction between commercial and personal lines.
  • Employment Counsel: Counseled two prominent Southern-California-based hospitals on workplace investigations, training and drafting of employment policies and procedures, and represented them in wrongful termination, breach of contract, employee fraud and sex/race/age/disability harassment and discrimination suits.　
  • Employment, Trade Secrets, and Business Litigation: The former regional president of a national insurance brokerage left the company, along with trade secrets, client lists and customers. The former president was allegedly entitled to a multi-million dollar buyout of his shares in the company. A lawsuit was filed against the former president for breach of contract and theft of trade secrets. It was argued that the value of those claims resulted in a complete offset of the value of the buyout of the shares. The case settled for $5,000, in favor of M&R’s clients, with an order barring the former president from use of the stolen trade secrets.
  • Executive Employment Agreements: Prepared numerous executive employment agreements involving industry-specific compensation packages for educational institutions, health care providers, financial services firms and entertainment, automotive, insurance, construction, restaurant, food and beverage companies.
  • Insurance Employment Class Action: A prominent insurance brokerage was held liable for violating California’s wage and hour overtime laws, among related issues. Facing a $42 million judgment, the client retained M&R. After conducting in-depth analysis, M&R designed a defense around the argument that the $42 million judgment should be reduced to $1.2 million because of a conflict in federal and state employment laws that were being misapplied by the plaintiffs' lawyers. Specifically, the plaintiffs contended that pursuant to California’s Business & Professions Code section 17200 (Unfair Competition Laws), it could expand the “class” under federal law. M&R countered that the United States Congress changed the law in the 1930’s, and again in 1949, to prohibit the expansion of federal law as being applied in this case. After intense litigation regarding the legislative intent, the federal court agreed with M&R’s argument, limiting the judgment to $1.2 million. On appeal, the Ninth Circuit upheld the ruling.
  • Insurance Industry Counsel: Advised insurance industry employers on numerous issues relating to independent contractors, commissions, broker compensation, theft of client lists, announcements vs. solicitation, broker of record matters, non-competition and trade secrets.
  • Labor Arbitrations; Strikes; Collective Bargaining: M&R represented major hospitals’ nursing homes and long-term care facilities in Northern and Southern California during labor arbitrations, strikes, collective bargaining negotiations and matters brought before the National Labor Relations Board.
  • Misappropriation of Trade Secrets: Successfully defended a large insurance brokerage firm in a wrongful termination case filed by former employees by establishing the plaintiffs’ wrongful solicitation of brokerage’s client. M&R won a cross-complaint for misappropriation of trade secrets, and secured a dismissal by summary judgment, and obtained $500,000 for our clients.
  • National Origin and Age Discrimination, Retaliation: While representing one of the largest national restaurant franchisees within the fast-casual space, we successfully litigated a discrimination and retaliation matter, settling for a mere 5% of the original demand. By strategically conducting key witness interviews during mediation, the mediator heard the pivotal witnesses’ account of the factual events, which led to the low settlement.
  • Retaliation and Age Discrimination: Two former employees filed separate lawsuits for identical causes of action against a well-known medical group, alleging age discrimination and retaliation. Both employees were terminated for cause, one for performance and the other for stealing. During discovery, M&R attorneys learned that the latter had potentially mishandled sensitive company documents and stolen company property. Armed with this information and with the threat of a cross-complaint against one of the plaintiffs, M&R was able to resolve both matters for a significant discount at mediation.
  • Unfair Competition: Prepared a motion for summary judgment on behalf of a major Southern California hospital when hundreds of nurses brought a $50 million unfair competition claim and alleged failure to pay overtime. M&R obtained a motion to dismiss on behalf of our clients.
  • Wage and Hour Audits: Prepared numerous wage and hour audits of restaurant industry clients, including analysis of potential unpaid overtime, meal and rest break liability, pay stub violations and related issues.
  • Wage and Hour Class Action: Defended an insurance brokerage in lawsuit brought by former employees seeking $15 million in unpaid overtime. M&R resolved the case favorably by obtaining $2 million in contributions from a third party.
  • Wage and Hour Class Action: Represented property managers in a $1 million class action lawsuit in which plaintiffs alleged they were misclassified as exempt employees and entitled to overtime, meal penalties and related damages. Successfully attacked the size of the class and established plaintiffs were bound by arbitration agreement.
  • Whistleblower Defense: Human resources director of a Los Angeles-based national meat packing plant set up her employer by hiring illegal immigrants, only to then blow the whistle on the employer for employing an illegal workforce. At our direction, the employer conducted a tactical investigation designed to establish the HR director’s involvement in hiring the illegal workforce. By seeking an early resolution through mediation prior to a lawsuit filing, damage was greatly mitigated and exposure was reduced to one tenth of what it would have been had litigation commenced.
  • Whistleblower Defense: Defended a hospitality industry vendor against a whistleblower lawsuit in which the employee claimed our client failed to comply with immigration law requirements. M&R resolved the case by establishing that the plaintiff had falsified time records and embezzled funds.
  • Whistleblower Litigation: Successfully defended an environmental consultant in an employment retaliation and discrimination lawsuit while concurrently defending a Qui Tam whistleblower case that involved a related criminal investigation. M&R attorneys regularly counsel clients and handles matters arising out of the California State Water Resource Control Board’s Office of Enforcement and involving the Underground Storage Tank Fund. 
  • Wrongful Termination Class Action: Successfully defended a large insurance brokerage firm in a wrongful termination case filed by former employees, by establishing their wrongful solicitation of brokerage’s clients. Sought and won a cross-complaint for misappropriation of trade secrets, obtaining an award of over $500,000 after securing a case dismissal by summary judgment.

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