Practice Areas
LABOR AND EMPLOYMENT LAW
We have the experience and expertise needed to resolve
all kinds of employment-related disputes.
FOR EMPLOYEES:
Kitchin Legal represents employees on an individual or class action basis who have been injured as a result of many kinds of labor law violations, including wage and hour law violations, civil rights violations, workplace harassment, wrongful termination and many other wrongful employment practices.
Wage and Hour Litigation
California and federal labor laws require employers to pay their employees fairly and timely. An employer’s obligations are set out in both California and federal law.
- Employers must pay employees at least the applicable minimum wage;
- Employers must pay overtime wages (time and a half) to non-exempt employees who work more than 8 hours in a day, or more than 40 hours in a workweek;
- Employers must pay double-time wages for working more than 12 hours in a day;
- Employers must make available to their employees rest and meal breaks; and
- Employers must maintain accurate timekeeping and payroll records for each employee.
Kitchin Legal served as lead counsel in wage and hour class actions against several nation-wide companies, including, Polo Ralph Lauren, Gap, Banana Republic and Chico’s FAS. We obtained compensation for our clients(over 60,000 class members) in each of these cases.
Civil Rights Litigation
Under California and federal law, employees have the right to work in environments free from discrimination and harassment based on race, national origin, religion, age, sex, sexual orientation, disability, marital status. Under these laws employers are required to:
- Conduct quick and thorough investigations of all claims of discrimination;
- Take prompt and thorough steps to help prevent discrimination and harassment against their employees; and
- Refrain from retaliating against any employee who complains about illegal conduct within the workplace, regardless of the nature of the illegal conduct
Employers who fail to abide by these laws can be liable for damage, including lost wages, future wages and emotional distress. Claims for punitive damages in certain employment discrimination cases are common.
FOR EMPLOYERS:
We help employers develop policies and procedures that comply with the complex requirements of California and federal labor laws. We help them minimize the risk of employment-related litigation through the implementation of policies that meet all applicable requirements of law.
Kitchin Legal counsels, advises and represents management in all aspects of labor and employment law, including:
- Fair employment practices/employment discrimination
- Wage and hour compliance
- Workplace safety, violence and substance abuse
- Employment litigation
- Administrative proceedings
- Wage & hour collective action litigation
- Disability and leave management
- Preventive practices & litigation avoidance
- Union-related matters
- Collective bargaining
- Grievances & arbitration
- Class actions
- Management and employee training
- Independent contractor versus employee classifications
- Family Medical Leave Act rights
- Whistleblower and retaliation laws
- Harassment and discrimination claims based on race, national origin, religion, age, sex, sexual orientation, disability, marital status
- Contract rights and claims
- Severance agreements
- Confidentiality agreements
- Non-compete agreements
PERSONAL INJURY LITIGATION
When a person is injured by the negligent or intentional conduct of someone else, that injured person is entitled to fair and just compensation for his or her injuries. For nearly twenty years, Patrick Kitchin has been involved in the prosecution and defense of personal injury cases involving serious and catastrophic injuries and has an established record of success.
Kitchin Legal generally represents injured persons on a contingent-fee basis, which means that our clients don’t pay any attorneys’ fees unless we obtain a positive result.
PRODUCT LIABILITY LITIGATION
Product manufacturers and distributors are required by law to make their products safe for the public. Yet, according to the U.S. Consumer Products Safety Commission, consumer products injure over 29 million people in the United States every year.
Kitchin Legal prosecutes and defends cases involving defective products, including automobiles, power tools, drugs and medical devices, wheelchairs, elevators, escalators, scaffolds and various durable consumer products. Kitchin Legal’s experience working for both manufacturers and consumers makes us ideally suited to handle product liability cases for injured consumers.
BUSINESS LITIGATION
Many business disputes can be avoided through careful planning and the thoughtful evaluation of potential problems before they happen.
Patrick Kitchin has been a trusted advisor to businesses across California for 20 years and has represented companies in litigations involving breach of contract, trade secret disparagement, fraud, and breach of fiduciary duties.