Winston represents public and private employers in a variety of industries in both federal and state court and before administrative agencies regarding discrimination (including race, sex, age, national origin, sexual orientation, and disability), harassment, retaliation, breach of contract, wrongful termination, whistleblower retaliation, equal pay claims, trade secret misappropriation, and numerous other types of employment law matters. Winston’s practice also includes defending clients against wage-and-hour class and representative actions involving off-the-clock claims, meal and rest breaks, wage statement issues, overtime pay, bonus pay, regular rates of pay, piece-rate pay, reimbursement claims, misclassification claims, other claims brought under California’s Labor Code, the California Private Attorneys General Act, and the federal Fair Labor Standards Act.
In addition to his litigation practice, Winston counsels employers on a wide variety of employment issues, such as hiring practices, employment policies, disability accommodations and leave administration, employee and contractor classification issues, employment contracts, enforceability of covenants not to compete, trade secret misappropriation, leaves of absence, terminations, and reductions in force. An integral part of Winston’s practice involves working with clients to develop practices and policies aimed at averting class, collective, and PAGA actions, and advising clients effectively on risk management and class action avoidance strategies.
Publications
"U.S. Supreme Court Finds That Individual PAGA Claims Can Be Compelled To Arbitration," Labor & Employment Law Alert (June 2022)
"California Supreme Court Prohibits Rounding for Meal Periods," Labor & Employment Law Alert (March 2021)
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Presentations
"The Future of Employment Arbitration Agreements; New Wage and Hour Class and PAGA Decisions," Mid-Year Labor & Employment Seminar (July 2022)
"Remote Workplace vs. In-Person Workplace - Risks and Rewards," Mid-Year Labor & Employment Seminar (July 2022)
"New Employment Laws for 2021," 2021 Annual Labor & Employment Webinar (January 2021)
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