Richard S. Falcone specializes in the representation of management in all aspects of employment and labor law and litigation. He regularly appears before state and federal courts and administrative agencies and focuses his practice on:
- Wrongful termination
- Discrimination claims of every nature
- Sexual harassment
- Wage and hour
- Trade secrets misappropriation and unfair competition
- Labor relations
- Occupational safety and health
- Workplace violence restraining orders
Rich also counsels and advises employers on all issues arising under state and federal employment and labor relations laws, including:
- Litigation avoidance
- Employee terminations
- Workplace investigations
- Drafting compensation and severance packages
- Protection of proprietary information
- Reductions-in-force
- Workplace violence
- Employee training
Rich has achieved many significant results in litigation on behalf of his clients during his 30 years of practice, including several cases in which he represented a national grocery chain. In the first, he obtained a motion to declare the plaintiff a vexatious litigant, and in the second, the court dismissed the case and awarded the client recovery of some of its attorney's fees. He also handled a case for a major bank, in which he obtained the dismissal of a wage and hour class action, and another in which the court granted his motion for summary judgment, dismissing the case and awarding the client recovery of its costs.
Richard is a regular speaker on various subjects, such as:
- eDiscovery
- Leaves of absence
- Sexual harassment
- Union organization issues
He also gives litigation overview presentations for human resources professionals and managers.
In law school, he was editor of the Santa Clara Law Review.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Member, Labor and Employment Law Section - American Bar Association
- Member, Labor and Employment Law Section - State Bar of California
- Member, Labor and Employment Law Section - Bar Association of San Francisco
- Member, Labor and Employment Law Section - Los Angeles County Bar Association
- Member, Labor and Employment Law Section - Santa Clara County Bar Association
RECOGNITION
- Named, Top Northern California Lawyer, Super Lawyer Section - San Francisco Magazine
- Awarded, Martindale-Hubbell AV® Peer Review Rating
PUBLICATIONS AND PRESS
- July 20, 2010Littler Press Release
SPEAKING ENGAGEMENTS
- April 4, 2013Conducting An Employment Relations Self – Audit: An Outline for Examining HR Policies & Procedures
Hiring Done Right (HDR) Webinar - December 5, 2012Staying Union-free by Understanding “The Rules of Engagement”
Hiring Done Right (HDR) Webinar - October 11, 2012What’s in Your Personnel File?
Professionals In Human Resources Association (PIHRA), Los Angeles, CA - September 20, 2012How Big of a Target is Your Company – Misclassification Issues and Their Impact on Employers
Hiring Done Right (HDR) Webinar - September 13, 2012California’s Pending Social Media Password Protection Law
Professionals In Human Resources Association (PIHRA), Los Angeles, CA - August 27, 2012How Your Decisions Impact Employment Litigation
2012 Annual Conference - Professionals In Human Resources Association (PIHRA), Anaheim, CA - August 27, 2012Employment Relations Self Audit
2012 Annual Conference - Professionals In Human Resources Association (PIHRA), Anaheim, CA - July 12, 2012Whose Law Controls When Employers Have a CHOICE OF LAW Provision in an Employment Contract?
Professionals In Human Resources Association (PIHRA), Los Angeles, CA - June 18, 2012The NLRB and the Perils of Being an Employer in 2012
Hiring Done Right (HDR) Webinar - June 14, 2012EEOS Issues New Guidance on Use of Background Checks by Employers
Professionals In Human Resources Association (PIHRA), Los Angeles, CA - June 7, 2012Although On Hold Right Now, The New NLRB Regulations Will Force Employers To Respond More Quickly To Election Petitions If The Regulations Pass Court Review
Hiring Done Right (HDR) Webinar - April 12, 2012Not Yet Banned, But Requiring Social Medial Information is a Bad Idea
Professionals In Human Resources Association (PIHRA), Los Angeles, CA - March 8, 2012Avoid Wage & Hour Liability: Know Your Obligations for Compensating Employees for “On-Call” or “Standby” Work, and “Reporting Time”
Professionals In Human Resources Association (PIHRA), Los Angeles, CA - February 9, 2012Time to Re-Check Your Social Media and Arbitration Policies
Professionals In Human Resources Association (PIHRA), Los Angeles, CA - January 19, 2012The Perfect Storm: The NLRB, The Obama Agenda and Poor Economy
Annual Legal Update - Professionals In Human Resources Association (PIHRA), Anaheim, Burbank and Riverside, CA - October 13, 2011An IRS Discount for Employers
Professionals In Human Resources Association (PIHRA) - September 8, 2011Two for the Road – The Legal Case for Eliminating Performance Reviews
Professionals In Human Resources Association (PIHRA) - July 24, 2011Dukes v. Wal-Mart – What Can HR Professionals Do Now to Minimize The Risk of Class Action Lawsuits
Professionals In Human Resources Association (PIHRA) - June 9, 2011T&T Mobility V. Concepcion: Class Action Waivers are Enforceable
Professionals In Human Resources Association (PIHRA) - May 12, 2011A Tale of Two Standards – Cuiellette v. City of Los Angeles
Professionals In Human Resources Association (PIHRA) - April 14, 2011Paid Lave for Employee for Organ and Bone Marrow Donation
Professionals In Human Resources Association (PIHRA) - March 17, 2011How your Decisions Impact Employment Litigation
Professionals In Human Resources Association (PIHRA) - February 10, 2011The I.C.E. Man Commeth
Professionals In Human Resources Association (PIHRA) - January 13, 2011Independent Contractor or Employee
Professionals In Human Resources Association (PIHRA) - July 8, 2010Employment Background Checks
Los Angeles, CA - June 10, 2010Federal Contractors Must Notify Employees of Their Right to Unionize
Los Angeles, CA - May 13, 2010Unpaid Internship Programs Under Federal and California Law
Los Angeles, CA - April 8, 2010Health Care Reform: Employer Questions, Considerations and Obligations
Los Angeles, CA - March 11, 2010Emails, Social Media Sites, Employee Privacy and the Workplace
Los Angeles, CA - February 2010The Electronic Discovery Act
Los Angeles, CA
