Stephen R. McCutcheon

Steve’s clients rely on him for labor and employment counsel on practical ways to reduce exposure, avoid litigation, and make wise business decisions in the pursuit and defense of claims. Whether assisting management in developing and implementing employment policies, or efficiently resolving claims, he is sensitive to eliminating disruption so that his clients can stay focused on their business rather than litigation.

When litigation is unavoidable, Steve brings to the table 20 years of experience in labor, employment, construction, and constitutional law in California and federal courts, representing individuals, businesses, and associations.

He’s known for his work in wage and hour claims, harassment, discrimination, wrongful termination claims, trade secrets, and the day-to-day difficulties of complying with California’s employment laws. Many of his clients are in the construction industry, and a large portion of his practice includes advice and representation in all aspects of the industry, including bid disputes, contract disputes, mechanic’s liens, stop payment notices, payment bond claims, prevailing wage compliance, and contract negotiations.

Steve graduated with Great Distinction from the University of the Pacific, McGeorge School of Law.

He is licensed to practice before all California state courts, as well as the U.S. Supreme Court, the Ninth, Tenth, and Eleventh Circuit Courts of Appeals, and the Northern, Eastern, and Central federal district courts of California.

Results

• Successfully prosecuted claims of rebar subcontractor against general contractor and payment bond surety for payment arising out of large public works project.
• Defended contractor against claims by union trust funds alleging the failure to make required contributions.
• Successfully negotiated a favorable settlement and the termination of collective bargaining agreements.
• Defending contractor against claims that its employees were the cause of a forest fire.
• Counsel for company and its employee against claims of sexual harassment and wrongful termination.
• Counsel for nonprofit entities in complex litigation involving allegations of sexual abuse by employees spanning several decades.
• Represented employees in a successful challenge to policies of a government entity, which discriminated based on race and sex.
• Represented contractors in litigation striking down public contracting policies, which discriminated based on race and sex.

Publishing

• Blog: Labor Law Today
• NLRB Restores Long-Standing Precedent…Union Employers May Make Unilateral Employment Policy Changes When Consistent with Past Practices
• California Employers Must Provide Employees with Written Notice of Victim’s Rights
• Workplace Policy: Court Says Whole Foods Overreached
• New California Regulations Will Limit Use of Criminal History Information in Hiring and Retention Decisions
• The Saga Continues: D.C. Circuit Hears a Challenge to the NLRB’s New Joint Employment Test
• Does NLRB Chairman Miscimarra’s Dissent Hint at the Future of the “Ambush” Election Rule?
• Private Nonprofit Hospital Construction and Ready-Mixed Concrete to Require Prevailing Wage in ’16
• AB 219 and AB 852: Two More Skirmishes in the Larger Battle for the Control of Construction Work (Blog)
• Employers Face Liability for Barring Applicants with Criminal Records
• Workplace Class Actions: Wal-Mart v. Dukes et al Decision Could Rein In Runaway Class Certifications
• Reporting Time and Split Shift Premiums

Speaking

• Wage and Hour Update: What’s for Lunch?
• Preparing for Increased Scrutiny of Worker Misclassification