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

• California Supreme Court Upholds Good Faith Defense to Alleged Wage Statement Violations
• Moonlighting Employees: Addressing Outside Employment
• California Updates Wage Theft Notice Requirements
• Keep Employee Compensation Simple
• Beware of Zombie Claims
• California Supreme Court Issues Two Opinions Clarifying Prevailing Wage Requirements
• California Supreme Court Expands the Scope of Prevailing Wage for Workers on Contracts with Special Districts
• Is Time Off to Vote Required?
• California Independent Contractor Law Continues to Evolve
• California Criminal Background Check Regulations
• NLRB Restores Long-Standing Precedent
• California Employers Must Provide Employees with Written Notice of Victim’s Rights
• Workplace Policy: Court Says Whole Foods Overreached
• NLRB to Burger Chain: “Fight for $15 Buttons” are In-Not-Out
• Labor Law: National Labor Relations Board Applies to Everyone
• The Saga Continues: D.C. Circuit Hears a Challenge to the NLRB’s New Joint Employment Test
• The Impact of the Total Security Management Decision on Employers
• Does NLRB Chairman Miscimarra’s Dissent Hint at the Future of the “Ambush” Elections Rule?
• Podcast: Five Things Employers Should Know About Arbitration
• Prevailing Wage Required for Certain Private, Non-Profit Hospital Construction and Ready-Mixed Concrete Hauling in ’16
• Policies of Non-Union Employers Targeted by the NLRB
• Reporting Time and Split Shift Premiums

• Have Project Labor Agreements Been Taken Too Far?

• AB 219 and AB 852: Two More Skirmishes in the Larger Battle for the Control of Construction Work

Speaking