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Practice Areas

YM&C provides legal counsel for every aspect of education law, public agencies, and nonprofits.

Practice Areas

YM&C has been privileged to support mission-oriented organizations throughout California. Our expertise lies in assisting those dedicated to serving others, encompassing Public Charter Schools, Higher Education Institutions, Private and Independent Schools, Public Agencies, and Nonprofit Organizations.

Public Charter Schools

Since the 1992 Charter Schools Act in California, YM&C has spearheaded charter school advocacy. No one has greater expertise in laws affecting charter schools than the widely recognized experts at YM&C.  We excel in school establishment, growth, and operation. Our team comprises charter school founders, special education experts, and former public school educators. Some of us have loved ones with special needs. Yet, regardless of our paths here, we share a fervent belief in public education as a means to rectify historical injustices for people of color. This dedication permeates our work for our clients. Our tireless work ethic is evident – we stand by you, even on nights and weekends, to ensure success.

Use the following links to navigate to a topic:

Board Governance
Labor & Employment
Student Rights & Discipline
Special Education
Facilities
School Development
School Defense
Insurance Defense
Litigation
Independent Study
Corporate/Business
Public

Board Governance

YM&C attorneys are the leading experts in the organizational and governance structures and options available for operating and growing small charter schools, extensive charter networks, and conversion charter schools. Since the beginning of the charter school movement, we have deep expertise in state and federal legal frameworks that regulate the operations of California charter schools. The firm provides forward-thinking legal guidance on board governance matters, regularly conducting board training sessions that emphasize compliance with open meeting laws, conflict of interest regulations, corporate compliance, guidelines for board decisions on administrative compensation, and best practices.

Our services include:

  • Open Meeting Law Adherence
  • Conflict of Interest Compliance
  • Executive Compensation Oversight
  • Evaluating Executive Director/Principal
  • Data-Driven Decision-Making
  • Board’s Budget Management Role
  • Meeting Bidding Requirements
  • Union Negotiations
  • Establishing Nonprofit Entities
  • Effective Board Meetings
  • Tailored Policy Creation
  • Charter Renewal Process

Labor & Employment Law

The YM&C Labor and Employment team is widely recognized as the “go to” experts in advocating for schools, ensuring compliance with state and federal legal requirements. We are committed to providing strong legal counsel, proactive recommendations, and hands-on training to assist clients in effectively navigating their daily human resources challenges and addressing complex areas of potential liability. With a proven track record, we have consistently protected schools’ rights across various issues educational employers face in employment and labor law, appearing before administrative bodies and courts at both state and federal levels.

Our services include:

  • Employment Contracts
  • PAGA audits and assessments
  • Employee Handbooks and Board Policies
  • Hiring Issues
  • Executive Compensation
  • Performance Management/Evaluations
  • Investigations
  • Employee Discipline Proceedings
  • Layoffs
  • Severance Agreements
  • Employee Leaves of Absence
  • Unlawful/Sexual Harassment Prevention
  • Professional Boundaries
  • Wage and Overtime Issues
  • Workplace Discrimination
  • Disability and Religious Accommodations
  • Workers’ Compensation
  • Whistleblower Retaliation
  • Wage and Hour Compliance
  • Union Organizing
  • Collective Bargaining/Negotiations
  • Impasse Proceedings
  • Unfair Practice Charges
  • Grievances and Arbitration
  • Independent Contractors
  • Employee Retirement and Health Benefits

Student Rights & Discipline

The YM&C Student Services team engages extensively in ongoing client counseling and developing proactive policies and procedures related to student rights, discipline, health, and safety for charter schools. Our attorneys work collaboratively with clients to strengthen and safeguard protocols governing student rights and disciplinary actions. We ensure charter schools comply with various state and federal laws concerning charter students. We provide preventative guidance, training, and litigation support as needed, covering all aspects of student rights and safety.

Our services include:

  • Agency Audits (State and Federal)
  • Student-Parent Guidelines
  • Discipline Policies (Suspension and Expulsion)
  • Progressive Discipline Steps
  • Expulsion Hearings
  • Authorizer and Agency Relations Management
  • Student and Public Records Requests
  • Student Rights, Safety, and Health
  • Student Record Management
  • School Safety Protocols
  • Visitor and Volunteer Guidelines
  • Health and Religion in School
  • Preventing Harassment, Discrimination, and Retaliation
  • Immunization Protocols
  • Student Admissions and Lotteries
  • Addressing Student Record Disputes

Special Education

YM&C is at the forefront of proactive counseling for IDEA and Section 504 compliance, assisting charter schools in understanding legal requirements and establishing and maintaining policies and procedures in line with legal standards for students with disabilities. YM&C’s attorneys are well-versed in both state and federal special education laws and the intricate relationship dynamics between charter schools and their authorizers, especially in funding and delivering special education services. We excel in guiding schools through the transition to becoming an LEA and joining a SELPA and are highly skilled in the defense against claims under IDEA and Section 504 of the Rehabilitation Act. The firm is recognized as an industry leader in negotiating agreements between charter schools and authorizers regarding the provision and funding of special education services and in preparing applications for SELPA membership.

Our services include:

  • IDEA Compliance
  • Due Process Assistance
  • Advocacy in School-Parent Disputes for FAPE
  • Mediation and Settlement Agreement Crafting
  • Section 504 Adherence
  • Defense against Compliance Complaints
  • Fulfilling Child-Find Mandates
  • Special Education Policy Management
  • Meeting Participation
  • LEA Development and Implementation
  • SELPA Application and Admission Compliance
  • Parent and Advocate Communication
  • Special Education Record Management

Real Estate & Development

No one has covered the sheer number or range of real estate transactions for charter schools in California than the attorneys at YM&C.  YM&C attorneys are highly skilled in the intricate process of securing a school facility through leasing, buying, and construction. YM&C attorneys are experts in general real estate laws and have deep experience in the specialized transaction components and needs relevant to charter schools. As the one-stop shop for charter facilities legal work, YM&C attorneys are deeply versed in public bidding, developer contracts, financing, construction, entitlements, zoning, and environmental considerations. Our substantial record closing hundreds of charter school transactions uniquely positions us to address specialized legal matters, encompassing SB 740 eligibility, prevailing wage compliance, bond deal structuring, and negotiations with school districts concerning facility use agreements.

Our services include:

  • Negotiating Leases
  • Arranging Facilities Usage Agreements
  • SB 740 Eligibility Assistance
  • Advocacy for Proposition 39 Compliance
  • Ensuring Prevailing Wage and Public Works Compliance
  • Assessing Land Use Obligations
  • Financial Advisory for Options
  • Negotiating Purchase and Sale Agreements
  • Zoning Assessment
  • Department of Transportation Approval Support

School Development;

YM&C prides itself on providing the most experienced attorneys specializing in school development across the state. Our clientele spans from new charter school applicants to established schools seeking renewal and schools aiming for expansion within and beyond state borders. We offer comprehensive support throughout the development and renewal process, including charter formulation, in-depth review, evaluation of relevant authorizer board policies, attendance at authorizer public hearings and decision meetings, and, if necessary, charter appeals. Our advice is tailored, accurate, and promptly delivered, drawing on extensive statewide insights coupled with finely honed local expertise; our proficiency in charter development is unparalleled.

Our services include:

  • Charter Creation
  • Reviewing and Updating Charters
  • Assessing Authorizer Charter School Boards
  • Tailored Policies and Administrative Regulations
  • Formulating Charter Submission Strategies
  • Growth Opportunities Assessment for Charter School Replication
  • Personalized Advocacy for Hearings and Board Decisions
  • Compiling Appeals for County or State Review
  • Customized Guidance and Advocacy in Appeals, Hearings, and Decisions
  • Expertise in Districts, Boards, Charter Divisions, and Expectations
  • Conditional Approval/Renewal Consultation
  • Meeting Facilities Grant Requirements
  • Signature Compliance for Charter Petitions
  • Academic Thresholds for Renewal Compliance

School Defense

The school defense unit at YM&C is committed to helping clients prevent revocation or non-renewal. While YM&C attorneys actively work to build cooperative, long-lasting relationships between clients and authorizers, there are times when charter defense becomes necessary. Our skilled team is ready to address various notices, including Notices of Concern, Notices to Cure, Notices of Violations, and Notices of Intent to Revoke. We also proficiently guide clients through the appeal process following a non-renewal. Whether entering at any stage of the process, we swiftly attend to client needs.

Our services include:

  • Addressing Notices of Concern
  • Addressing Notices to Remedy
  • Addressing Notices of Violations
  • Addressing Notices of Intent to Revoke
  • Guidance and Advocacy in Appeals, Public Hearings, and Decision-Making Meetings
  • Guidance for Interactions with Authorizer Staff
  • Advocacy Packages for Revocation Appeals, with In-Person Representation
  • Advocacy Packages for Non-Renewal Appeals, with In-Person Representation

Insurance Defense

YM&C’s Insurance Defense team is highly experienced in California’s federal and state trial courts, administrative jurisdictions, and dispute resolution methods. We specialize in the unique legal issues facing public charter schools in the state, with a deep understanding of the Education Code and related regulations. The team prioritizes cost-effective defense through thorough case analysis, efficient discovery, and expert utilization. Our firm has litigated almost all the seminal appellate court decisions shaping California’s landscape for charter schools. Building strong relationships with insured parties and providing responsive service to insurers are core elements of their approach. For skilled litigators in dispute resolution, trust YM&C’s Insurance Defense team.

Our services include:

  • Wrongful Termination Claims
  • Negligent Hiring and Retention Cases
  • Whistleblower Defense
  • Personal Injury Claims
  • Sexual Harassment Allegations
  • Race Discrimination Cases
  • LGBTQIA+ Discrimination Matters
  • Student Expulsion Litigation
  • Constructive Termination Disputes
  • Special Education/Section 504 Issues
  • Proposition 39 Rights
  • Civil Rights Case Defense
  • Charter Revocation and Non-Renewal Cases
  • Charter School Funding and Audits Defense

Litigation

The litigators and trial lawyers at YM&C are dedicated to providing exceptional legal services, prioritizing efficient and cost-effective resolutions for conflicts through litigation, arbitration, or mediation. We uphold strict standards of practice, ensuring unwavering and exceptional assistance. We represent charter schools in nearly every legal defense or prosecution of claims.  Whether a contract dispute, an injunction against a school district, or defending the school against wrongful termination or death, YM&C has successfully litigated many cases over the last thirty years.

Our services include:

  • Harassment and Abuse Claims
  • Discrimination (Sex, Disability, Race)
  • Retaliation and Harassment
  • Labor Code 1102.5 Retaliation
  • Negligence Cases
  • Premises Liability Cases
  • Facility Permitting and Entitlement Disputes
  • Landlord/Tenant Disputes
  • Contract Breach Claims
  • Real Property Disagreements
  • Emotional Distress Claims (Intentional/Negligent)
  • Writs and Appeals
  • Charter Petition and Renewal Denials
  • Charter Revocation Cases
  • Student Rights Matters

Independent Study

YM&C lawyers are seasoned experts in the intricate convergence of charter school and independent study laws across the state. This encompasses adeptly safeguarding charter schools during audits, audit appeals, and litigation concerning facility placements. Unique in their proficiency in both charter school and independent study laws, YM&C stands as the sole law firm equipped with a team of attorneys. We offer invaluable guidance to clients in the formulation and upkeep of legally sound board policies, master agreements, and frequently scrutinized independent study documents. Our legal representation vigorously defends charter schools facing audit discrepancies, presenting their case before the Education Audit Appeals Panel. In addition, we excel in aiding charter schools in navigating the intricate legal framework surrounding independent study students eligible under the IDEA or Section 504 of the Rehabilitation Act.

Our services include:

  • State Regulations for Independent Study
  • Audits, Exceptions, and Appeals
  • Legally Sound Documentation, Policies, and Records
  • Funding Determination for Nonclassroom-Based Learning
  • Resource Center Location Litigation

Corporate/Business

YM&C offers comprehensive services tailored to nonprofit corporations operating charter schools. Our seasoned attorneys support clients throughout every phase of a corporation’s journey, from inception to cessation. With a wealth of experience working with charter corporations of varying scales, we possess the expertise needed to offer invaluable advice on the distinct challenges affecting California charter school nonprofit corporations and foundations. YM&C attorneys will help you navigate the intricate intersection between charter school regulations and those governing nonprofits, including the California Corporations and Internal Revenue Code.

Our services include:

  • Establishing Legal Entity
  • Tax-Exempt Status Attainment
  • Establishing Governing Structure
  • Structuring CMO Organization
  • Corporate Reconfiguration, Mergers, and Dissolutions
  • LLC Establishment
  • Expanding Charter Schools Beyond State Borders
  • Creating Foundations for Fundraising and Capital Campaigns

Public

The attorneys at YM&C offer targeted guidance and training to charter schools concerning adherence to laws that pertain to public agencies, including the Brown Act, the Political Reform Act, conflict of interest laws, and the Public Records Act. These statutes serve to guarantee public entry to charter school board gatherings, mitigate conflicts of interest among public officials in the course of charter school functions, and facilitate public access to most electronic and physical records maintained by the charter school.  YM&C attorneys are vigilant in offering guidance to guarantee compliance with statutes, as non-compliance could result in criminal penalties and fines. While these laws pertain to public agencies and not private corporations, even board members with substantial experience on both for-profit and nonprofit boards find value in receiving advice on meeting these mandates.

Our services include:

  • Open Meeting Laws (Brown Act)
  • Political Ethics Laws (Political Reform Act)
  • Financial Disclosure Compliance (Form 700)
  • Government Code 1090 Compliance
  • Conflicts of Interest (Common Law)
  • Penal Code Provisions
  • Anti-Self-Dealing (Corp Code)
  • Conflict Policy Development
Higher Education

Use the following links to navigate to a topic:

Employment
Labor Negotiations
Facilities Development & Construction
Title IX
Litigation
Student Affairs
Dual High School Enrollment
Government Relations
Business Contracts

Employment

Our expertise runs deep in labor and employment. We craft employee handbooks and policies and pride ourselves on providing preventative advice so our clients can avoid costly litigation. For more than 30 years, our firm has assisted educational institutions with navigating claims of harassment, discrimination, and retaliation.  We regularly advise clients on layoffs, disciplinary actions, and terminations.  The intricacies of wage and hour laws, employee fringe benefits and public pension eligibility, and creditable service issues are second nature to us, from FMLA to STRS, PERS, and COBRA. 

    Our services include:

    • Conduct Standards
    • Confidentiality
    • Leaves and Accommodations
    • Workforce Reductions

      Labor Negotiations

      Our legal team wields seasoned expertise in negotiating and deciphering collective bargaining agreements, as both EERA and HEERA dictate. Our team is adept at negotiating with both certificated/academic and classified employee unions and handles negotiations at numerous bargaining tables in California. We work hard to agree, but when a consensus is impossible or the union files unfair labor practice charges, we aggressively represent clients at PERB. Beyond negotiations, we offer invaluable counsel on the multifaceted labor relations landscape between management and staff. Our purview encompasses the entirety of labor disputes, spanning from the practical details of contract administration—including grievance and arbitration strategies—to deftly navigating the nuanced terrain of PERB proceedings, which encompasses representation cases, unfair practice disputes, and impasse determinations, among other critical matters. It is an integrated approach honed through years of hands-on experience.

      Our services include:

      • Collective Bargaining Negotiations  
      • Resolution Protocols for Impasses and Strikes  
      • Oversight of PERB matters 
      • Handling Grievances, Arbitrations, and Administrative Hearings  
      • Audits of Labor Agreements and Personnel Rules  

      Facilities Development & Construction

      YM&C assists educational institutions with property acquisition, financing, and development — from the intricacies of lease agreements to the complex world of project planning, encompassing entitlements, environmental assessments, and construction contracts. YM&C’s unique experience working with education institutions gives us an incredible depth of experience in resolving disputes with cities and counties that can cause project delays.

      Our services include:  

      • Property Acquisition, Financing, and Development  
      • Lease Agreement Consultation and Drafting  
      • Comprehensive Project Planning and Guidance  
      • Environmental Evaluation and Compliance  
      • Construction Contract Oversight  

      Title IX

      At YM&C, our legal team expertly navigates Title IX, covering a spectrum from the training of college staff to policy development and execution. We offer counsel on day-to-day affairs, with a keen eye on equality in athletics, overseeing external investigators, and delving into intricate, extremely sensitive cases. This adept team stands as a pillar of support for schools, guiding them through the intricate web of Title IX complaints, encompassing student and employee sexual harassment, along with gender-based misconduct. Collaborating hand-in-hand with administrators, Title IX Coordinators, and offices of Diversity, Equity, and Inclusion, our experts craft innovative measures of support. Our mission is to ensure unimpeded access, tackle sex-based discrimination in educational endeavors, and unfailingly administer equitable, effective investigative processes. YM&C’s dedicated team is at the forefront of championing equity in educational programs and services. 

      Our services include:    

      • Training 
      • Policy Development 
      • Supportive Measures 
      • Complaints 
      • Investigation Support 

      Litigation

      Our legal team boasts comprehensive experience in civil litigation across federal and state jurisdictions, as well as in administrative hearings and arbitrations. We tailor our defense strategies to align precisely with clients’ unique needs, objectives, and financial considerations. Notably, we have honed an exceptional proficiency in safeguarding public entities facing claims from employees, former employees, applicants, and other parties alleging a spectrum of employment-related grievances or seeking writs to compel institutions to comply with statutory or regulatory provisions. This spans from California Fair Employment and Housing Act violations to Federal Civil Rights Acts, Age Discrimination in Employment Act, and other state and federal statutes. Equally, we are adept at defending against student claims and addressing allegations of harassment and discrimination with precision and expertise.  

      Our services include:   

      • Legal Actions for Discrimination  
      • Resolving Disputes through Alternative Methods  
      • Overseeing Legal Proceedings  
      • Defending Against First and Fourteenth Amendment Claims 
      • Conducting Administrative Hearings  
      • Defending Wage and Hour Claims  

      Student Affairs

      We are adept advisors in student affairs, handling discipline, harassment, investigations, and withdrawals.  First Amendment intricacies, like free speech and freedom of religious expression, are navigated, along with civil rights concerns, from discrimination to Title IX and campus misconduct. Crafting, reviewing, and advising on handbooks, contracts, and behavior agreements are part of our forte. Clients trust us to address breaches in student contracts with precision and skill.  

      Our services include:   

      • Student Misconduct Issues  
      • Freedom and Speech and Religion Issues 
      • Students with Disabilities 
      • Student Discrimination and Harassment Claims 

      Dual High School Enrollment

      Our office helped develop one of the earliest dual enrollment programs on a community college campus – the Riverside Gateway to College Charter School.  Since then, we have helped develop agreements between community colleges and K-12 institutions so that students who could benefit from dual enrollment could do so.  Because we also represent K-12 institutions, we understand the unique challenges associated with dual enrollment programs, such as different student discipline rules and different means of serving students with disabilities at each institution.  These differences can lead to problems if not carefully managed by both institutions. 

      District Board Governance and Shared Governance

      In administration and governance, we are seasoned advisors, having dealt with countless politically charged situations and topics at board and committee meetings. Our deep expertise extends to conflicts of interest rooted in Government Code section 1090, the Political Reform Act, or common law. We are not just advisors but educators, too, imparting wisdom on various conflict-related topics. And we navigate the terrain with finesse when it comes to electoral shifts, from at-large to district or odd-year to even-year. We have advised hundreds of educational institutions on compliance with the Brown Act’s requirements, from agenda descriptions to what can be discussed in closed sessions to new teleconferencing requirements.  We respond to Public Records Act requests and assist educational institutions with complex legal issues surrounding the disclosure of employee and student records.  Our knowledge is not just about processes our compliance – our experience gives us a unique perspective on the role that Boards and administrations can and should play in driving student retention and success. 

      Our services include:  

      • Training Governing Boards on Their Role Versus that of the Administration  
      • Brown Act Compliance and Training 
      • Responding to Public Records Act Requests 
      • Ensuring Compliance with California Conflicts of Interest Laws 
      • Understanding Voting Rights & Responsibilities  
      • Enhancing Board Governance  
      • Reviewing Board Policies and Administrative Procedures 
      • Training Governing Boards on How to Run More Effective and Efficient Meetings 

      Business Contracts

      Our team routinely reviews contracts for essential services or where unique liability risks may be present. Since our team has over thirty years of experience in litigating matters relating to educational institutions, we can craft contracts that prevent the sorts of problems that have ended in litigation for others. 

      Our services include:   

      • Legal Review of Business Contracts  
      • Legal Review of MOUs 
      • Drafting Contracts with Terms Protective of Community Colleges 
      Independent & Private Schools

      Use the following links to navigate to a topic:

      Board Governance
      Employment
      Student Issues
      Internal Compliance Audit Services
      Business Contracts
      Real Estate & Development
      Litigation
      Wage and Hour

      Board Governance

      YM&C’s dedicated attorneys are pillars of guidance for boards in California’s private and religious schools. We offer counsel on pivotal matters, from corporate entity establishment and maintenance to board composition, federal and state tax law compliance, and best board governance practices. Our expertise lies in addressing the distinctive hurdles faced by educational boards, from defining the board’s role vis-à-vis the school’s administration to effectively managing dual responsibilities, like being both a parent and trustee. We also emphasize open and effective communication with the broader community served by the institution.

      Our services include:

      • Establishing Corporate Entities
      • Securing and Sustaining 501(c)(3) Tax-Exempt Status
      • Training on Board Responsibilities and Governance
      • Drafting and Reviewing Bylaws and Board Policies

      Employment

      Navigating the intricacies of employment law is no small feat—it’s a vast, intricate realm that touches every facet of the employer-employee dynamic. We stand alongside employers, offering crucial guidance on hiring procedures, wage and hour matters, performance evaluations, and the interactive process for disability accommodations. A substantial portion of our work is dedicated to advising educational institutions, ensuring they uphold a myriad of employment-related laws and regulations. These encompass California’s Fair Employment and Housing Act, the historic 1964 Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and vital statutes like the Family and Medical Leave Act, the California Family Rights Act, and the Fair Labor Standards Act, among others.

      Our services include:

      • Recruitment and Pre-Employment Screenings
      • Employment Contracts
      • Managing Job Performance and Discipline
      • Absence and Leave Management
      • Disability Accommodation and Fair Treatment
      • Defense of Agency Claims
      • Litigation and appeals
      • Wage and hour audits
      • Comprehensive Pre-Employment Screening
      • Employee Handbook and Personnel Policy Development
      • Training for Harassment and Discrimination Prevention
      • Affordable Care Act Compliance and Appeal Assistance
      • Consultation on Employee Relations Matters

      Student Issues

      The dedicated attorneys at YM&C bring a wealth of expertise to bear on a diverse array of student concerns. We offer sound counsel on matters spanning the admissions journey, pupil records, disciplinary measures, and ensuring fair accommodation. Additionally, we are well-versed in off-campus activities, fostering a safe and enriching learning environment beyond the classroom walls. With a wealth of experience, we meticulously craft, scrutinize, and provide guidance on essential documents like student handbooks, individual behavior contracts, and student agreements, addressing each student’s unique needs and challenges.

      Our services include:

      • Admissions Processes, Enrollment Agreements, and Handbooks
      • Student Conduct and Discipline
      • Activities Beyond Campus
      • Disability Accommodation and Fair Treatment
      • Student Records and Information

      Internal Compliance Audit Services

      In the dynamic realm of evolving laws and regulations, YM&C stands ready to navigate the shifting landscape. We tackle the risks and challenges head-on through meticulous audit services, adapting to the ever-changing legal terrain. Drawing on YMC’s profound legal acumen in labor, employment, and education law, we employ systematic auditing processes to ensure steadfast compliance and uphold best management practices. Our team offers practical, actionable recommendations based on this thorough examination. With a wealth of experience, we are well-equipped to guide non-profit organizations in auditing their policies and practices, ensuring they meet the highest standards of legality and effectiveness.

      Our services include:

      • Employee Handbook and Personnel Policy Development
      • Wage and Hour Compliance Audits in California
      • Audits for Fair Pay and Equal Pay Act Compliance
      • Drafting and Reviewing Bylaws and Board Policies

      Business Contracts

      YM&C is an expert advisor for private and independent schools growing, expanding, and partnering with other business entities. We help our clients navigate the complex terrain of business affiliations, contracts, and a diverse range of transactions. Our dedication is unwavering, focused on delivering top-tier counsel for their most pressing needs. This commitment empowers these organizations to flourish and thrive in their pursuits.

      Our services include:

      • Business Contracts
      • Business Arrangements and Collaborative Agreements

      Real Estate & Development

      At YM&C, we excel in property acquisition, financing, and development for private and independent schools. Our expertise covers everything from lease agreements to complex project planning, including entitlements, environmental assessments, and construction contracts. With deep knowledge of environmental considerations and legal nuances, such as CEQA/NEPA, brownfield issues, and tribal consultations, we provide robust support in project execution. Count on us to stand with you in facing legal challenges. With YM&C, private and independent schools find comprehensive solutions for their real estate needs, ensuring success in their vital community endeavors.

      Our services include:

      • Property Acquisition, Financing, and Development
      • Lease Agreement Consultation and Drafting
      • Comprehensive Project Planning and Guidance
      • Environmental Evaluation and Compliance
      • Construction Contract Oversight

      Litigation

      In litigation, a robust defense requires zealous advocacy and a cost-effective strategy. YM&C’s distinct expertise in addressing the daily challenges of educational institutions sets us apart. This deep understanding enables us to assist when disputes arise swiftly. We represent clients in state and federal courts and before key agencies like the EEOC, DFEH, and DLSE. Our success extends to enforcing arbitration provisions in employment contracts and enrollment agreements, guiding plaintiffs toward private arbitration. From wage disputes to wrongful termination, discrimination, harassment, and contract breaches, our proven record of accomplishment in jury and bench trials drives us to seek efficient resolutions through innovative motions practice.

      Our services include:

      • Legal Actions for Discrimination
      • Resolving Disputes through Alternative Means
      • Managing Legal Proceedings

      Wage and Hour

      At YM&C, we stand as leaders in wage and hour laws and best management practices, allowing us to discern risks and address the challenges our clients encounter across the spectrum of wage and hour matters, including overtime and exemption analysis. Our legal experts are at the forefront, drafting legislation and offering nuanced opinions on these issues. We have also proven our mettle in defending employers amidst intricate wage and hour/FLSA class action and multi-plaintiff lawsuits, navigating every phase of litigation, from jury trials to appeals. Furthermore, we offer invaluable support through wage and hour audits and proactive training, ensuring our client’s policies and practices align with the law and best practices.

      Our services include:

      • Litigation Support Services
      • Proactive Training for Wage and Hour Compliance
      • Wage and Hour Compliance Consultation and Guidance
      • Wage and Hour Compliance Audits in California
      Public Agencies

      The attorneys at YM&C have represented public agencies throughout the state as both general counsel and for specialized legal services.  Clients have included water and other special districts, wastewater and other joint powers authorities (JPAs), and cities.  YM&C attorneys possess vast knowledge of contracting and operational rules for agencies, including sphere of influence analysis and inter-agency agreements.  In that regard, YM&C has been recognized by Best Lawyers for the category of Municipal Law.  Drawing on our deep experience with local government agencies, we offer targeted guidance and training to charter schools concerning adherence to laws that pertain to public agencies, including the Brown Act, the Political Reform Act, conflict of interest laws, and the Public Records Act.

      Our services include:

      • General Counsel services for Special Districts and JPAs
      • Training for Board and Management, including Ethics Training (AB1234)
      • Advice on Open Meeting Laws (Brown Act)
      • Conflicts of Interest and Financial Disclosure Compliance (Form 700)
      • Public Contracting and Bid Protests
      • Public Financing
      • Rate Increases and Prop 218
      • Local Bond Measures and Parcel Taxes
      • Collective Bargaining and Employment
      • Litigation
      Nonprofit Corporations

      YM&C attorneys support nonprofit charitable organizations at all stages of their existence—from start-up and growth to mergers and dissolutions.  We help with day-to-day operations and compliance matters for tax exemptions with the IRS and FTB, in addition to other oversight agencies. Our clients include large social services organizations, religious groups, quasi-governmental entities, trade associations, health care organizations, public and private educational institutions, including colleges and schools, and other entities. We offer comprehensive services, encompassing strategic counseling on corporate frameworks, detailed preparation, and filing of incorporation documents, and laying the foundation for success for the organizations we represent. Trust that we are here to support you every step of the way on your nonprofit journey.

      Use the following links to navigate to a topic:

      Business Contracts
      Formations, Operations & Governance
      Real Estate & Development
      Employment
      Labor Relations
      Employment Litigation
      Wage and Hour
      Internal Compliance Audit Services

      Business Contracts

      YM&C attorneys are experienced in all contractual needs of nonprofits. Our commitment lies in ensuring that these organizations receive the highest level of legal support in the negotiation and formulation of contracts, allowing them to efficiently pursue their charitable missions while minimizing risk and liablity.

      Our services include:

      • Drafting and Review of Business Contracts
      • Handling Mergers, Acquisitions, and Transactions
      • Negotiating Joint Agreements and Fiscal Sponsorships

      Formations, Operations, and Governance

      At the outset, we help clients identify the best entity form and tax exemption to accomplish the nonprofit’s charitable objectives, such a 501(c)(3) or (c)(4), private foundations, or non-exempt trade groups.

      Our services include:

      • Establishing Corporate Entities
      • Securing and Sustaining 501(c)(3) Tax-Exempt Status
      • Training on Board Responsibilities and Governance
      • Drafting and Reviewing Bylaws and Board Policies

      Real Estate & Development

      At YM&C, our legal experts possess extensive knowledge in property acquisition, financing, and development, acting on behalf of nonprofits. We offer guidance across the entire spectrum of project evolution, from straightforward lease agreements to the intricate planning of expansive ventures, encompassing entitlements, environmental evaluations, and construction contracts. Our experience extends to leasing and developing medical facilities, health centers, and public amenities like sports complexes and parks. Moreover, our attorneys possess deep expertise in environmental considerations impacting real estate development and land use, including CEQA/NEPA, brownfield issues, site contamination, tribal consultations, and cost recovery. Leveraging our comprehensive understanding of municipal and real estate matters, we actively support our clients in project planning and execution and stand by them should they face legal challenges from project opponents.

      Our services include:

      • Property Acquisition, Financing, and Development
      • Lease Agreement Consultation and Drafting
      • Comprehensive Project Planning and Guidance
      • Environmental Evaluation and Compliance
      • Construction Contract Oversight
      • Expertise in Public Amenities Development
      • Tribal Consultations and Compliance

      Employment

      Whether it pertains to hiring practices, workplace policies, discrimination issues, or any facet of labor relations, our team is committed to providing tailored, practical solutions that uphold legal compliance and the well-being of all parties involved. Employment law encompasses an extensive array of federal and state statutes, administrative regulations, and judicial decisions, forming the bedrock of workplace dynamics. YM&C’s seasoned attorneys specialize in this field, immersing themselves in its complexities daily. Drawing from our deep expertise, we stand ready to offer invaluable guidance and support to nonprofit organizations in navigating the intricacies of employment matters.

      Our services include:

      • Recruitment and Pre-Employment Screenings
      • Employment Contracts
      • Managing Job Performance and Discipline
      • Absence and Leave Management
      • Disability Accommodation and Fair Treatment
      • Defense of Agency Claims
      • Litigation and appeals
      • Wage and hour audits
      • Comprehensive Pre-Employment Screening
      • Employee Handbook and Personnel Policy Development
      • Training for Harassment and Discrimination Prevention
      • Affordable Care Act Compliance and Appeal Assistance
      • Consultation on Employee Relations Matters

      Labor Relations

      Our mission is to cultivate a culture of constructive, cooperative labor-management interactions. Armed with deep understanding, we empower employers to harmonize organizational needs with the welfare of their represented workforce. Our accomplished team of labor attorneys and consultants offer invaluable guidance and representation in key areas such as collective bargaining, ensuring adherence to labor agreements, and navigating the complexities of grievance arbitration. Through strategic insight and expertise, we aim to forge a harmonious balance that fosters a thriving, inclusive workplace environment for all.

      Our services include:

      • Collective Bargaining Negotiations
      • Resolution Protocols for Impasses and Strikes
      • Oversight of National Labor Relations Board Matters
      • Handling Grievances, Arbitrations, and Administrative Hearings
      • Audits of Labor Agreements and Personnel Rules

      Employment Litigation

      At YM&C, our litigation team has built a track record of championing our clients’ interests across various legal battlegrounds. From skillful motion practice to compelling jury trials and persuasive appeals, we have navigated cases involving harassment, wrongful termination, discrimination, whistleblower retaliation, and wage and hour claims with unwavering success. Our expertise extends to both federal and state court litigation, earning us a well-deserved reputation for being a results-driven, efficient litigation firm. We excel in every facet of litigation, from pleadings and discovery to alternative dispute resolution, settlements, trials, and appeals. Our trial attorneys secure defense verdicts in jury trials while also frequently prevailing in cases at the initial pleading stage and through summary judgment motions.

      Our services include:

      • Managing Employment Litigation
      • Resolving Disputes through Alternative Means
      • Legal Action for Discrimination Cases
      • Pursuing Wage and Hour Claims

      Wage and Hour

      Wage and Hour Laws stand as a crucial yet often misconstrued facet influencing California’s nonprofit sector. At YM&C, we take on the responsibility of guiding these organizations through the intricate and ever-evolving landscape of this vital legal realm. Our expertise ensures that they are equipped to navigate the complexities and nuances, allowing them to operate in full compliance while upholding their noble missions.

      Our services include:

      • Litigation Support Services
      • Proactive Training for Wage and Hour Compliance
      • Wage and Hour Compliance Consultation and Guidance
      • Wage and Hour Compliance Audits in California

      Internal Compliance Audit Services

      In an ever-evolving legal landscape, where laws, regulations, and best practices are in constant flux, YM&C steps in with expert guidance. Through meticulous compliance audit services, we proactively tackle the dynamic challenges and risks that organizations face. Employing systematic review processes, we guarantee alignment with current laws and best practices, offering pragmatic recommendations to navigate this shifting terrain effectively. Our aim is to empower organizations with the knowledge and strategies they need to thrive and flourish in this ever-changing legal environment.

      Our services include:

      • Employee Handbook and Personnel Policy Development
      • Wage and Hour Compliance Audits in California
      • Audits for Fair Pay and Equal Pay Act Compliance
      • Drafting and Reviewing Bylaws and Board Policies

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