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Employment

Advice Regarding California & Federal Law
Represent the global leader in virtualization and cloud infrastructure, Hosting.com, with ongoing business counseling and developing employment policies.Read More
Bonner v. SFO Shuttlebus
Defended class action brought by hourly commuter bus drivers alleging failure to pay for compensable time, including pre- and post-trip inspection time, time spent waiting between shifts, medical examination and license maintenance time, and rest break violations. Analyzed bus drivers covering numerous different routes to various clients, including Google, Facebook, and Genentech. Settled claims after taking depositions of class representatives. Read More
Class Action Defense: Classification Cass
In defending a class action alleging that the nation’s largest PC manufacturer had misclassified customer service engineers as exempt, we resolved the case without class certification or notice. Read More
Class Action Defense; Classification Case

In defending a federal class action, we obtained summary adjudication that a telephonic seller of precious metals was a "retail establishment" qualifying salespeople for the "commissioned" exemption under the FLSA.Read More

Class Action Defense; Classification Case
In defending two separate class actions against the nation’s largest consumer electronics manufacturer and largest telecommunications companies, alleging that remote customer service representatives had been misclassified as independent contractors, we obtained unconditional dismissal of our clients. Read More
Class Action Defense; Hourly Worker Cases
For a restaurant service business, we obtained decertification of an overtime class action upon being associated into the litigation.Read More
Class Action Defense; Hourly Worker Cases
On behalf of a major Bay Area company, we successfully negotiated a resolution of a potential class action wage and hour claim prior to the filing of any formal lawsuit. This was accomplished without paying any settlement amount.Read More
Class Action Defense; Race Discrimination
For a large beverage distributor, we obtained dismissal of race discrimination class action allegations brought on behalf of delivery drivers. Read More
Correa v. Sabah International
Defended class action involving field service technicians who were required to drive company vehicles. The main claim centered on the compensability of time spent traveling from home to the various work sites (i.e. whether the technicians were “subject to the control” of Sabah during that commute). Ancillary claims include compensation for the completion of work reports, cell phone calls, and maintaining the company vehicle. All claims were settled at mediation, court approval is pending. Read More
Employee Transitions; Restrictive Covenants
In a New York Stock Exchange arbitration involving the enforcement of a non-competition clause, we obtained a $3.4 million award on behalf of three former partners of an investment bank. In addition, the arbitrators took the extraordinary step of granting our request for attorneys' fees, although there was no attorneys' fees provision in the contract at issue. Read More
Individual Actions; Wrongful Termination/ Retaliation

We defended the president of an S&L against a lawsuit by the former general counsel, who claimed that he had been wrongfully terminated as a result of advising management of illegal lending practices. Read More

Individual Actions; Discrimination & Employee Transitions; Unfair Competition

We defended and settled the sexual harassment and age discrimination claims of a former faculty member at a Bay Area private school. Because the alleged harassment led in part to the break-up of the school, we also concurrently resolved complex unfair competition claims. Read More

Individual Actions; Discrimination & Wrongful Termination/ Retaliation

Our defense papers prompted a plaintiff's counsel to withdraw (and likewise caused the Department of Fair Employment and Housing to drop its investigation) regarding claims of an employee who had complained about alleged sexual harassment and was terminated just a few weeks later. Read More

Individual Actions; Discrimination (Age)

On behalf of a national beverage company, we obtained summary judgment against an entire complaint alleging termination based upon age discrimination and retaliation. Read More

Individual Actions; Discrimination (Disability)
We represented the Inter-Continental Hotel Group (formerly Six Continents and Holiday Inns) in actions brought by both individuals and government entities relating to handicap accessibility and claims of discrimination brought in both state and federal courts.  Read More
Individual Actions; Discrimination (Gender)

We successfully represented a software company against pregnancy discrimination, sexual harassment, and wage claims brought by a former executive, and obtained an arbitration ruling that not only completely rejected the executive's claims, but also awarded our client damages for the executive's financial fraud while employed at the company. Read More

Individual Actions; Discrimination (Gender)

On behalf of a national furniture manufacturer, we obtained summary judgment against pregnancy discrimination claims.Read More

Individual Actions; Discrimination (Harassment Allegations)
For an international hotel chain, we recently settled an emotionally charged race/religion/ethnicity harassment and discrimination case before any depositions were taken. The settlement was funded with a very substantial contribution from the defendant's insurance carrier.Read More
Individual Actions; Discrimination (Harassment; Age)

On behalf of a major California food and beverage producer, we defended and successfully mediated parallel sexual harassment and age discrimination claims brought by two former employees (the complaining party and her alleged harasser). Read More

International Union, United Autoworkers v. Johnson Controls

In this Seventh Circuit class actions case, plaintiffs challenged workplace rules restricting women "of childbearing age" from certain well-paid manufacturing jobs unless they furnished medical proof of infertility.  We filed an amicus brief supporting plaintiffs.  The decision was published at 886 F.2d 871 (7th Cir. 1988). Read More

Manager Training; Environment (Harassment)
Before the filing of any formal complaint or adverse publicity, we successfully mediated explosive allegations of sexual harassment brought by an employee against a high-ranking corporate vice president.
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Ortega v. Nestle Waters
Represented defendant Nestle Waters in a putative state-wide class action by delivery drivers and warehouse employees alleging wage and hour violations, wage statement defects, and failures to reimburse business related expenses. The parties reached a mediated settlement of all claims. Read More
Ortiz v. Ghirardelli
Defended a wage and hour class action brought by hourly restaurant and retail employees for all California locations. The complaint included meal and rest break violations, unpaid overtime, non-compliant wage statements, unreimbursed business expenses, and PAGA claims. We resolved all claims prior to class certification through mediation, and the court approved the settlement. Read More
Topete v. Treasury Wines
Defended Treasury Wine Estates Americas Company in a putative class action by all current and former non-exempt employees who worked for in California in 2011 through 2016. Plaintiffs’ alleged Treasury failed to include all non-discretionary incentive pay in the regular rate of pay for overtime purposes; failed to provide second meal periods to its non-exempt employees on shifts over 10 hours; implemented an uneven time-rounding practice; and failed to maintain and issue accurate payroll records. Civil penalties were sought under the Private Attorneys General Act. Without formal discovery, we reached an early mediated resolution of all claims minimizing litigation costs for our client. Read More