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In Brief: A Digest of Labor & Employment Projects

Client Success

Class and Collective Actions

  • Secured summary judgment in favor of cable company whose technicians claimed they should be paid for time spent uploading data, packing and unpacking company-provided vehicles, and driving to first work site.
  • Won summary judgment in Fair Labor Standards Act (FLSA) class/collective action where plaintiffs claimed they were misclassified as independent contractors and were owed overtime wages.
  • Handled nationwide defense for retailer whose sales representatives claimed they were not paid for work performed off the clock.
  • Successfully defended freight logistics company in FLSA class/collective action in which plaintiffs claimed they were misclassified as exempt.
  • Jury Trials/Arbitrations
  • Won verdict in favor of our client, a utility company that allegedly had discharged an injured lineman for filing a workers’ compensation claim. Jury agreed company lawfully discharged the employee for violating safety rules.
  • Won judgment at trial, including award of substantial attorneys’ fees, in case where plaintiff initially demanded $10 million and refused to settle during trial for less than $2 million.
  • Defeated claim for $250,000 in unpaid compensation from former employee and obtained judgment on fraud counterclaims of $280,000.
  • Obtained arbitration award in favor of employer in age discrimination and retaliation case where employee had more than 30 years of service, but where decision was based on concerns of workplace violence.
  • Injunctions
  • After three-day hearing, had injunction against hiring six employees of competitor lifted and recovered attorneys’ fees against competitor for obtaining a temporary restraining order to which it was not entitled.

Summary Judgments

  • Won summary judgment on behalf of major tax services company in lawsuit filed by long-term employee who claimed company breached her employment agreement; terminated her in violation of public policy; and denied her bonuses, commissions and overtime pay.
  • Won summary judgment in pro-plaintiff jurisdiction on behalf of hospital in case brought by former employed physician alleging race and religious discrimination and retaliation.
  • Won summary judgment in favor of pharmaceutical company and two individual managers in a California state court employment case alleging 12 counts, including gender discrimination, harassment, retaliation, pregnancy discrimination and disability discrimination.
  • Labor Relations
  • Negotiated a settlement with the Department of Labor on a Davis-Bacon dispute that resulted in a de minimis payment rather than a six-figure amount.
  • Obtained dismissal of all claims for employer in a case alleging that union members, with the implied approval of their employer, violated federal labor statutes by manipulating union votes to approve a collective bargaining agreement.
  • Won favorable decisions from district and appellate courts for metropolitan newspaper over union’s attempt to arbitrate the modification of retirement benefits.