Andrew R. Shalauta

Partner

Direct Dial (510) 835-6708

ashalauta@burnhambrown.com

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Education

  • University of Colorado (J.D., 1996)
  • University of California at Berkeley (B.A. in English, with honors, 1993)

Bar Admissions

  • California

Andrew R. Shalauta

Practice Expertise

  • Specializes in employment litigation and counseling representing employers, including discrimination, harassment, retaliation, wrongful termination, wage and hour violations (labor codes and wage orders), prevailing wage disputes, independent contractor disputes, misclassification (exempt and non-exempt), hiring and termination practices, drafting company policies and employment agreements, ADA, federal and state leave laws, workers compensation, I-9, E-verify and social security number regulations
  • Wage and hour compliance.  Advises employers in all aspects of wage and hour compliance and proactive employment practices to reduce risk of claims, including misclassification, exemptions, overtime, wages, bonuses, commissions, working off the clock, meal periods, rest periods, independent contractors, audits, corrective measures, labor code and California wage orders
  • Labor law/prevailing wages. Represents contractors and employers with respect to prevailing wage violations and compliance, disputes over collective bargaining agreements, public works projects compliance, certified payrolls, journeyman ratios, apprenticeship requirements, union grievance disputes, prevailing wage classification disputes, wage audits, Department of California Transportation (Caltrans) labor compliance

Litigation

  • Represents employers in state and federal court, and administrative matters before the California Labor Commissioner (Department of Industrial Relations - Division of Labor Standards Enforcement), Unemployment Insurance Appeals Board, Department of Fair Employment and Housing, Equal Employment Opportunity Commission, U.S. Department of Justice Office of Special Counsel for Immigration Related Unfair Employment Practices, and California Office of Administrative Hearings Public Works Contract Arbitration Program
  • Represented construction contractor in published decision involving novel prevailing wage issues, electrician and labor classification disputes, and Labor Code Section 3099, concerning the Oakland Bay Bridge Project
  • Represents employers in disputes involving misclassification of independent contractors, and employees as exempt versus non-exempt
  • Represents employers in wage and hour class actions involving overtime, reimbursement, meal periods, rest periods, and prevailing wage claims
  • Handles appeals in state and federal court, Unemployment Insurance Appeals Board, Labor Commissioner, and other administrative proceedings

Advice & Counsel

  • Counsels contractors and subcontractors on public works projects including Labor Compliance issues and disputes with unions and awarding bodies
  • Counsels employers on employment policies and practices, wage and hour compliance, labor code, collective bargaining agreements, leave laws, hiring and termination practices, audits, harassment investigations, and employment agreements
  • Assists employers in the investigation of potential harassment and discrimination claims and provides in-house training on sexual harassment
  • Drafting company policies, employment agreements, independent contractor, severance agreements, conducting audits and advising on proactive wage and compliance measures

Professional Associations

  • Professional Liability Underwriting Society (PLUS) Northern California Chapter Committee
  • Oakland Chamber of Commerce (Oakland, California)
  • Alameda County Bar Association

Speaking Engagements

  • "Employment Wage & Hour Danger Zones!  Navigating Around The Labor Code and Wage Orders to Maintain Legal Compliance and Avoid Employment Lawsuits, including best practices for Time-Keeping, Overtime, Off the Clock Work, Remote Work, Meal Periods & Rest Breaks, Expense Reimbursement, Wage Deductions and Sick/Vacation/PTO Leave" (Fremont Chamber of Commerce, Fremont, California, June 2, 2016)
  • "Navigating the Tripartite Relationship Between Insurers, Insureds & Defense Counsel When Handling EPL Claims" (PLUS Northern California Chapter, San Francisco, California, May 2016)
  • "The Wage & Hour Danger Zones! Navigating Around Employment Claims for Independent Contractor Misclassification, Off the Clock Work, Meal Periods & Rest Breaks, and under the Private Attorney General Act" (Burnham Brown Webinar, Oakland, California, October 2015)
  • “Trend In Law On Arbitration Agreements And Class Action Waivers, Pitfalls In Agreements, Pros/Cons of Having Arbitration Agreements” (Harmonie EPLI Fall Conference, Chicago, Illinois, October 2014)
  • "Managing the Risk and Litigation of Wage and Hour Claims" (Travelers Insurance Company Webinar, San Francisco, California, April 14, 2014)
  • "California Lawmakers Continue To Challenge Businesses With New Employment Laws" (Oakland Metropolitan Chamber of Commerce, Oakland, California, February 2013)
  • "California EPLI Claims And Trends In Litigation" (Cal Insurance & Associates, San Francisco, California, February 2013)
  • "Death by a Thousand Cuts- Does the Rising Tide of California EPL Exposures and Claims Foretell a Hardening Market?" (PLUS Northern California Chapter, San Jose, California, August 2012)
  • "Pre-employment Background Checks, Social Media And Impact on Employers, the NLRA, and Retaliation" (Burnham Brown & Carl Warren Retail, Restaurant, Hospitality Conference, San Francisco, November 2011) 
  • "Nip It In The Bud - Strategic Use Of ADR To Contain Major Class Action Liability Exposure" (DRI 2010 Annual Meeting Conference, San Diego, California, October 2010)
  • "Employment Law Counseling And Human Resource Issues" (Burnham Brown Risk Management Conference, San Francisco, California, April 2010)
  • "Employment Law Summer Breakfast Series - Managing Wage and Hour Claims, Pitfalls In Hiring And Termination, Leave Laws, Avoiding Discrimination Suits" (Burnham Brown Employment Series, Oakland, California, June to September 2009)
  • "Sexual Harassment Investigations in the Workplace" (Harmonie Spring Conference, New Orleans, Louisiana, April 2009)
  • "California Wage and Hour Class Actions Continue to Soar" (Harmonie Spring Conference, New Orleans, Louisiana, April 2009)
  • "Lessons In Avoiding Risk For Businesses" (Oakland Metropolitan Chamber of Commerce, Oakland, California, September 2008)

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