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Direct Dial: (510) 835-6816
Facsimile: (510) 835-6666
Practice Areas
Industries
Education
J.D., University of San Francisco School of Law, 2003
B.A., University of San Francisco, Cum Laude
Licensed to Practice in
About Us
Articles
Attorney Profile PDFs
Client Alerts
- New Laws Impacting California Employers in 2013
- No Good Deed Goes Unpunished: Employee Bonus Program Leads to Overtime Class Action
- California Employers Receive Long Overdue Clarification Of Their Obligations Regarding Meal And Rest Breaks
- New California Employment Laws Affecting Businesses in 2012.
- Employees May No Longer Sue Employers For The Alleged Mishandling Of Tips Under California Labor Code Section 351
Practice Expertise
- Practice focuses on employment advice and litigation including matters involving harassment and discrimination under FEHA, Title VII, ADA, and ADEA, FMLA/CFRA/PDL, wage and hour claims, termination, and retaliation
- Experience in workers' compensation discrimination claims pursuant to Labor Code §132 and serious and willful claims before the Workers' Compensation Appeal Board and wage claims before the Labor Commissioner
- Handles complex wage and hour class actions in state court
Litigation
- Represents employers in disputes involving harassment and discrimination including investigation, discovery, law and motion, alternative dispute resolution, and trial
- Handles wage and hour class actions involving exempt status, unpaid wages, overtime, meal and rest breaks, and associated penalties
- Mediates and arbitrates employment matters before FINRA
Advice & Counsel
- Presents to employers on numerous employment matters including sexual harassment, FMLA/CFRA/PDL, discrimination, investigations, and wage and hour issues, and terminations
- Conducts independent pre-litigation investigations into harassment claims, including sexual harassment
- Counsels employers on employment related matters including employee terminations, wage and hour, the ADA, FMLA/CFRA/PDL, FEHA, ADEA and Title VII
- Drafts employment guidelines and policies for employers and coordinates roll-out implementation procedures
Professional Associations
- Member of the State Bar of California and the Alameda County Bar Association, with an emphasis in their employment and litigation sections
- Member of the National Retail Federation
- Participates as a Judge at McCullum Youth Court, a volunteer program that keeps youth offenders out of the juvenile justice system
- Member of Defense Research Institute (DRI) with active membership in the employment and retail and hospitality groups
- Co-Chair of Burnham Brown's Women's Committee
Publications
- "No Good Deed Goes Unpunished, Employee Bonus Program Leads to Overtime Class Action," Oakland Business Review
- "California Wage and Hour Claims Soar," EUCA Magazine
- "Off-Hand Remarks Made by Employee may be Evidence of Discrimination," Oakland Business Review
Successes
- Successfully drafted briefs and assisted in arguing the application of California Labor Code section 514 that resulted in a dismissal, with prejudice, of class members' claim for overtime compensation, which was estimated at over $5 million dollars. The Court determined that Labor Code section 514 applied and thus, the class members were not entitled to overtime pursuant to Labor Code section 510 or the IWC Wage Orders.
- Obtained a unanimous defense verdict in binding arbitration before the Financial Industry Regulatory Authority ("FINRA") after an employee complained of discrimination. The plaintiff-employee contended that the defendant terminated him based on his age, disability, and sexual orientation. Prior to the arbitration, the employee demanded $12.5 million, which was reduced to $2.5 million during closing argument. The arbitration award was confirmed by the Superior Court.
- Obtained summary judgment in federal court, which disposed of a plaintiff-employee's sexual harassment complaints, including harassment/discrimination in violation of Title VII, constructive discharge, retaliation, and intentional infliction of emotional distress. The plaintiff-employee sued her employer for sexual harassment after an assistant manager purportedly touched her and made sexual comments. The Court granted the Motion finding that Plaintiff failed to exhaust her administrative remedies, her emotional distress claims were preempted by the Workers' Compensation Act and she released such claims via a Compromise and Release. The Judge also awarded the defense its costs.
- Assisted in obtaining a unanimous defense verdict after a client was sued by two African-American customers who claimed they were victims of race discrimination after a Latina employee allegedly refused them service.
- Obtained Summary Judgment in federal court dismissing a plaintiff's entire action due to preemption. A plaintiff filed suit after falling off a railcar while offloading chemicals alleging products liability, premises liability, and negligence after suffering significant injuries that required a two-level cervical fusion. We filed a motion for summary judgment/adjudication based on numerous legal issues, including preemption regarding the design of the railcar. The court granted the Motion and awarded the defense its costs.
- Assisted in defeating certification of a purported wage and hour class action involving allegations that over 100 fast food restaurant managers were misclassified as exempt and owed unpaid overtime and meal/rest break penalties.
- Second-chaired a trial in federal court and obtained a unanimous defense verdict for a national retailer in a design defect collapsed ladder case with claimed damages in excess of $8 million dollars.
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