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Direct Dial: (510) 835-6806
Facsimile: (510) 835-6666
Practice Areas
Industries
Education
J.D., University of California at Davis, 1989
B.A., Economics, University of California at Davis
Licensed to Practice in
Articles
- Burnham Brown Partner, Cathy Arias, Featured in California Lawyer Magazine’s Labor and Employment Roundtable
- Burnham Brown Partners, Cathy Arias and Allyson Cook, Featured in the Oakland Business Review
- Burnham Brown Partner, Cathy Arias, Featured in the Oakland Business Review
- Burnham Brown Attorneys, Cathy Arias and Allyson Cook, Featured in the EUCA Magazine
- Big Pizza Case Gets Tossed
(View All)
Attorney Profile PDFs
Client Alerts
- New Employer Friendly Decision Finds Employers are Only Required to Make Meal Periods and Rest Periods "Available" to Employees and Stresses the Importance of Written Company Policies
- A Win for California Employers: Employee’s Burden of Proof in Discrimination Cases is Now “Substantial”
- New Laws Impacting California Employers in 2013
- Remodeling the Disability Access Claim: New Law Aids California Businesses
- Point-of-Sale ADA Claims Pointing Upward
(View All)
Firm News
Recent News
Reported Trial Results
Practice Experience
- Represents employers in a full range of employment-related matters, including discrimination, harassment, wrongful termination, civil rights lawsuits, unfair competition proceedings, state and federal wage and hour litigation, and other related claims.
- Practices before all state and federal courts, as well as before the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the Office of the State Labor Commissioner, the Worker’s Compensation Appeals Board and the National Labor Relations Board
Litigation
- Experienced in public access litigation, civil rights actions, business and other complex litigation
- Represented the target defendant in six coordinated products liability class actions and was appointed liaison counsel by the court
- Served as local counsel for a major oil company in a nationwide disability access class action settlement
Advice & Counsel
- Counsels employers on the Americans with Disabilities Act, the California Business & Professions Code, the Family and Medical Leave Act, employee terminations, workplace violence, pre-employment screening, employment agreements, drug and alcohol testing, restrictive covenants, and trade secrets
- Drafts employee handbooks, including anti-discrimination policies, and conducts in-house training programs
Professional Associations
- Frequently speaks to contractors’ groups, public entities, risk management associations, and private corporations on legal topics including litigation management, the Americans with Disabilities Act, and prevention of retaliation and sexual harassment claims
- Member of State Bar of California, American Bar Association, Alameda County Bar Association, Executive Women's Golf Association and the East Bay La Raza Lawyers Association
Successes
- Successfully drafted briefs and argued 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 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.
- Defeated 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.
- Obtained defense verdict in employment wage and hour case
- Appellate Court upholds jury's unanimous defense verdict in a civil right discrimination matter involving service animals.
- Plaintiff in disability discrimination case scrambles to settle case for less than the original offer following opening statements
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