Direct Dial: (510) 835-6708

Facsimile: (510) 835-6666

Practice Areas

• Employment
• Directors & Officers
• Class Action

Education

J.D., University of Colorado, Boulder, CO, 1996
B.A., English with Honors, University of California, Berkeley, CA, 1993

Licensed to Practice in

• California

Articles

• Burnham Brown Attorney, Andrew Shalauta, featured in the California Society for Healthcare Risk Management’s Fall 2009 Newsletter
• Burnham Brown Attorney, Andrew Shalauta, Featured in the EUCA Magazine
• Businesses must beware of employment lawsuits: Essential lessons in avoiding risks
• Inherent Risks in Hiring and Misclassifying Independent Contractors

Attorney Profile PDFs

• Shalauta, Andrew

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
• New Laws Impacting California Employers in 2013
• New California Employment Laws Affecting Businesses in 2012.
• Employers In California Should Have A Company Policy Monitoring Employee E-mails and Internet Use
• The U.S. Department Of Labor And Internal Revenue Service Release Guidelines For New COBRA Rules Under The American Recovery And Reinvestment Act Of 2009 (ARRA)
(View All)

Firm Events

• Burnham Brown Partner, Andrew Shalauta, Will Present "New Employment Laws for 2013 And Trends In Lawsuits" at the Oakland Metropolitan Chamber of Commerce’s Lunch and Learn Session On Wednesday, Feb. 20th, 2013

Firm News

• Inherent risks in hiring and misclassifying independent contracts as published in the Oakland Business Review by Andrew Shalauta
• Burnham Brown Vacates $1.9 Million Judgment Against Carrier’s Insured

Recent News

• Burnham Brown Attorney, Andrew Shalauta, featured in the California Society for Healthcare Risk Management’s Fall 2009 Newsletter and in the EUCA Magazine
• Burnham Brown attorney, Andrew Shalauta, obtains dismissal for electrical contractor in lawsuit by electricians union involving dispute over Department of Industrial Relations' classifications and prevailing wages on public works projects
• California Court of Appeal Affirms Summary Judgment in Favor of Trucking Defendants
• Businesses must beware of employment lawsuits: Essential lessons in avoiding risks
• Burnham Brown Partner, Andrew Shalauta, has been elected to the position of Secretary for PLUS (Professional Liability Underwriting Society) Northern California Chapter Committee for 2011 term

Reported Trial Results

• Burnham Brown attorneys, Paul Caleo and Andrew Shalauta, obtained summary judgment in Solano County for a commercial motor carrier in a wrongful death case arising out of a collision at truck weigh scales.

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     

• "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 Outreach Event, Thoits Insurance Agency, San Jose, California, August 2012)
• "Pre-employment Background Checks, Social Media And Impact on Employers, the NLRA, and Retaliation" (Retail, Restaurant, and Hospitality Conference, San Francisco, California, November 2011)
• "Nip It In The Bud - Strategic Use Of ADR To Contain Major Class Action Liability Exposure" (DRI Annual Meeting, San Diego, California, October 2010)
• "Employment Law Counseling And Human Resource Issues" (Burnham Brown Risk Management Conference, San Francisco, California, April 2010)
• "Managing Wage and Hour Claims, Pitfalls In Hiring And Termination, Leave Laws, and Avoiding Discrimination Suits" (Burnham Brown Summer Breakfast Series, Oakland, California, June to September 2009)
• "Sexual Harassment Investigations in the Workplace" (Harmonie Group Spring Conference, New Orleans, Louisiana, April 2009)
• "California Wage and Hour Class Actions Continue to Soar" (Harmonie Group Spring Conference, New Orleans, Louisiana, April 2009)
• "Lessons In Avoiding Risk For Businesses" (Oakland Metropolitan Chamber of Commerce, Oakland, California, September 2008)  

Articles

• "Employers Need To Know The Risks And Potential Liabilities In Using And Misclassifying Independent Contractors" (California Society for Healthcare Risk Management's Fall 2009 Newsletter)
• "Risks And Potential Liabilities In Using And Misclassifying Independent Contractors - What Employers Need To Know" (Engineering & Utility Contractors Association's Magazine, September 2009)
• "Businesses Must Beware Of Employment Lawsuits: Essential Lessons In Avoiding Risks" (Oakland Business Review, September 2008)
• "Inherent Risks In Hiring And Misclassifying Independent Contractors" (Oakland Business Review, June 2008)

Languages

• Ukrainian