The primary practices of Doug Hoang are employment law and civil litigation. He has experience in the representation of private and public employers in all aspects of labor and employment counseling and litigation matters. Doug provides counseling to clients regarding personnel decisions and advises clients in formulating employment handbooks, agreements and policies in order to proactively prevent and deal with employment issues. He also handles administrative claims for clients including claims for discrimination, harassment, wrongful termination, and wage and hour compliance. Doug has experience in handling civil litigation cases including wrongful death actions, Life Sciences matters including product liability claims involving medical devices, as well as commercial and residential premise liability.
Professional Memberships and Activities
· Los Angeles County Bar Association
Distinctions
· Joseph Drown Foundation Fellowship
Speeches and Publications
· "Brinker - An Employer Victory on Meal and Rest Periods," April 2012
· "California Employment Law: Updates & Changes for 2012," co-presented seminar, San Francisco, February 2012
· "California Employment Law: Updates & Changes for 2012," co-presented seminar, Los Angeles, January 2012
· "Beware of What You Say: 'Me Too' Evidence Allowed in Sex Harassment Lawsuit," October 2011
· "Employer's Obligation When Faced with an Inadequate FMLA Certification," July 2011
· "Rare Victory for Employers in Disability Discrimination Claim: Employee's Disability-Caused Workplace Threat or Violence Does Not Support an Unlawful Disability Discrimination," May 2011
· "U.S. Supreme Court Trumps California Law Regarding Arbitration Agreements," May 2011
· "United States Supreme Court Rules Oral Complaints Protected Under FLSA," March 2011
· "Employers Must be Vigilant of Discriminatory Motives of Non-Decision Makers," March 2011
· "'Tis the Season to be Vigilant - Holiday Party Etiquette," December 2010
· "New Employment Legislation," October 2010
· Sexual Harassment Prevention Seminar, September 30, 2009
Articles
4/12/2012, Email Alert - Brinker - An Employer Victory on Meal and Rest Periods
After a long and arduous road, the Supreme Court has finally issued its opinion in the long awaited case of Brinker v. Superior Court (Hohnbaum), S166350. As discussed in the article linked below, the opinion can be seen as a rare victory for employers in California. To summarize, in Brinker, the Supreme Court was faced with deciding multiple issues implicating an employer's obligations regarding meal and rest periods, including:
(1) Must employers ensure that meal periods are taken or simply make them available?
(2) When during an employee's shift must a meal period occur?
(3) When must a second meal period be provided?
(4) How long and when must rest periods be taken?
Additionally, the Supreme Court was tasked with determining the suitability of meal and rest period claims for class certification.
10/3/2011, Beware of What You Say: "Me Too" Evidence Allowed in Sex Harassment Lawsuit
Just when you thought it was safe to make comments out of earshot of a potential plaintiff, a California Court of Appeal in the case of Pantoja v. Anton reversed a judgment in favor of the employer and ordered a new trial because the trial court should have admitted "me too" evidence of alleged racial and gender bias.
7/13/2011, Employer's Obligation When Faced with an Inadequate FMLA Certification
When faced with submission of an inadequate certification for FMLA leave, what options does an employer have? In Lewis v. United States of America, the Ninth Circuit Court of Appeals provides guidance for employers faced with just such a situation.
5/12/2011, Rare Victory for Employers in Disability Discrimination Claim: Employee's Disability-Caused Workplace Threat or Violence Does Not Support an Unlawful Disability Discrimination
On April 13, 2011, the Fourth Appellate District in Wills v. Superior Court of Orange County, ruled in favor of the employer, defendant Superior Court of the State of California, County of Orange, in affirmed summary judgment in a disability discrimination claim by plaintiff Linda Wills. In so doing, the Appellate Court ruled that an employer may discipline an employee for engaging in threats or violence against coworkers, even when that behavior is caused by the employee's disability.
5/2/2011, Email Alert - U.S. Supreme Court Trumps California Law Regarding Arbitration Agreements
On April 27, 2011, the Supreme Court in AT&T Mobility LLC v. Concepcion, ____ U.S. _______, held that the Federal Arbitration Act ("FAA") "prohibits states from conditioning the enforceability of certain arbitration agreements on the availability of classwide arbitration procedures." The Supreme Court's decision overturns prior California decisions regarding classwide arbitration and, once again, makes arbitration a viable alternative for employers.
3/23/2011, United States Supreme Court Rules Oral Complaints Protected Under FLSA
The United States Supreme Court in Kasten v. Saint-Gobain Performance Plastics Corp. (March 22, 2011) --- U.S. ---, has resolved the issue of whether oral complaints are protected under the Fair Labor Standards Act ("FLSA").
3/18/2011, Employers Must be Vigilant of Discriminatory Motives of Non-Decision Makers
The United States Supreme Court has dealt employers another hurdle to overcome when making employment decisions. On March 1, 2011, the Supreme Court in Staub v. Proctor Hospital, 131 S.Ct. 1186, held that employers may be held liable for the discriminatory motives of supervisors who influence but do not make the ultimate employment decision.
12/16/2010, Email Alert - 'Tis the Season to be Vigilant - Holiday Party Etiquette
With the arrival of the holiday season, employers are faced with the annual events associated with holiday cheer. It is extremely important for employers to remember that the holiday season also brings many unfortunate opportunities for employer liability.
10/12/2010, Email Alert - New Employment Legislation
Departing governor, Arnold Schwarzenegger, signed and vetoed several pieces of employment legislation at the close of the September 30, 2010 deadline. The new laws, which will go into effect on January 1, 2011, are not as far reaching as in years past, but employers still need to be aware of and familiar with them.
Events
2/8/2012, California Employment Law: Updates & Changes for 2012
2012 brings new responsibilities and obligations for employers. Several employment-related bills were signed into law by Governor Jerry Brown, many of which include new requirements, and it is important for California employers to understand how to comply with them. In order to help protect employers against liability, Morris Polich & Purdy LLP crafted an employment seminar that outlined the new and changing laws of which California employers need to be aware, and provided tips for handling these new requirements.
Our speakers are employment attorneys who specialize in advising employers. Topics covered included:
· The new "Anti-Wage Theft" law
· Additional pregnancy disability leave protections
· Misclassification of employees as independent contractors - new liability and penalties
· Expansion of FEHA protections - gender identity and gender expression
· New background check laws impacting employers
· Many others
Audience:
This seminar provides an insight that is ideal for business owners, senior management and human resources professionals in all types of businesses, as well as attorneys.
1/31/2012, California Employment Law: Updates & Changes for 2012
2012 brings new responsibilities and obligations for employers. Several employment-related bills were signed into law by Governor Jerry Brown, many of which include new requirements, and it is important for California employers to understand how to comply with them. In order to help protect employers against liability, Morris Polich & Purdy LLP crafted an employment seminar that outlined the new and changing laws of which California employers need to be aware, and provided tips for handling these new requirements.
Our speakers are employment attorneys who specialize in advising employers. Topics covered included:
· The new "Anti-Wage Theft" law
· Additional pregnancy disability leave protections
· Misclassification of employees as independent contractors - new liability and penalties
· Expansion of FEHA protections - gender identity and gender expression
· New background check laws impacting employers
· Many others
Audience:
This seminar provides an insight that is ideal for business owners, senior management and human resources professionals in all types of businesses, as well as attorneys.
9/30/2009, Sexual Harassment Prevention Seminar
Government Code Section 12950.1
(AB 1825)
Presented by Beth A. Kahn and Douglas H. Hoang.
(Also at San Francisco Office)