Fraser A. McAlpine

Managing Shareholder
San Francisco,  CA  U.S.A.
Phone415-796-5472

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Class Actions and Complex Litigation
  • General Employment Litigation
  • Wage and Hour
  • Airline and Airline Service Providers
  • Energy and Utilities
  • Professional Services
  • Retail
  • Transportation and Warehousing
 
University Colorado College, B.A., Phi Beta Kappa, 1975
 
Law SchoolUniversity of Toledo College of Law, J.D., 1978 Member, Law Review
 
AdmittedU.S. Supreme Court; 5th Circuit Court of Appeals; 6th Circuit Court of Appeals; 9th Circuit Court of Appeals; California - C.D. Cal; California - E.D. Cal; California, 2007, California - N.D. Cal; California - S.D. Cal; Texas - E.D. Tex; Texas - N.D. Tex; Texas - S.D. Tex; Texas - W.D. Tex; Texas (inactive)
 
Born1953
 
Biography

Fraser A. McAlpine is a Shareholder in the San Francisco, California, office of Jackson Lewis P.C. He represents employers in complex employment litigation including class actions, collective actions, and representative actions.

Mr. McAlpine has represented employers in a wide range of employment discrimination cases brought by private plaintiffs or governmental agencies involving claims concerning pay, promotions, reduction-in-forces, and reasonable accommodation. He has also represented employers in disputes with officers or executives involving, for example, claims for various forms of incentive compensation such as stock options or equity. He has also represented management in cases brought under or involving ERISA including claims for interference with employee rights and benefits, and claims for withdrawal liability. When defending complex employment cases Mr. McAlpine frequently works with statisticians and labor economists. He has also briefed and argued appeals in the state and federal appellate courts.

Mr. McAlpine defends class actions and representative actions alleging violations of California wage and hour laws and collective actions brought under the Fair Labor Standards Act. These cases have involved, for example, allegations that employees were misclassified as independent contractors or misclassified as exempt, failure to pay overtime or minimum wages, that employees worked off-the-clock, that employees were not allowed meal periods and rest breaks required by state law, that California's paycheck requirements were not observed, and that other provisions of California or federal law were violated.

Mr. McAlpine's practice also involves traditional labor law. He has experience handling unfair labor practice charges and trials, labor arbitrations, and other labor proceedings.

While attending law school, he was a member of the University of Toledo Law Review.

Honors and Recognitions

Fraser A.
McAlpine

Publications

June 24, 2014

California High Court: Class Action Waivers in Arbitration Valid, But Waivers of Representative Actions under State Law Are Not

June 24, 2014

The Federal Arbitration Act preempts California law disfavoring enforcement of a class action waiver in employment arbitration agreements, the California Supreme Court has held, overruling its prior holding to the contrary in Gentry v. Superior Court, 42 Cal. 4th 443 (2007). Iskanian v. CLS Transp. Los Angeles, LLC, No. S204032 (Cal....

May 30, 2014

Court's Flawed Trial Plan Sinks Overtime Class Action against Employer, California Supreme Court Rules

May 30, 2014

Calling “seriously flawed” a lower court's trial management plan which used sampling evidence to prove class liability and damages under California law, the California Supreme Court has vacated a $15-million judgment against the employer for overtime pay and remanded the case for a new trial on both liability and...

Blog Posts

California Workplace Law
Minimum Salary Rate Increases for California Computer Software Professional Exemption Announced
December 4, 2014

The required compensation levels for employees exempt from overtime rate of pay requirements under the California computer software professional exemption will increase by 2.2 percent from current levels beginning January 1, 2015, the California Department of Industrial Relations (DIR) has announced.

By Fraser A. McAlpine

California Workplace Law
San Francisco Associate Alison Hong Presented With the California Bar President's Pro Bono Service Award
September 19, 2014

San Francisco Associate Alison Hong was honored with a 2014 California Bar President's Pro Bono Service Award at a formal reception last Friday, September 12, 2014 as a part of the 87th State Bar Annual Meeting in San Diego, Calif. The award was presented to Alison by State Bar President Luis J.

By Fraser A. McAlpine

California Workplace Law
California District Court Holds that Federal Aviation Administration Authorization Act Preempts Drivers' Minimum Wage Claims
June 6, 2014

J.B.

By Fraser A. McAlpine

In the News

October 13, 2014 Jackson Lewis

Jackson Lewis Expands in San Francisco with Addition of Three Attorneys

October 13, 2014

SAN FRANCISCO, CA (October 13, 2014) -- Jackson Lewis P.C., one of the largest workplace law firms in the world representing management, is pleased to announce the addition of three new attorneys to the firm's San Francisco office. Lisa Barnett Sween and Natalja Fulton have joined the firm as Shareholders. ...

November 18, 2013 Jackson Lewis

Fraser A. McAlpine to Head Jackson Lewis San Francisco Office

November 18, 2013

SAN FRANCISCO, CA (November 18, 2013) - Jackson Lewis LLP, one of the largest workplace law firms in the world representing management, is pleased to announce Fraser A. McAlpine has joined the firm and will become Managing Partner of the firm's San Francisco office, effective January 1, 2014. Mr. McAlpine was formerly at...

 
ISLN905061168
 


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Office Information

Fraser A. McAlpine

50 California Street, 9th Floor
San FranciscoCA 94111




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