Mr. Labate is a partner in the Labor and Employment Practice Group in the firm's Orange County office, and is the Chair of this Practice Group.
Areas of Practice
Mr. Labate specializes in labor and employment law, and represents employers only in a wide range of industries throughout California and the United States. He provides general advice to employers relating to labor and employment issues, and has extensive experience in defending employers against claims of discrimination, harassment, retaliation, wrongful termination, defamation, invasion of privacy, workplace violence, overtime, and other related matters. Mr. Labate is a trial attorney who has had great success defending his clients in court. Mr. Labate has also defended employers in numerous wage and hour class actions, with a special emphasis on class actions in the mortgage, restaurant, retail, and manufacturing industries. He regularly uses alternative dispute resolution techniques, such as mediation and arbitration, to resolve employment disputes and litigation.
Experience
Representative Clients
Hyundai, LendingTree, Roto Rooter, In-N-Out Burger, Beckman Coulter, McDonald's, Timberland, IHOP, C&D Zodiac Aerospace, Harbor Freight Tools, Lawry's Restaurants, Lynx Grills, Greenlight Mortgage, Hillstone Restaurant Group, Sure Fire Technologies, Red O Restaurant, Roland DGA, Atria Senior Living, The Nixon Library, Shell Vacations, Mobile Mini, U.S. Technologies, Talbert Medical Center, Swisher, National Health Properties, Quest International, CODAN U.S.A., and many more.
Lectures and Appearances
Mr. Labate has presented lectures for employer's organizations such as Professionals in Human Resources Association, Employers Advisory Counsel, Employer's Group, Association of Corporate Counsel, and more. He has also appeared on television and radio as a spokesperson for Citizen's Against Lawsuit Abuse.
Recent Trial Victories
Kashani v. Hyundai Information Services North America (Orange County Superior Court, Judge Franz Miller). Obtained a complete defense verdict concerning claims based on the executive exemption, overtime, meal periods, and rest periods in a two-week jury trial.
Aspesi v. Hyundai Motor America, (Orange County Superior Court, Judge Peter J. Polos). Obtained a complete defense verdict on all causes of action brought by two plaintiffs in 4-week jury trial.
Published Decisions
Corder v. Houston's Restaurants, Inc., 424 F. Supp. 2d 1205 (C.D. Cal. 2006) (held meal and rest periods violations were penalties subject to a one-year, rather than a four-year, statute of limitations; only one penalty per day despite multiple meal and/or rest period violations).
Honors
· Recipient, Los Angeles County Special Award for Distinguished Service as general counsel for Special Assistance for Victims in Emergency, a non-profit charitable organization
Memberships
· Member, Labor Law Section, Orange County Bar Association
· Member, Board of Directors of Citizens Against Lawsuit Abuse
· Special Counsel, Project Access, a non-profit charitable organization in Orange County
Articles
· How to Hire and Fire Without Fear!, Orange County Business Journal, March 21, 2011
· Q&A With Sheppard Mullin's Greg Labate, Law360, August 4, 2009
· Let's Do Lunch: Court of Appeal Decision Under Review, Society for Human Resource Management (SHRM) California Employment Law Special Update, April 2009
· Defense Tactic Puts Brakes on Auto Employee's Sex Bias Suit, Daily Journal, July 11, 2008
· Five Common Wage and Hour Mistakes That Could Cost Your Company Millions, Orange County Business Journal, September 17, 2007
· Regular Rate of Pay: Avoiding Common Mistakes in Calculating Overtime Pay in California, September 11, 2006
· How To Protect Your Company From Employment Class Actions, Orange County Business Journal, June 6, 2005
· Layoffs, Downsizing & RIFS: How To Do Them Right, Orange County Business Journal, March 18, 2002
· Ten Steps That Could Save Your Company, Orange County Business Journal, April 19, 2001
· Is Your Independent Contractor Really An Employee?, February 21, 2000
Speeches
· Labor and Employment Law Updates
· Layoffs, Downsizing & RIFS
· Conducting Effective Workplace Investigations
· How to Hire and Fire
· Discrimination, Harassment and Retaliation
· California Wage & Hour Law
· Violence in the Workplace
· Sexual Harassment
· Leaves of Absence
· Employee Handbooks
· At Will Employment
· Independent Contractors
· Documentation in the Workplace