Mr. Labate is a partner in the firm's Orange County office, and is Chair of the firm's Labor and Employment Practice Group.
Areas of Practice
Mr. Labate specializes in labor and employment law, and represents employers 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, employee raiding, and other related matters. He 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.
•Recipient, Los Angeles County Special Award for Distinguished Service as general counsel for Special Assistance for Victims in Emergency, a non-profit charitable organization
Hyundai, LendingTree, Roto Rooter, In-N-Out Burger, Beckman Coulter, Bank of America, Mother's Market, Stearns, Ennis, McDonald’s, Timberland, IHOP, C&D Zodiac, Harbor Freight Tools, Lawry's Restaurants, Lynx Grills, Greenlight Mortgage, Hillstone Restaurant Group, Sure Fire Technologies, Roland DGA, Atria Senior Living, The Nixon Library, Shell Vacations, Mobile Mini, U.S. Technologies, LoanDepot, Sunstate Equipment, Talbert Medical Center, Swisher, National Health Properties, Quest International, CODAN, and many more.
Lectures and Appearances
Mr. Labate has presented lectures for employer's organizations such as Professionals in Human Resources Association, Employer's Advisory Counsel, Employer's Group, Association of Corporate Counsel, and more. Mr. Labate was recently selected to be the keynote speaker at PIHRA’s Annual Convention in 2013. He has also appeared on television and radio regarding labor and employment issues.
Tran v. A and G, Inc. (Orange County Superior Court) Defeated motion for class certification in wage and hour class action.
Icon v. REMN (Orange County Superior Court) Obtained an injunction in an employee raiding action.
Kashani v. Hyundai Information Services North America (Orange County Superior Court). Obtained a complete defense verdict in a two-week trial, defeating plaintiff's claims for overtime, meal periods, rest periods, and attorney's fees.
Aspesi v. Hyundai Motor America (Orange County Superior Court). Obtained a complete defense verdict in a four-week jury trial, defeating two plaintiffs' claims for sexual harassment, gender discrimination, retaliation, wrongful termination, and more.
Johnson v. Mass Connections (Los Angeles County Superior Court) Defeated motion for class certification in wage and hour class action.
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).
Publications & News
•How to Hire and Fire Without Fear!
Orange County Business Journal, March 21, 2011
•Let's Do Lunch: Court of Appeal Decision Under Review
Society for Human Resource Management (SHRM) California Employment Law Special Update, April 2009
•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
•“Layoffs Without Lawsuits: An Employer's Guide To Downsizing In These Difficult Economic Times,” Orange Country Business Journal, September 2010
•Q&A With Sheppard Mullin's Greg Labate
Law360, August 4, 2009
•Defense Tactic Puts Brakes on Auto Employee's Sex Bias Suit
Daily Journal, July 11, 2008
•Labor and Employment Law Updates
•How to Avoid Class Action Lawsuits
•Layoffs, Downsizing & RIFS
•Conducting Effective Workplace Investigations
•How to Hire and Fire
•Discrimination, Harassment and Retaliation
•California Wage & Hour Law
•Violence in the Workplace
•Leaves of Absence
•Documentation in the Workplace
•Labor & Employment Legal Update & Happy Hour
Fall 2014 Seminar Series - Orange County
October 30, 2014
•Breakfast With Your Labor Lawyer - Orange County
Spring 2014 Seminar Series
April 9, 2014
•Current Member, Labor Law Section, Orange County Bar Association
•Special Counsel, Project Access, a non-profit charitable organization in Orange County