Mr. Fisch is a partner in the Labor & Employment Practice Group in the firm's Century City office.
Areas of Practice
Mr. Fisch has extensive experience in all aspects of litigation, and has successfully defended management before federal and state courts and administrative agencies in defense of complaints for class action and single-plaintiff matters, involving wage-and-hour violations, wrongful termination, age, race, gender, and national origin discrimination, sexual harassment, retaliation, and other statutory, contract and tort-related claims, as well as in relation to union campaigns and elections.
Mr. Fisch regularly provides clients with practical advice on a wide range of day-to-day labor and employment law issues, including establishing effective human-resource policies and complying with federal and state laws, such as those relating to wage-and-hour issues, disability and family/medical leave laws, workplace violence prevention, and the discipline and termination processes. He also regularly prepares and revises employee handbooks and other employment-related documents, including separation, arbitration, and confidentiality agreements.
Mr. Fisch has experience conducting, organizing, and overseeing internal corporate investigations relating to allegations of discrimination, harassment, and employee wrongdoing involving theft, and assault and battery, as well as counseling in-house professionals on how to conduct investigations of workplace misconduct. He also has obtained temporary restraining orders to help prevent workplace violence.
Experience
Representative Wage Hour Cases
· Arpajian v. Countrywide (settled (on individual basis) class action concerning alleged Labor Code violations for alleged untimely payment of final wages)
· Abhyankar v. Countrywide (class action concerning alleged Labor Code violations for misclassification of exernpt employees based on violation of salary-basis test because of jury duty policy and alleged untimely payment of final wages, including accrued vacation)
· Boon v. Beverly Hills Hotel (class action concerning alleged Labor Code violations for alleged overtime, meal/rest break, uniform deductions, and untimely payment of final wages)
· Bundy v. Countrywide (class action concerning alleged Labor Code violations for alleged miscalculation of bonuses and payment of commissions)
· Cheenan v. Countrywide (prevailing on motion to deny class certification (and successfully defeating appeal) regarding alleged Labor Code violations for failure to timely pay final wages and alleged overtime and off-the-clock violations)
· Contreras v. United Food Group (settled class action for alleged Labor Code violations for alleged meal/rest break violations and alleged off-the-clock violations)
· Elliot v. Spherion Corp. (prevailing on motion for summary judgment and successfully defeating appeal) in class action regarding alleged Labor Code violations for failure to timely pay final wages and alleged improper wage statements)
· Esteban Zamora v. Countrywide (class action concerning alleged Labor Code violations for alleged improper wage staternents, meal/rest break violations, and untimely payment of final wages)
· Hogan v. NBC Universal (settled on (individual basis) class action concerning alleged Labor Code violations for failure to timely pay final wages, meal/rest break violations, uniform reimbursements, and improper wage statements)
· Jones v. Kaiser Foundation Hospitals prevailing on motion summary adjudication (and then settling on individual basis) (class action concerning alleged Labor Code violations for failure to timely pay final wages, meal/rest break violations, reporting time pay violations and improper wage statements)
· Jordan-Jones v. Jacob Health Care Center (settled class action regarding alleged Labor Code violations for alleged off-the-clock violations, improper wage statements, meal/rest break violations, and untimely payment of final wages)
· Lew v. Countrywide (class action concerning alleged Labor Code violations for alleged unpaid wages, improper wage statements, meal/rest break violations, and untimely payment of final wages)
· Martinez v. Countrywide (settled class action concerning alleged Labor Code violations for alleged overtime violations and untimely payment of final wages)
· Mendoza v. Nissan Woodworks (settled multi-plaintiff suit for alleged overtime, meal/rest break, and off-the-clock violations for non-exempt employees)
· Montecino v. Spherion Corp. (settled on individual basis (for walk-away agreement) class action concerning alleged Labor Code violations for failure to timely pay final wages)
· Ronald Zamora v. Countrywide (settled class action concerning alleged Labor Code violations for alleged miscalculation of bonuses and payment of commissions)
· Stevens v GCS Service (successfully defended appeal of motion for summary judgment concerning alleged Labor Code violations for failure to pay compensation for overtime and travel time)
· Tollefsen v. Countrywide (settled on (individual basis) class action concerning alleged Labor Code violations for alleged improper wage statements, meal/rest break violations, and untimely payment of final wages)
Honors
· Recognized as Top Young Lawyer in Southern California for Labor and Employment in the 2009 Super Lawyers, Rising Stars Edition.
· Recognized, Labor and Employment and Labor and Employment Litigation, Legal 500, 2011
Articles
· Employers, Sit Tight and Wait for 'Brinker', The Recorder, November 30, 2011
· Providing A Seat And Time To Eat To Calif. Employees, Law360, November 4, 2011
Labor & Employment Law Blog Articles
· "The EEOC Issues Updated Guidance on Employer Use of Arrest and Conviction Records," May 4, 2012
· "The EEOC Finds Discrimination on the Basis of Gender Identity (Against a Transgender Individual) a Viable Claim Under Title VII," May 1, 2012
· "President Obama Appoints Three to NLRB During Purported Congressional "Recess," January 10, 2011
· "NLRB Requires Employer to Rehire and Provide Backpay to Employees Terminated for Derogatory Comments Made About Co-Worker on Facebook," September 19, 2011
Speeches
· "Annual Employment Law Update 2010 for California Employers," Vernon Chamber of Commerce (February 2, 2010)
· "Just Say No to Class Actions: Proven Strategies for Avoiding Class Action Lawsuits," Employer Resource Institute, Business and Legal Reports, 2009 Employment Law Update (October 21, 2009)
· "2009 California Employment Law Annual Update," Seyfarth Shaw Breakfast Briefing (February 5 & 12, 2009)
· "Annual Employment Law Update 2009 for California Employers," Vernon Chamber of Commerce (February 3, 2009)
· "The Most Common Mistakes Your Supervisors Make - And How You Can Get Them To Stop," Employer Resource Institute, Business and Legal Reports, 2008 Employment Law Update (October 15-17, 2008)
· "Hold 'Em or Fold 'Em?: How Not To Lose The Attorney-Client Privilege," Association of Corporate Counsel of America (ACC), Southern California Chapter (July 16, 2008)
Events
· Labor & Employment Law Update & Happy Hour - Los Angeles, March 8, 2011
(Also at New York, N.Y. Office)