Mr. Kaufman is a partner in the Labor & Employment Practice Group in the firm's Century City office.

Areas of Practice

Mr. Kaufman's practice is in employment litigation defense, with an emphasis on California Labor Code and federal wage/hour class actions. Mr. Kaufman has handled class litigation matters for a wide variety of industries, including banks and mortgage lenders, hospitals, large newspapers, information technology companies, restaurants, and other retailers. Mr. Kaufman also is experienced in litigating employment discrimination cases, including winning several jury trials.

Experience

Notable Class Action Experience

· Vinole v. Countrywide Home Loans, Inc., 571 F.3d 935 (9th Cir. 2009) (affirming 246 F.R.D. 637 (S.D. Cal. 2007)). Motion to deny class certification granted as to purported class of several thousand Home Loan Consultants. Disapproved line of anti-employer class certification decisions.

· Okura v. Kaiser Foundation Health Plan, Inc. (Cal. App. Jul 29, 2008). Won summary judgment, affirmed on appeal, in action alleging exempt misclassification of purported class of 400 highly paid pharmacy managers. Established California executive exemption applied as a matter of law to the class representative.

· Louie v. McCormick & Schmick Restaurant Corp. 460 F. Supp. 2d 1153 (2006). Obtained dismissal in tip-pooling class action that established the proposition that it is lawful to compel waitstaff to share tips with restaurant bartenders.

· Steinhebel v. Los Angeles Times Communications, LLC, 126 Cal.App.4th 696 (2005). Obtained summary judgment in $7 million class action alleging that defendant unlawfully charged back commissions it had previously advanced to its telesales employees for new subscription sales when those subscriptions were canceled in the first 28 days. Argued case on appeal, resulting in published affirmance of summary judgment.

Trial Experience

· Friedman v. Symantec Corp., LASC Case No. BC 367878 (Nov./Dec. 2008 Trial). Two-week jury trial in downtown Los Angeles for fraud, breach of contract and failure to pay wages to high-paid salesperson. Plaintiff demanded $900,000 to settle. After less than two hours of deliberation, unanimous jury awarded complete defense verdict.

· Sosa v. Southern California Permanente Medical Group, OCSC Case No. 03CC14786 (Mar. 2005 trial). Three week jury trial in the Orange County Superior Court. Allegations of failure to promote on account of age and gender discrimination. Plaintiff demanded $195,000 to settle. After less than one hour of deliberation, unanimous jury awarded complete defense verdict.

· Moultrup v. The Staubach Co., LASC No. BC 281068 (March 2004 trial). Began as a ten-day jury trial in the Los Angeles Superior Court. Allegations of breach of executive employment contract and fraud. Plaintiff demanded $1.85 million to settle. Five days into the trial, Plaintiff agreed to dismiss his case in exchange for a waiver of costs.

· Whelan v. LSG Sky Chefs, Inc., USDC No. SACV 03-1016 JVS (Feb. 2004 trial). Five-day jury trial in the Santa Ana federal court. Allegations of fraudulent misrepresentations concerning eligibility of employee to retire. Plaintiff demanded $850,000 to settle. After less than one day of deliberation, unanimous jury awarded complete defense verdict.

· Vita v. Southern California Permanente Medical Group, LASC No. BC 189171 (Feb 2002 trial). Retained for purposes of trial only on discrimination/retaliation case in which Plaintiff demanded $1 million to settle. Five week jury trial. After three days of deliberation, obtained unanimous defense verdict on all claims.

Wage and Hour Class and Collective Action Experience

· Advantage Services adv. Ramirez, BC 368131 (Los Angeles Superior Court) (improper deductions from temporary employee's to cover cost of safety belts and meal period violations).

· American Restaurant Group (Black Angus) adv. Farmer, BC 349068 (Los Angeles Superior Court) (tip-pooling distribution from servers to bartenders).

· American Restaurant Group (Black Angus) adv. Walker, 106CV070418 (Santa Clara Superior Court) (failure to provide meal and rest breaks to servers).

· ARAMARK Uniform & Career Apparel, Inc. adv. Austin, 02 CC 105 (Orange Superior Court) (deductions taken from checks of route salesmen who failed to collect from customers).

· ARAMARK Uniform & Career Apparel, Inc. adv. Dufour/Page, 04 CV 21852 (Santa Clara Superior Court) (failure to provide mandatory meal and rest breaks to driver salespersons).

· Autotrader.com adv. Carter, BC 357958 (Los Angeles Superior Court) (failure to reimburse expenses and unlawful chargeback of commission wages).

· Balboa Life & Casualty (Countrywide) adv. E. Zamora, BC 360026 (Los Angeles Superior Court) (failure to provide accurate wage statements to non-exempt employees).

· Bank of America adv. Pittman, 08 CV 06588 GW (USDC C.D. Cal.) (failure to maintain proper meal and time records on contract employees).

· Baxter Healthcare Corporation adv. Sayaman, CV 10-1049 VBF (USDC C.D. Cal.) (exempt misclassification of Quality Laboratory Associates).

· Bose Corporation adv. Logan, BC 418158 (Los Angeles Superior Court) (off-the-clock work for non-exempt employees in retail stores).

· Cenveo Corporation adv. Negrete, BC 468072 (Los Angeles Superior Court) (unlawful rounding and failure to provide lawful meal periods to publishing plant employees).

· Countrywide Financial Corp. adv. Arpajian, BC 392136 (Los Angeles Superior Court) (waiting time penalties for failure to provide timely final paychecks to terminating employees).

· Countrywide Financial Corp. adv. Daly, 06 CV 05145 RGK (USDC C.D. Cal.) (exempt misclassification of branch and call center subprime loan originators).

· Countrywide Financial Corp. adv. Lew, 08-CV-01993 (USDC N.D. Cal.) (failure to provide meal and rest periods to non-exempt loan processor employees).

· Countrywide Financial Corp. adv. R. Zamora, BC 351127 (Los Angeles Superior Court) (challenging provisions of Account Executive comp plan as unlawful forfeitures of wages).

· Countrywide Home Loans, Inc. adv. Cheenan, BC 346411 (Los Angeles Superior Court) (waiting time penalties for temp agency's failure to provide final check on last day of temp assignment).

· Countrywide Home Loans adv. Chin, RG 08404332 (Alameda Superior Court) (misclassification of sales managers and branch loan originators, collateral Labor Code claims).

· Countrywide Home Loans, Inc. adv. Reveles, BC 366011 (Los Angeles Superior Court) (off-the-clock work and failure to provide meal and rest breaks to non-exempt loan specialists).

· Countrywide Home Loans, Inc. adv. Rounsavall, BC 362453 (Los Angeles Superior Court) (misclassification of loan underwriters).

· Countrywide Home Loans, Inc. adv. Urso, CA5-705-08-01 (AAA Arbitration) (misclassification of branch-based A-paper mortgage loan originators as outside salespersons).

· Countrywide Home Loans, Inc. adv. Vinole, GIC 874405 (San Diego Superior Court) (misclassification of branch-based A-paper mortgage loan originators as outside salespersons).

· Countrywide Home Loans, Inc. adv. Wallace, SACV 08-01463 AG (MLG) (USDC C.D. Cal.) (misclassification of account executives and alleged fraud in carrying out voluntary back pay program in connection with reclassification of job to non-exempt status).

· Countrywide Insurance Services, Inc. adv. Tollefson, 56-2008-00332381 (Ventura Superior Court) (failure to provide meal periods and defective wage statements for non-exempt employees).

· Countrywide Securities Corp adv. Cota, BC 388005 (Los Angeles Superior Court) (exempt status of software developers at Countrywide).

· Cox adv. Camia, 30-2012-00564626 (Orange County Superior Court) (off-the-clock work for non-exempt cable company field technicians).

· Cox Auto Trader, Inc. adv. Byrd, CGC 07-463062 (San Francisco Superior Court) (failure to reimburse mileage and cell phones for outside salespersons).

· Cox Auto Trader, Inc. adv. Montelongo, CGC 08-483561 (San Francisco Superior Court) (unlawful vacation pay forfeiture, failure to reimburse expenses, and waiting time penalties).

· Coxcom, Inc. adv. Castillo, CV 10-1622-DMG (MANx) (USDC S.D. Cal.) (off-the-clock work, meal periods, reimbursement for equipment expenses, and allegedly unlawful vacation policy).

· Coxcom, Inc. adv. Lassiter, 37-2008-00084510 (San Diego Superior Court) (denial of meal and rest periods and wage statement violations as to non-exempt field service representatives).

· Cross Country TravCorps adv. Cossack, 03 CC 406 (Orange Superior Court) (miscalculation of overtime rate, failure to provide statutory meal periods, and waiting time penalties).

· Cross Country TravCorps adv. Kidd, BC 410547 (Los Angeles Superior Court) (miscalculation of overtime rate and failure to provide meal periods).

· Dominion Distribution Services adv. Cortez, BC 397208 (Los Angeles Superior Court) (failure to properly calculate overtime, failure to reimburse expenses, defective wage statements).

· DS Waters adv. Alexander, 2:09-cv-03384- CAS-CT (USDC C.D. Cal) (failure to provide meal periods and alleged off-the-clock work for route drivers).

· E*TRADE Securities, Inc. adv. Simpson, 2:07-cv-00156-VBF -CT (USDC C.D. Cal) (exempt misclassification of relationship manager financial advisors).

· Flextronics International USA, Inc. adv. Khan, 109 CV 152574 (Santa Clara Superior Court) (PAGA-only action alleging exempt misclassification of various IT employees).

· Fluor Enterprises, Inc. adv. Ward, 11-00467-DOC (USDC C.D. Cal.) (misclassification due to alleged failure to pay salary basis to otherwise exempt project controls employees).

· Follett Corp. adv. Hinman, 03 CC 6456 (Orange Superior Court) (reimbursement of travel expenses of California-based sales employees).

· GM Financial adv. Nemeth, 12cv02761 (USDC C.D. Cal.) (alleged misclassification of auto finance company credit analysts).

· HomeServices Lending adv. Buchanan, 3:11-cv-00922-L -MDD (USDC S.D. Cal.) (deductions for business losses and expense reimbursement for HMCs of Wells Fargo joint venture).

· HomeServices Lending adv. DeBlanco, CV 11-08254 SJO (USDC C.D. Cal.) (misclassification of Home Mortgage Consultants for Wells Fargo joint venture).

· Kaiser adv. Brown - Case no. BC 489643 (Los Angeles Superior Court) (alleged failure to include non-discretionary bonus payments in the regular rate of pay).

· Kaiser adv. Coleman-Williams - Case no. 13cv0998 (United States District Court - Northern District) (alleged exempt misclassification of insurance account managers).

· Kaiser adv. Gonzalez - Case no. BC 492725 (Los Angeles Superior Court) alleged off-the-clock work by home health and palliative care employees who work in patient homes).

· Kaiser adv. Jong, RG12613328 (Alameda Superior Court) (off-the-clock work for pharmacy managers following their reclassification to non-exempt status).

· Kaiser adv. Lemmons, 34-2012-00125488 (Sacramento Superior Court) (failure to pay for alleged controlled-standby time for site support specialists).

· Kaiser adv. Lucero - Case no. 37-2012-00084091 (San Diego Superior Court) (alleged misclassification of KP-IT business consultants).

· Kaiser Foundation Health Plan, Inc. adv. Batin, RG 05236181 (Alameda Superior Court) (exempt misclassification of staff and project specialists).

· Kaiser Foundation Health Plan, Inc. adv. Calhoun, CGC-10-501257 (San Francisco Superior Court) (failure to pay retention bonuses to HealthConnect employees at layoff).

· Kaiser Foundation Health Plan, Inc. adv. Lopez, RG 07305405 (Alameda Superior Court) (exempt misclassification of outpatient pharmacy managers).

· Kaiser Foundation Health Plan, Inc., et al. adv. Louie, 08 CV 0795 IEG RBB (USDC S.D. Cal.) (exempt status of Site Support Specialists on KP HealthConnect project).

· Kaiser Foundation Health Plan, Inc., et al. adv. Mike, C 08-05374 MEJ (USDC N.D. Cal.) (exempt misclassification of IT Project Managers).

· Kaiser Foundation Health Plan, Inc. adv. Okura, BC 337100 (Los Angeles Superior Court) (exempt misclassification of pharmacy managers).

· Kaiser Foundation Health Plan, Inc., et al. adv. Ramsey, BC 368605 (Los Angeles Superior Court) (exempt misclassification of utilization analysts and emergency room coordinators).

· Kaiser Foundation Health Plan, Inc. adv. Smith, 3:08-cv-02353-LAB (USDC S.D. Cal.) (exempt misclassification of Senior Business Application Coordinators and KP HealthConnect Analysts and Senior Analysts).

· Kaiser Foundation Health Plan, Inc. adv. Stringer, RG 07349734 (Alameda Superior Court) (exempt misclassification of Business Application Coordinators on KP HealthConnect project).

· Kaiser Foundation Health Plan, Inc. adv. Tate, RG 07318416 (Alameda Superior Court) (failure to pay overtime and provide meal and rest periods to recruiters).

· Kaiser Foundation Hospitals adv. Allen, BC 328121 (Los Angeles Superior Court) (failure to provide accurate wage statements or calculate regular rate for non-exempt employees).

· Kaiser Foundation Hospitals adv. Andino, RG 11580548 (Alameda Superior Court) (challenge to time rounding practices and to pay practices involving shifts spanning two designated "workdays").

· Kaiser Foundation Hospitals adv. Beauchamp, RG 07307245 (Alameda Superior Court) (misclassification of IT employees in Operations and Systems Programmer job families).

· Kaiser Foundation Hospitals adv. Cervantes, RG 06254835 (Alameda Superior Court) (waiting ti me penalties for alleged policy to delay in paying all employees' final paychecks).

· Kaiser Foundation Hospitals, et al. adv. Holliman, RG 05247858 (Alameda Superior Court) (miscalculation of overtime rate for all unionized, non-exempt employees).

· Kaiser Foundation Hospitals adv. Johnson, BC 335531 (Los Angeles Superior Court) (exempt misclassification of software testers).

· Kaiser Foundation Hospitals adv. Jones, RG 07-332538 (Alameda Superior Court) (seeking waiting time penalties for failure to pay timely final paychecks to on-call employees).

· Kaiser Foundation Hospitals adv. Louie, CV 10-670 DMG (USDC C.D. Cal.) (lawfulness of on-duty meal period for graveyard shift hospital pharamacists).

· Kaiser Foundation Hospitals adv. Lusso, RG 11593080 (Alameda Superior Court) (exempt misclassification of IT employees with Solutions Consultant job title).

· Kaiser Foundation Hospitals adv. Magistrado, BC 362677 (Los Angeles Superior Court) (exempt misclassification of health plan underwriters).

· Kaiser Foundation Hospitals adv. Maricich, 3:10cv1375 WQH (USDC S.D. Cal) (exempt misclassification of administrative services supervisors).

· Kaiser Foundation Hospital adv. Martel, 12cv0350 (USDC C.D. Cal.) (alleged misclassification of appointment center supervisors).

· Kaiser Foundation Hospitals adv. Martin, et al., BC 395992 (Los Angeles Superior Court) (exempt misclassification of nurse case managers).

· Kaiser Foundation Hospitals adv. Miles, BC 343535 (and related cases) (Los Angeles Superior Court) (exempt misclassification of IT desktop support employees).

· Kaiser Foundation Hospitals adv. Pasquale, 3:08-cv-00785 (USDC S.D. Cal.) (misclassification of Application Coordinators).

· Kaiser Foundation Hospitals adv. Santos, RG 06300551 (Alameda Superior Court) (exempt misclassification of IT network telephony and operations employees).

· Kaiser Foundation Hospitals adv. Scott, RG 11582019 (Alameda Superior Court) (reimbursement of uniform expenses for hospital employees and meal period practices for patient mobility coordinators).

· Kaiser Foundation Hospitals adv. Small, 37-2011-00099011-CU-OE-CTL (San Diego Superior Court) (exempt misclassification of Network Telephony leads).

· Kaiser Foundation Hospitals adv. Verma, 00303869 (Orange Superior Court) (exempt misclassification of Assistant Dept. Administrators involved in nurse education).

· Kaiser Foundation Hospitals adv. Yam, RG 10498319 (Alameda Superior Court) (exempt misclassification of IT employees working as Desktop Support Leads).

· Kiewit Pacific Co. adv. Burnside, 04 CV 1745 H (USDC S.D. Cal.) (failure to pay wages for travel ti me on company van).

· Lawrence Service Company adv. Green - Case no.12cv06155 (United States District Court - Central District) (off-the-clock work, failure to reimburse expenses, and meal and rest period violations for part-time merchandisers paid on a "project basis").

· Los Angeles Times Communications LLC adv. Steinhebel, BC 278968 (Los Angeles Superior Court) (commission chargebacks for newspaper telemarketers).

· Manheim adv. Ibarra, 12-cv-00318 (USDC S.D. Cal.) (failure to provide meal and rest periods and off-the-clock work for non-exempt auto auction employees).

· McCormick & Schmick's adv. Louie, BC 349037 (Los Angeles Superior Court) (forced tip-pooling distribution from servers to bartenders).

· Mpower Communications Corp. adv. Roberts, BC 329012 (Los Angeles Superior Court) (failure to reimburse business expenses).

· Pacific Interpreters adv. Miller - Case no. 12cv02074 (United States District Court - Oregon) (alleged misclassification of language translators as independent contractors).

· Pitney Bowes, Inc. adv. Chiaramonte, 06 CV 1507 (USDC, S.D. Cal.) (unlawful commission chargebacks and failure to reimburse expenses of sales employees).

· Pitney Bowes, Inc. adv. Nettles, RG 08397421 (Alameda Superior Court) (off-the-clock work, denial of meal periods, and denial of reimbursements to non-exempt service technicians).

· Ruth's Chris Steakhouse adv. Miller, 03 CC 00435 (Orange Superior Court) (failure to provide meal and rest periods and failure to pay accrued vacation pay upon termination of employment).

· Southern California Permanente Medical Group adv. Flores, BC 424255 (Los Angeles Superior Court) (failure to provide meal periods and reimburse expenses of phlebotomists).

· Southern California Permanente Medical Group adv. Luna, BC 370874 (Los Angeles Superior Court) (failure to provide meal periods to any Kaiser non-exempt employees).

· Southern California Permanente Medical Group adv. Malmad, BC 391131 (Los Angeles Superior Court) (exempt misclassification of Senior Systems Consultants).

· Southern California Permanente Medical Group adv. Penuela, BC 396462 (Los Angeles Superior Court (exempt misclassification of IT Project Managers).

· Southern California Permanente Medical Group adv. Port, 37-2007-00067538-CU-OE- CTL (San Diego Superior Court) (exempt misclassification of Analysts of KP HealthConnect project).

· Stanford Hotels, Inc. adv. Carranza, BC427215 (Los Angeles Superior Court) (unlawful time clock rounding, reporting time pay, and meal period violations).

· Symantec Corp. adv. Merenda, BC 350605 (Los Angeles Superior Court) (exempt misclassification of software testers).

· Symantec Corp. adv. Sarkisian, BC 423476 (Los Angeles Superior Court) (exempt misclassification of IT technical workers).

· Tuesday Morning, Inc. adv. Doherty, BC 255823 (Los Angeles Superior Court) (bonus plan challenged as unlawful deduction scheme).

· Tully's Coffee Co. adv. Lam, BC 311114 (Los Angeles Superior Court) (exempt misclassification of store managers in coffee shops).

· Tully's Coffee Co. adv. Kullar, RG 07362451 (Alameda Superior Court) (failure to provide meal and rest periods to non-exempt employees working in coffee shops).

· Tuneup Masters adv. Pimentel, BC 271698 (Los Angeles Superior Court) (exempt misclassification of store managers in automotive service stores).

· Tyco International (U.S.), Inc. adv. Hernandez, BC 315749 (Los Angeles Superior Court) (meal and rest period violations and unlawful rounding down of time for industrial employees).

· Valero Refining Company adv. Wulfe, BC485615 (Los Angeles Superior Court) (off-the-clock work and missed meal and rest periods for non-exempt oil refinery employees).

· Valero Refining Company adv. Wulfe - Case no. 12cv05971 (United States District Court - Central District) (alleged failure to provide meal periods and off-the-clock work for refinery operators).

· Valero Services, Inc. adv. Garcia, BC 373720 (Los Angeles Superior Court) (failure to provide meal periods and to properly calculate regular rate of pay for non-exempt refinery employees).

· Wells Fargo & Company adv. Williams, 37-2012-00097895 (San Diego Superior Court) (alleged misclassification of underwriters).

· Wells Fargo Bank, N.A. adv. Gilbert, 2:11-cv-01841-JCM (USDC. Nevada) (nationwide misclassification of business sales officers under FLSA and Nevada law).

· Wells Fargo Bank, N.A. adv. Gordon, 3:11-CV-00090-JAH (USDC, S.D. Cal.) (misclassification of business sales consultants and failure to reimburse expenses).

· Wells Fargo Bank, N.A. adv. Macey, et al., CGC 10-501835 (San Francisco Superior Court) (deductions from commissions for "trust losses" and reimbursement of HMC expenses).

· Wells Fargo Bank, N.A, adv. Fudge - Case no. 37-2012-00084040 (San Diego Superior Court) (alleged failure to pay earned commissions to terminated loan originators).

· Wells Fargo Bank, N.A. adv. Selga - Case no. 37-2012-00102593 (San Diego Superior Court) (failure to provide meal periods and off-the-clock work to trainers allegedly required to take breaks while in flight between states).

· Wells Fargo Bank, N.A. adv. Sylvia, 03 CC 5747 (Orange Superior Court) (failure to reimburse loan originator's business expenses and unlawful deductions from commissions).

· Wells Fargo Bank, N.A. adv. Taylor, BC 433225 (Los Angeles Superior Court) (off-the-clock work for call center collections employees).

· Wells Fargo Bank, N.A. adv. Vartanian, BC 283288 (Los Angeles Superior Court) (performance- based bonus system challenged as unlawful wage deduction policy).

· Wells Fargo Bank, N.A. adv. Vuong, CGC 08 480756 (San Francisco Superior Court) (exempt misclassification of service managers in bank branches).

Honors

· Recognized, Labor and Employment and Labor and Employment Litigation, Legal 500, 2011

· Southern California Super Lawyer, 2012, 2013

Articles

· Quoted in "Citing Dukes, court overturns class certification in wage and hour dispute," Inside Counsel, May 1, 2013

· "Q&A: If you could change one California law, which would it be and why?" California Lawyer, May 2013

· Quoted in "Lawyers Weigh In On Supreme Court's FLSA Ruling," Law360, April 16, 2013

· Quoted in "KeyBank Ruling May Help Employers Force Arbitration," Law360, April 12, 2013

· Quoted in "Calif. High Court Case May Reveal Stance On Class Waivers," Law360, March 8, 2013

· Quoted in "Quinn Emanuel Contract Atty Faces Uphill Battle In OT Suit," Law360, March 5, 2013

· Quoted in "7th Circ. Ruling Raises Bar For FLSA Class Cert." Law360, February 7, 2013

· Quoted in "Case May Give Calif. High Court Clear Shot At Employer Arbitration," Law360, August 17, 2012

· Mentioned in "Wells Fargo Sales Staff Wins Conditional Cert. In OT Suit," Law360, July 6, 2012

· Quoted in "As Concepion interpretations roll on, a win for California employers," Thomson Reuters, June 8, 2012

· Quoted in "California Ruling Shakes Up Employment Class Waiver Landscape" Law360, June 5, 2012

· Mentioned in "Dukes Might Not Kill Countrywide Workers' Class, Judge Says" Law360, May 21, 2012

· Quoted in "Employer Liability For Rest Breaks Clarified By High Court" Daily Journal, April 13, 2012

· Mentioned in "Countrywide Says Dukes Dooms Worker Wage Suit" Law360, April 9, 2012

· Quoted in "Wage-and-Hour Ruling May Curb Class Actions" Business Insurance, February 13, 2012

· Dukes Represents a Triumph of the Defense View of Class Certification, Westlaw Journal, November 1, 2011

· Quoted in Countrywide Wants Competition Claims Cut From OT Suit, Law360, October 17, 2011

· Saved From The Bell?, Law360, June 29, 2011

· 'AT&T Mobility' May Have Big Impact on Employment, The Recorder, May 5, 2011

· More Employers Could Force Arbitration, Daily Journal, May 2, 2011

· Class Certification And The Underpants Gnomes, Law360, December 3, 2010

· 9th Circuit: Wage and Hour Class Action Prevails, Society for Human Resource Management, October 22, 2010

· California Supreme Court Reaffirms Trial Court's Power to Decide Whether a Class Action Should Be Certified, California Labor & Employment Law Quarterly, Fall 2004

· A Tragedy of Manners: Flawed Reasoning Equates Workplace Sexuality With Gender Discrimination, The Recorder, August 12, 2005

· National Bank Act Preemption Can Provide Banks a Defense to Labor Code Class Actions, California Labor & Employment Law Quarterly, Fall 2003

· The Supreme Court Provides California Employers With Some Ammunition Against Stale Discrimination and Retaliation Claims, California Labor & Employment Law Quarterly, Fall 2002

· California Appellate Courts Continue to Make Hash of Workers' Compensation Exclusivity Doctrine, California Labor & Employment Law Quarterly, Summer 2002

· Changing the Rules After the Game Has Been Played: The Pitfalls of Applying AB 2222 Retroactively, California Labor & Employment Law Quarterly, Spring 2001

· Legal Principles Defeat Poetic Justice: Richards Offers a Guide Through Continuing Violations Thicket, The Recorder, May 10, 2000

· Retreating from Moorpark: Avoiding an Overexpansive Breadth of Wrongful Discharge in Violation of Public Policy, California Labor & Employment Law Quarterly, Spring 2000

· Greening the Public Policy Claim, The Recorder, February 23, 2000

· Toward Efficiency: California Officials are Taking Only Baby Steps in Launching High-Tech Courthouses, "The Closer" Column for California Law Business, January 3, 2000

· Sole Remedy: Relief for Wrongful Termination Claims Shouldn't Be Expanded, Daily Journal, November 23, 1999

Labor & Employment Law Blog Articles

· "Ninth Circuit Rules that Comcast Does Not Kill Wage and Hour Class Actions," May 29, 2013

· "New Appellate Decision Applies Brinker to Require Certification of Certain Meal and Rest Claims," May 13, 2013

· "Plaintiffs' Bar is Whistling Past the Graveyard on Comcast," April 2, 2013

· "Supreme Court Ruling Reverses Bad 9th Circuit Precedent on CAFA," March 20, 2013

· "9th Circuit Applies Dukes v. Wal-Mart to a Wage/Hour Class Action," March 6, 2013

· "New 7th Circuit Opinion Explains Plaintiff's Obligation to Have a Trial Plan to Maintain Class Certification," February 6, 2013

· "Plaintiffs Must Offer "Significant Proof" Of A Common Policy Or Practice To Satisfy Commonality Under Rule 23 Post-Dukes," February 1, 2013

· "Appellate Panel Tries to Draft a Roadmap for the California Supreme Court to Save California's Prohibition of Class Action Waivers from U.S. Supreme Court Precedent," November 30, 2012

· "Cal Court Of Appeal Hands Sheppard Mullin A Victory - Affirms Denial Of Class Certification In An Expense Reimbursement/Uniform Action," November 11, 2012

· "California Court Holds That California Follows Federal Law On Time Clock Rounding," October 31, 2012

· "California Appellate Court Continues The Trend Of Accepting Concepcion Standards In California," August 15, 2012

· "Deleon II Further Expands Employers' Right to Charge Back Commission Advances," July 12, 2012

· "Sotelo Decision is Packed With Class Action Goodness," July 3, 2012

· "California Supreme Court Clarifies and Strengthens Work Product Protections for Attorney-Procured Witness Declarations," June 28, 2012

· "U.S. Supreme Court Sides With Employers on the Outside Sales Exemption," June 19, 2012

· "Everything an Employer Could Ask For in One Decision on Class Action Waivers," June 6, 2012

· "Seventh Circuit Holds Pharmaceutical Reps Exempt Under Administrative Exemption," May 10, 2012

· "Brinker Clarifies California Law on Meal and Rest Periods in a Pro-Employer Direction," April 12, 2012

· "New California Appellate Decision May Sound the Death Knell for Many Wage/Hour Class Actions," February 7, 2012; republished in Martindale-Hubbell's Counsel to Counsel Report, February 7, 2012

· "California Appellate Court Issues a Decision That Mutual of Omaha Insurance Agents Qualify as Independent Contractors as a Matter of Law," January 2, 2012

· "Cal Supreme Court Reverses Horrific Decision on Administrative Exemption But Declines to Provide Much Guidance on How Exemption Should Be Applied," December 29, 2011

· "California Court of Appeal Construes Wage Order Split Shift and Reporting Time Pay Provisions in a Pro-Employer Way," December 27, 2011; republished in the Employer Advisory Council of Orange County, Inc.'s The Advisor, Winter 2012

· "California Court of Appeal Holds Defendant Did Not Waive Its Right To Compel Arbitration By Waiting Until After Class Certification Where Other Class Members--But Not Plaintiff--Had Agreed To Arbitrate," December 20, 2011

· "Ninth Circuit Affirms That Employees Who Work Outside California Cannot Use the California Unfair Competition Law to Vindicate Their Federal Overtime Rights," December 15, 2011

· "Deciphering Dukes: Ninth Circuit Hands Down Decision Interpreting The Game-Changer," September 28, 2011

· "Ninth Circuit Attempts to Clarify Learned Professional Exemption's Educational Requirement," September 13, 2011

· "California Appellate Court Analyzes Employment Arbitration Agreement after Supreme Court's AT&T Decision," July 14, 2011

· "New Case on Rules Governing Application of California Overtime Law to Non-California Residents," June 30, 2011

· "U.S. Supreme Court Rejects Gender Discrimination Class Action Against Wal-Mart," June 20, 2011

Speeches

· Wage & Hour Class Actions-Update: October 15, 2011 panel speaker within The State Bar of California Labor and Employment Section 29th Annual Meeting.

· Latests Trends in Class Action Mediation: April 30, 2010 panel speaker within CELA's 6th Annual Advanced Wage and Hour seminar.

· Representative Actions Under the UCL and PAGA: New Direction from the California Supreme Court: July 24, 2009, Panel speaker at teleseminar sponsored by State Bar.

· Advanced Stategies in Reducing Class Litigation: October 20, 2005 presentation at Seyfarth Shaw annual Labor Law symposium.

· Bridgeport Continuing Education - 2005 Conference on Labor and Employment Law: Master of Ceremonies for September 14-15, 2005 CLE seminar.

· The Class Action Fairness Act of 2005: Issues and Insights, June 7, 2005 presentation to Allstate Insurance Company in Northbrook, Illinois.

· Get That Monkey Off Your Back! Cutting Edge Employment Law Compliance Issues, April 20, 2005 presentation to American Corporate Counsel Association (ACCA).

· From Hiring to Firing: The Nuts and Bolts of Employment Law, February 5, 2005 presentation at Southwestern University on the subject of Business & Professions Code Section 17200 and Wage-Hour Class Actions.

· Recent Trends in Employment Class Actions - It's Certainly Not Just Title VII Anymore, October 21, 2004 presentation at Seyfarth Shaw annual Labor Law symposium.

· Beyond The Exempt/Non-Exempt Dilemma - The Most Treacherous California Wage & Hour Laws You Never Heard of (but Plaintiffs Have), June 18, 2003 presentation to American Corporate Counsel Association (ACCA).

Events

· July Meeting of the Labor & Employment Section, July 10, 2012, Pasadena Bar Association

· Meal Periods, Rest Periods and Labor Code Class Actions After Brinker, April 18, 2012

· The Aftermath of AT&T Mobility v. Concepcion, May 26, 2011, Labor & Employment Law Webinar