Attorney Profile:

Fraser A. McAlpine

FM

Biography

Fraser A. McAlpine is Office Managing Principal of 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.

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

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...

In the News

March 6, 2017

Jackson Lewis

Denise Trani-Morris Joins Jackson Lewis in San Francisco

March 6, 2017

SAN FRANCISCO, CA (March 6, 2017) Jackson Lewis P.C., one of the country's preeminent workplace law firms, is pleased to announce Denise Trani-Morris has joined the firm as a Principal. Ms. Trani-Morris, who joins Jackson Lewis from Sedgwick LLP, brings more than two decades of experience representing employers in all...

August 15, 2016

Jackson Lewis

Jackson Lewis Attorneys Recognized in the Best Lawyers in America 2017

August 15, 2016

WHITE PLAINS, NY August, 15, 2016 - Jackson Lewis P.C., one of the country's preeminent workplace law firms, is pleased to announce that more than 145 attorneys throughout the firm's 57 locations have been named to the Best Lawyers in America 2017. In addition, 13 attorneys were named “Lawyer of the...

August 17, 2015

Jackson Lewis

Jackson Lewis Attorneys Recognized in The Best Lawyers in America 2016

August 17, 2015

WHITE PLAINS, NY (August 17, 2015) Jackson Lewis P.C., one of the country's preeminent workplace law firms, is pleased to announce 137 of the firm's attorneys have been named to the 2016 edition of Best Lawyers. In addition, 10 attorneys were named “Lawyer of the Year” in their respective...

Areas of Practice (8)

  • 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

Education & Credentials

Contact Information:
415-796-5472  Phone
(415) 394-9401  Fax
www.jacksonlewis.com
University Attended:
Colorado College, B.A., Phi Beta Kappa, 1975
Law School Attended:
University of Toledo College of Law, J.D., 1978 Member, Law Review
Admission:
U.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)
Birth Information:
1953
ISLN:
905061168

Peer Reviews

  • 5.0/5.0
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Client Reviews

Disclaimer

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