ATTORNEYS. Wage & Hour Class Action. LewisBrisbois.com

Size: px

Start display at page:

Download "ATTORNEYS. Wage & Hour Class Action. LewisBrisbois.com"

Frederick Wilkins
5 years ago
Views:

1 ATTORNEYS Wage & Hour Class Action

Wage & Hour Class Action Wage and hour class action lawsuits have grown dramatically in number over the last five years.

These suits can pose a very real threat to an employer and may result in the demise of an otherwise viable company.

Recent wage and hour verdicts have resulted in adverse outcomes to employers resulting in tens of millions of dollars in damages and attorneys fees.

competitors. At Lewis Brisbois, we believe the value in representation lies in the quality of the lawyer. We are what you need in a crisis: truly great lawyers.

Lewis Brisbois Bisgaard & Smith LLP, a robust California law firm, is presently growing, not only in size, but in client base and caseload.

Our 70-attorney Labor and Employment Practices Group represents clients in all phases and types of employment litigation, counseling, training and collective bargaining.

3 Wage & Hour Class Action Wage and hour class action lawsuits have grown dramatically in number over the last five years. This increase has occurred despite efforts to limit the filings of these actions and to reduce risk for management through training and defense. These suits can pose a very real threat to an employer and may result in the demise of an otherwise viable company. Wage and hour class actions are currently filed more frequently than employment discrimination class actions and carry significantly greater risk due to their high dollar exposure. Recent wage and hour verdicts have resulted in adverse outcomes to employers resulting in tens of millions of dollars in damages and attorneys fees. WHY THE NATION S MOST SUCCESSFUL COMPANIES CHOOSE LEWIS BRISBOIS We bring exceptional talent, experience and litigation skills to bear on each case we handle and at a cost much lower than our competitors. At Lewis Brisbois, we believe the value in representation lies in the quality of the lawyer. We are what you need in a crisis: truly great lawyers. We are among the most active litigation firms in the State of California, which imparts us with tremendous insight on how to achieve the optimal outcome for our clients. Lewis Brisbois Bisgaard & Smith LLP, a robust California law firm, is presently growing, not only in size, but in client base and caseload. The Employment Department has extensive experience in defending all facets of employment lawsuits, including class actions, with a very competitive rate structure. Our 70-attorney Labor and Employment Practices Group represents clients in all phases and types of employment litigation, counseling, training and collective bargaining. Our Wage and Hour Class Action group currently handles a full caseload of wage and hour class action lawsuits nationally and is actively engaged with management in the defense of those matters. While our team counsels, teaches and trains management to prevent litigation and reduce their exposure to liability, sometimes employment litigation is inevitable. In those instances, due to the sensitive and volatile nature of employment actions, our attorneys formulate early and aggressive strategies to resolve matters. When early resolution is impossible, impractical or undesirable, we bring cases to trial. Every year, our Employment Practices Group defends hundreds of employers at trial, in arbitration and at administrative hearings. Our Wage and Hour Class Action Practice comprises a dedicated group of highlyqualified attorneys to address and service the needs of California employers who find themselves on the receiving end of a wage and hour class action. The firm s Employment Practices Group has gained extensive experience and a stellar reputation in representing employers beset by the problem of wage and hour class actions, prompting the formation of the Wage and Hour Class Action Group.

4 START UPS TO INTERNATIONAL CORPORATIONS California remains one of the largest economies in the world and, as a first generation California law firm, we have worked with many of our clients since their inception. As one of the largest litigation firms in the United States, our partners have experience with California, national and international companies, as well as the laws that effect them. We know how to work with you. HOW ARE WE DIFFERENT? In defending wage and hour class action lawsuits, we customize our defense to the particular goals and objectives of our clients. Our lawyers will meet with you to learn your corporate philosophy and tailor a litigation plan that meets your specific needs. We apply the following principles to defense of these actions. First, we thoroughly investigate the factual underpinning of the class claims, including the review of all payroll and time records or a representative sample of these documents. Second, preliminary conclusions concerning the potential liability which may exist under the class theories are analyzed and promptly reported. We firmly believe that it is our role to be zealous advocates in the courtroom, while providing our clients with the most objective and honest advice early on in the litigation as to potential liability so the client can make an informed decision regarding future litigation strategies. We truly believe in the counselor s role and that managing your expectations in a collaborative relationship is key to navigating the pitfalls of California Wage and Hour law. Third, at an early stage, we closely scrutinize and challenge the basis for certification of the putative class as alleged in the lawsuit. We have been consistently successful in defeating class certification motions and/or settling on very favorable terms based on an aggressive attack on the class certification standards. Should the matter proceed to trial, we work with you to get the best possible result through trial and appeal. EXPERIENCE MATTERS Our Wage and Hour Class Action Group includes attorneys who have been recognized locally and nationally as leaders in their field and who have collectively defended hundreds of wage and hour class action lawsuits. We regularly handle cases that involve many employers in Misclassification of employees Failure to pay otherwise exempt employees on a salary basis Off-the-clock and regular rate cases Donning and doffing activities Unpaid meal breaks and rest periods Denied expense reimbursements Payroll stub claims Mixed claims involving wage and hour violations in addition to claims such as termination or harassment Miscalculated commissions and bonuses Tip pooling. The efforts of these attorneys and the resources of the firm have produced the following results for our clients: Defeated a plaintiff s motion for class certification in large restaurant/night-club overtime, meal and rest period, and payroll stub class action litigation. Defended large retailer of cellular phones in overtime class action litigation and negotiated a class settlement where total settlement payments to overtime employees did not exceed $50,000. Defended one of the largest independent supermarket chains in the country in meal and rest period class action litigation. The opening settlement demand was $46,000,000. By aggressively investigating plaintiffs claims and preparing a comprehensive class certification defense, we negotiated a favorable settlement in which our client paid less than $2,000,000 in a class settlement. Defended national fitness club in an overtime, meal and rest period class action lawsuit on behalf of 600 personal trainers. Our aggressive attack on class certification resulted in a favorable settlement in which our client paid less than $450,000 for a class settlement.

5 Employment & Labor Practice Leadership GARY RATTET CHAIR Los Angeles JOHN BARBER VICE-CHAIR Los Angeles JEFFREY RANEN Los Angeles LISA BARNETT SWEEN San Francisco ALAN ZUCKERMAN VICE-CHAIR Los Angeles

Firm Overview Established in 1979, Lewis Brisbois Bisgaard & Smith LLP is a national, full-service law firm with nearly 900 attorneys and 30 offices, in 16 states and the District of Columbia.

nuances. Lewis Brisbois offers legal practice in nearly 30 specialties, and a multitude of sub-specialties associated with each practice area.

Through interaction among its practice groups, Lewis Brisbois provides a wide range of legal services to each client with a continuity of representation over multiple disciplines.

At Lewis Brisbois, diversity is an integral part of our firm culture and our daily life.

The success of these policies is reflected in the fact that Lewis Brisbois has repeatedly received national recognition for its commitment to embracing diversity.

The diversity of the firm s client base is matched by the diversity of our attorneys. With offices from Los Angeles to New York, our attorneys reflect the communities in which they live.

6 Firm Overview Established in 1979, Lewis Brisbois Bisgaard & Smith LLP is a national, full-service law firm with nearly 900 attorneys and 30 offices, in 16 states and the District of Columbia. Our national practice is sophisticated, multi-faceted and well-versed in current legal trends, while our individual state practices provide vast resources and knowledge of procedural and legal nuances. Lewis Brisbois offers legal practice in nearly 30 specialties, and a multitude of sub-specialties associated with each practice area. Our attorneys have broad knowledge, expertise, and sensitivity to their clients unique needs. Through interaction among its practice groups, Lewis Brisbois provides a wide range of legal services to each client with a continuity of representation over multiple disciplines. We have built longstanding relationships with corporate and institutional clients based on our ability to provide comprehensive service on a national scale. At Lewis Brisbois, diversity is an integral part of our firm culture and our daily life. We accomplish diversity not by committee or initiative, but through the true and committed practice of hiring the best people for the job and consistently rewarding excellence. The success of these policies is reflected in the fact that Lewis Brisbois has repeatedly received national recognition for its commitment to embracing diversity. Lewis Brisbois is committed to hiring and retaining a diverse group of talented lawyers and staff, and demonstrates that commitment through non-discriminatory hiring, retention and promotion policies. The diversity of the firm s client base is matched by the diversity of our attorneys. With offices from Los Angeles to New York, our attorneys reflect the communities in which they live. The firm s culture has fostered a diverse group of professionals committed to promoting the best interests of our clients, our communities and the legal profession. We are committed to supporting diversity through new and ongoing relationships with minority and women-owned businesses. Lewis Brisbois is known for its commitment to principled advocacy, an unflinching work ethic, and unyielding recognition of our duty to provide the highest level of service to our clients, who choose us because we take the time to understand their business interests and philosophies. We have developed sophisticated proprietary risk evaluation and litigation management processes that many of our clients have incorporated into their business practices, and we help them manage and defend claims and litigation. As a result, they are avoiding and reducing losses that impact their bottom line. Our practice includes pre-suit counseling and problem solving based on a structured and accurate analysis of likely outcome. We know our clients objectives are often best served by a pre-suit resolution, and we are often judged by the advice and counsel we provide toward that end. However, when trial is the answer and in the client s best interest, no law firm in this country understands and better executes a trial strategy than Lewis Brisbois. We are truly client driven and result oriented. For more about Lewis Brisbois, please visit us at.

Nationwide Locations ATLANTA 1180 Peachtree Street NE Suite 2900 Atlanta, Georgia 30309 T: 404.348.8585 F: 404.467.8845 DENVER The Brind Mansion 825 Logan Street Denver, Colorado 80203 T: 303.861.

545.9200 F: 714.850.1030 SAN FRANCISCO 333 Bush Street Suite 1100 San Francisco, California 94104 T: 415.362.2580 F: 415.434.0882 BEAUMONT 550 Fannin Street Suite 800 Beaumont, Texas 77701 T: 409.838.

7 Nationwide Locations ATLANTA 1180 Peachtree Street NE Suite 2900 Atlanta, Georgia T: F: DENVER The Brind Mansion 825 Logan Street Denver, Colorado T: F: LAS VEGAS 6385 South Rainbow Blvd. Suite 600 Las Vegas, Nevada T: F: ORANGE COUNTY 650 Town Center Drive Suite 1400 Costa Mesa, California T: F: SAN FRANCISCO 333 Bush Street Suite 1100 San Francisco, California T: F: BEAUMONT 550 Fannin Street Suite 800 Beaumont, Texas T: F: BOSTON 75 Arlington Street Suite 500 Boston, Massachusetts T: F: FORT LAUDERDALE 200 Las Olas Circle 200 S.W. First Avenue Suite 910 Fort Lauderdale, Florida T: F: HARTFORD 100 Pearl Street Suite 1438 Hartford, Connecticut Tel: Fax: LOS ANGELES 221 North Figueroa Street Suite 1200 Los Angeles, California T: F: MADISON COUNTY, IL Mark Twain Plaza II 103 W. Vandalia Street Suite 300 Edwardsville, Illinois T: F: PHOENIX Phoenix Plaza Tower II 2929 North Central Avenue Suite 1700 Phoenix, Arizona T: F: PROVIDENCE 10 Dorrance Street Suite 700 Providence, Rhode Island Tel: Fax: SEATTLE 2101 Fourth Avenue Suite 700, Seattle, Washington T: F: TAMPA 3812 Coconut Palm Drive Suite 200 Tampa, Florida T: F: CHARLESTON 209 Capital Street Third Floor Charleston, West Virginia T: F: HOUSTON 3355 West Alabama Suite 400 Houston, Texas T: F: NEWARK One Riverfront Plaza Suite 350 Newark, New Jersey T: F: SACRAMENTO 2850 Gateway Oaks Drive Suite 450 Sacramento, California T: F: TEMECULA One Ridgegate Drive Suite 245 Temecula, California T: F: CHICAGO 550 West Adams Street Suite 300 Chicago, Illinois T: F: LA QUINTA, CA Main Street Suite 203 La Quinta, California T: F: NEW ORLEANS 400 Poydras Street Suite 1320 New Orleans, Louisiana T: F: SAN BERNARDINO 650 East Hospitality Lane Suite 600 San Bernardino, California T: F: TUCSON One South Church Avenue Suite 2100 Tucson, Arizona T: F: DALLAS 901 Main Street Suite 4100 Dallas, Texas T: F: LAFAYETTE 100 E. Vermilion Street Suite 300 Lafayette, Louisiana T: F: NEW YORK 77 Water Street Suite 2100 New York, New York T: F: SAN DIEGO 701 B Street Suite 1900 San Diego, California T: F: WASHINGTON, D.C. 601 Pennsylvania Avenue, NW Suite 900, South Building Washington, D.C T: F:

8 CLIENT FOCUSED RESULTS DRIVEN

Wineries & Vineyards. LewisBr isbois.c o m

Wineries & Vineyards. LewisBr isbois.c o m AT TO R N E Y S Wineries & Vineyards LewisBr isbois.c o m Wineries & Vineyards Lewis Brisbois Wine Practice offers a cross-disciplinary approach to meeting the needs of its wine industry clients. Our attorneys