Employment Litigation

Berliner Cohen’s employment trial attorneys have represented clients in federal and state courts throughout California.  The attorneys in the group have compiled an impressive record of obtaining favorable court rulings on motions to dismiss and for summary judgment, jury trial verdicts, and appeals.  Berliner Cohen’s employment group has successfully represented employers in many types of cases, including discrimination, wrongful termination, individual and class action wage and hour claims, recovery of misappropriated information and funds, and civil rights litigation.

Representative cases

  • Griffith v. Loral Space & Range Systems, Inc., U.S. District Court, Eastern District of California
    Obtained defense summary judgment on claims of breach of contract; obtained jury verdict on behalf of defendant on remaining claim of race discrimination following a five day jury trial

  • Allivato v. New Directions Sign Service and Cindy Chavez, Santa Clara County Superior Court.
    Obtained jury verdict following a five-day trial on behalf of an employer against a former employee for unfair competition and in favor of the employer on a cross-complaint for wrongful termination

  • Abbate v. Espinosa, et al., County of Santa Clara (Department of Corrections), Santa Clara County Superior Court.
    Obtained judgment of dismissal that was upheld on appeal (unpublished) in favor of County of Santa Clara and three County employees on claims of deprivation of due process and defamation brought by an employee who had been disciplined by the employer for sexual harassment of his female co-employees

  • Curtis v. ESL Inc. and TRW Inc., Santa Clara County Superior Court.
    Obtained summary judgment (upheld on appeal in an unpublished decision) for employer and manager on employee’s claim of defamation

  • Piper v. City of San Jose, Santa Clara County Superior Court.
    Represented group of twelve captains in the San Jose Fire Department who intervened in a “reverse” discrimination case to uphold the validity of the City of San Jose’s promotional examination; successfully obtained judgment following close of plaintiff’s case after five days of court trial

  • Salvia v. Mariani’s Inn and Restaurant
    Represented defendant in a wage and employee classification matter; Plaintiff was classified as an exempt employee and contended that he did not meet the supervisory exemption and therefore was entitled to overtime wages; Defendant introduced evidence upon cross-examination of plaintiff witnesses to refute plaintiff’s claim that he was non-exempt; case settled within the first week of trial

  • Represented various clients in DLSE claims for unpaid overtime and wages; matters resolved by confidential settlement
  • Represented various clients in State and Federal court discrimination, harassment and retaliation cases; matters resolved by confidential settlement
  • Represented clients in investigations by California State and Federal agencies, including Cal-OSHA, DFEH, EEOC and U.S. Department of Labor

For more information, please contact Christine Long at christine.long@berliner.com.

Employment Litigation

Attorneys


Articles

Contractor or Employee? – Legal Pitfalls in Worker Classification

Employment Law Alert – IRS 409A’s Impact on Severance or Deferred Comp

Employment Law Alert – Stimulus Package Adds New Employer Notification Obligations under COBRA

Employment Law Alert – Employers Can Require “Tip Pools” - Risk Litigation

Employment Law Alert – Employers Should Take Steps Now to Prepare for Flu Season

Employment Law Alert: Discriminatory Harassment

Employment Law Alert – Congress Enacts New Anti-Discrimination Law

2010 California Employer Update

Restructuring and Resizing the Workforce: Legal Issues for the California Employer

Employment Law Alert – Senate Extends Cobra Subsidy and Unemployment Insurance

Employment Law Alert – Cobra Subsidy and Unemployment Insurance Laws Further Expanded/Extended

Employment Law Alert – What Employers Should Know About the Health Care Reform Legislation

Employment Law Alert – What Every Employer Should Know About Utilizing Interns

Employment Law Alert – Unemployment Insurance Expanded and Extended But Not Cobra Subsidy

Unintended Consequences: The Lilly Ledbetter Fair Pay Act and Document Retention

2011 Berliner Cohen Employer Update

Employment Law Alert – U.S. Supreme Court Expands Who Can Sue for Retaliation under Title VII

Employment Law Alert – CA Supreme Court Weakens Chances for Early Dismissal of Discrimination

Employment Law Alert – CA Supreme Court Strikes Down Arbitration Agreement

Employment Law Alert - New California Law Requires Written Commission Agreements

Employment Law Alert – CA Supreme Court’s Long-Awaited Decision on Meal Periods & Rest Breaks

Employment Law Alert - Supreme Court Rules Health Care Act Constitutional

Employment Law Alert: New Pregnancy Regulations Provide Guidance to Employers

Employment Law Alert: Sexual Harassment Can Constitute a Hate Crime

California Employers Focus on Planning, Policies and Practices in 2014

Employment Law Alert: New Extended Deadlines for Compliance with ACA Employer Mandate

Reasonable Accommodations: Interaction with and Providing Leaves of Absence to a Disabled Employee

Employment Law Alert: California Requires Employers to Provide Paid Sick Days for Workers

San Francisco Bay Area Voters Approve Minimum Wage Increases, Paid Sick Leave Requirements

Employer Alert: Is Your Request for Medical Cert Setting You Up for a Discrimination Lawsuit?

Employer Alert: CA Labor Commissioner Finds Uber Drivers Misclassified as Independent Contractors

Employer Alert: Department of Labor to Revise Federal Overtime Regulations

Hiring Caregivers: Legal and Financial Considerations (Updated 2015)

Employer Alert: Time to Update Your Harassment Prevention Policy

Employer Alert: New San Francisco Law Requires Fully Paid Parental Leave

Labor Enforcement Task Force Visits – What Are Employer Rights?

Berliner Cohen’s Guide to California’s Minimum Wages as of 2016

Employer Alert: New San Francisco Law Requires Fully Paid Parental Leave

Assessing Employment Risks—Do I really need an Employment Law Audit?

Employer Alert: Are You Ready?  New Federal Overtime Regulations Effective December 1, 2016

Employer Alert: Effective March 1, California Businesses Must Gender-Neutralize Bathrooms

What to Do If Immigration Officials Target Your Business - Your Rights and Obligations 2017

Employer Alert: Employers Are Allowed to Have Fixed Work Weeks in Order to Avoid Overtime


News

Roberta Hayashi Quoted In “Getting Things Done” on New Superior Court Presiding Judge

Berliner Cohen Partner Quoted in “End of ‘08 Brought Bonus for Some”

Business Journal Honors Berliner Cohen Attorney as Woman of Influence

Berliner Cohen Announces 2009 Training Schedule for Preventing Sexual Harassment Compliance

Berliner Cohen Attorneys Present at SHRM California Legislative Conference

Bar Association Honors Berliner Cohen Partner

Berliner Cohen Partner Selected to Lead ExecSense “Advising on Virtual Sexual Harassment” Webinar

Berliner Cohen Attorneys Author BNA White Paper on Restructuring Workforce

Berliner Cohen Offers Upcoming “Recognizing and Preventing Sexual Harassment” Seminars

Berliner Cohen Presents Employment Seminar on Managing Performance

California Employers Required to Post New Workers’ Comp Notice

Launch Your Employment Law Audit Today

Berliner Cohen Offers Compliance Training for “Recognizing & Preventing Sexual Harassment”

Roberta Hayashi Quoted in Biz Journal’s Cisco Potential Retirement Buyout

Breaking News: California Supreme Court’s Long-Awaited Decision on Meal Periods & Rest Breaks

Berliner Cohen Attorneys Included in 2012 Top Women Super Lawyers Edition

Susan Bishop, Litigation Attorney, Joins Berliner Cohen

Berliner Cohen Employment Group’s 2013 Proves Active and Successful

Berliner Cohen Prevails on Behalf of Employer, Wins Major Defense Verdict

Berliner Cohen Successful for Auto Body Employer in Rejection of Wage and Hour Class Certification

Berliner Cohen Schedules January “Recognizing and Prevention of Sexual Harassment” Training

Class Certification Denied in Favor of Berliner Cohen Tech Client

Berliner Cohen & Leavitt Group Present Webinar on “Managing Leaves of Absence”

Recognition & Prevention of Sexual Harassment Training Sign-ups for New Managers/Promotions

Berliner Cohen’s Innovative Strategy Defeats Wage Claims

2014 Super Lawyers Recognizes 14 Berliner Cohen Attorneys

Roberta Hayashi Authors Article on Reasonable Accommodations & ADA

Susan Bishop Named Partner at Berliner Cohen

Berliner Cohen Associate Jennifer Leung Honored by Santa Clara County Bar Association


Events

PABA Holds Ethics Seminar on “Conflicts of Interest and the Client Relationship”

2009 California Employer Update - San Jose

Restructuring, Resizing and Riding Out Tough Economic Times - San Jose

Restructuring, Resizing and Riding Out Tough Economic Times - Merced

Recognizing and Preventing Sexual Harassment - San Jose

Recognizing and Preventing Sexual Harassment – Merced

Recognizing and Preventing Sexual Harassment – San Jose

Search Warrants and Government Subpoenas: What Every Employer Should Know - San Jose

Search Warrants and Government Subpoenas: What Every Employer Should Know - Merced

Recognizing and Preventing Sexual Harassment – Merced

Recognizing and Preventing Sexual Harassment – San Jose

Handling Information Requests from Government Agencies - Businesses’ Rights & Obligations

Recognizing and Preventing Sexual Harassment - San Jose

Managing Risks In a Down Economy

Recognizing and Preventing Sexual Harassment - San Jose

Workplace Crime – Legal Pitfalls and Protections for Employers

2010 California Employer Update - San Jose

2010 Californa Employer Update - Merced

Berliner Cohen Attorneys Are Presenters at NCHRA’s HR West Annual Conference

Pitfalls & Protections of Document Retention Policies - San Jose

Pitfalls & Protections of Document Retention Policies - Merced

Recognizing and Preventing Sexual Harassment 2010 - San Jose

Recognizing and Preventing Sexual Harassment 2010 - Merced

Managing Performance: Policy Pitfalls and How to Avoid Them - San Jose

Managing Performance: Policy Pitfalls and How to Avoid Them - Merced

Recognizing and Preventing Sexual Harassment Seminars - September 2010 - San Jose

Recognizing and Preventing Sexual Harassment Seminars - September 2010 - Merced

Recognizing and Preventing Sexual Harassment Seminars - December 2010 - San Jose

Recognizing and Preventing Sexual Harassment - December 2010 - Merced

Berliner Cohen Employment Attorneys Present Update at CCHRA

2011 California Employer Update - A Seminar for all HR Professionals - San Jose

2011 California Employer Update - A Seminar for all HR Professionals - Merced

Berliner Cohen Attorneys Offer Session at SHRM California Employment Law Conference

Berliner Cohen Attorneys Speak at 2011 HR West

Berliner Cohen Attorney Speaks at SCCBA Sexual Harassment Mock Trial Seminar

Hiring Practices that Comply with the Law: Good Processes for Good Hires - San Jose

Hiring Practices that Comply with the Law: Good Processes for Good Hires - Merced

Berliner Cohen Attorneys Present at 2011 SHRM Annual Conference

ADA Access – Viewing Your Business from the Outside - San Jose

Berliner Cohen Offers Compliance Training for “Recognizing & Preventing Sexual Harassment”

Berliner Cohen Attorneys Present Top 12 Employment Laws at Club Auto Sport Open Door Series

Berliner Cohen Offers “Recognizing & Preventing Sexual Harassment” - This is Compliance Year

2012 California Employer Update Seminar - Register for January Seminar-San Jose

2012 California Employer Update Seminar - Register for January Seminar-Merced

Berliner Cohen Offers Jury-Style “Recognizing & Preventing Sexual Harassment” Training

From Planting to Processing: Best Practices for Agricultural Employers to Avoid Employment Liability

Berliner Cohen Presents at 2012 HR West

Christine Long, Berliner Cohen Attorney, Speaks on ADA at Restaurant Operators Seminar

Facing the Inevitable Conversation-How Employers Can Help Employees Live with End-of-Life Situations

Modesto September Mixer & Employment Law Seminar

“Recognizing & Preventing Sexual Harassment” Training - San Jose

2013 California Employer Update in San Jose - Is Your Workplace Ready for 2013?

2013 California Employer Update in Merced - Is Your Workplace Ready for 2013?

2013 California Employer Update in Modesto - Is Your Workplace Ready for 2013?

Berliner Cohen Presents AB 1825 Training for Santa Clara County Employer Advisory Council

Berliner Cohen Presents Employment Law Town Hall at 2013 HR West

Berliner Cohen Presents 2013 Mid-Year Employment Law Update for Santa Clara County EAC

Berliner Cohen Seminar in Modesto: What’s In Your Future? Employment Law 2014 and Beyond

Berliner Cohen Seminar in Merced: What’s In Your Future? Employment Law 2014 and Beyond

Berliner Cohen Seminar in San Jose: What’s In Your Future? Employment Law 2014 and Beyond

2014 California Employer Law Update - Complimentary Seminar - San Jose

Recognizing & Preventing Sexual Harassment Make-up Training - San Jose

2014 California Employer Law Update - Complimentary Seminar - Merced & Modesto

Christine Long Speaks on ADA Accommodations at National Restaurant Association Meeting

Roberta Hayashi Presents “Managing Leaves of Absence” at Santa Clara Co. Employer Advisory Council

Recognition & Prevention of Sexual Harassment Training for New Managers/Promotions

“Managing Leaves of Absence” Webinar

California Employment Law: Change is the Only Constant

Reasonable Accommodation and the ADA - Fall Berliner Cohen Seminar - San Jose

Reasonable Accommodation and the ADA - Fall Berliner Cohen Seminar - Modesto

2015 California Employer Law Update - San Jose

2015 California Employer Law Update - Merced & Modesto

Berliner Cohen Presents at 2015 HR West

2015 Year-End AB 1825 Sexual Harassment Prevention Training - San Jose

2016 California Law Update Session - San Jose

2016 California Law Update Session - Merced

2016 California Law Update Session - Modesto

Partners Christine Long and Susan Bishop Present at 2016 HR West

Berliner Cohen Partner Christine Long Teaching at CRA’s San Jose Restaurant University

Partner Susan Bishop CRA Panelist at the Western Foodservice Expo

Lunch & Learn: How to Legally and Effectively Conduct Internal Workplace Investigations

2017 California Law Update Session - Merced

2017 California Law Update Session - Modesto

2017 California Law Update Session - San Jose

2017 California Law Update Session - East Bay

Partners Christine Long and Susan Bishop Present at 2017 HR WEST

Speaker Event: Christine Long, Partner - Speaker at CRA Legal Center Live Roadshow

National Asian Pacific American Bar Association: 2017 Western Regional Conference