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  • Obtained judgment of dismissal that was upheld on appeal (unpublished) in favor of County of Santa Clara and three County employees on claims of deprivation of due process and defamation brought by an employee who had been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  • Obtained summary judgment (upheld on appeal in an unpublished decision) for employer and manager on employee’s claim of defamation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 Roberta Hayashi at roberta.hayashi@berliner.com.

Employment Litigation Attorneys


Articles

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

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

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

Contractor or Employee? – Legal Pitfalls in Worker Classification

Employment Law Alert – “Virtual” Discriminatory Harassment

Employment Law Alert – Congress Enacts New Anti-Discrimination Law

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

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

Employment Law Alert – Senate Extends Cobra Subsidy and Unemployment Insurance

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

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

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

2011 Berliner Cohen Employer Update

Employment Law Alert - New California Law Requires Written Commission Agreements

Employment Law Alert – CA Supreme Court Strikes Down Arbitration Agreement

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

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

2010 California Employer Update

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

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


News

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

Business Journal Honors Berliner Cohen Attorney as Woman of Influence

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

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 Announces 2009 Training Schedule for Preventing Sexual Harassment Compliance

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

PLI Taps Berliner Cohen Associate for Advisory Group

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


Events

Restructuring, Resizing and Riding Out Tough Economic Times - Merced

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

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

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

Recognizing and Preventing Sexual Harassment – Merced

Recognizing and Preventing Sexual Harassment – San Jose

Recognizing and Preventing Sexual Harassment - San Jose

Recognizing and Preventing Sexual Harassment – Merced

Recognizing and Preventing Sexual Harassment – San Jose

Recognizing and Preventing Sexual Harassment - San Jose

Recognizing and Preventing Sexual Harassment - San Jose

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

Workplace Crime – Legal Pitfalls and Protections for Employers

Managing Risks In a Down Economy

Pitfalls & Protections of Document Retention Policies - San Jose

Pitfalls & Protections of Document Retention Policies - Merced

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

Recognizing and Preventing Sexual Harassment 2010 - San Jose

Recognizing and Preventing Sexual Harassment 2010 - Merced

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

Recognizing and Preventing Sexual Harassment Seminars - September 2010 - Merced

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

Berliner Cohen Attorneys Speak at 2011 HR West

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 Employment Attorneys Present Update at CCHRA

Berliner Cohen Attorneys Present at 2011 SHRM Annual Conference

Berliner Cohen Attorneys Offer Session at SHRM California Employment Law Conference

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

Berliner Cohen Offers “Recognizing & Preventing Sexual Harassment”-2011 Compliance Year

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

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

2010 Californa Employer Update - Merced

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

2009 California Employer Update - San Jose

Berliner Cohen Attorney Speaks at SCCBA Sexual Harassment Mock Trial Seminar

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

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

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

2010 California Employer Update - San Jose

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

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