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
- Allivato v. New Directions Sign Service and Cindy Chavez, Santa Clara County Superior Court.
- Abbate v. Espinosa, et al., County of Santa Clara (Department of Corrections), Santa Clara County Superior Court.
- Curtis v. ESL Inc. and TRW Inc., Santa Clara County Superior Court.
- Piper v. City of San Jose, Santa Clara County Superior Court.
- Salvia v. Mariani’s Inn and Restaurant
- 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
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
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
Obtained judgment of dismissal that was upheld on appeal (unpublished) in favor of County of Santa Clara and three County employees on claims of deprivation of due process and defamation brought by an employee who had been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
Obtained summary judgment (upheld on appeal in an unpublished decision) for employer and manager on employee’s claim of defamation
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
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
For more information, please contact Roberta Hayashi at roberta.hayashi@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 – “Virtual” 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
News
PLI Taps Berliner Cohen Associates for Advisory Group
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
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