Timothy J. Long

Tim Long leads a vibrant labor and employment law practice representing clients throughout California, and beyond, from his offices in Sacramento and Los Angeles.  He has significant experience litigating employment discrimination, wrongful termination and wage-and-hour claims.  Mr. Long has also litigated matters involving qui tam, trade secret, white collar crime and environmental claims.  In addition, Mr. Long has extensive experience in traditional labor relations matters, including collective bargaining, unfair labor practice charges, labor relations issues that arise in mergers and acquisitions, and labor arbitrations.  Mr. Long also acts as general counsel to companies that are not large enough to have a full-time general counsel.  He counsels these clients on a wide variety of employment and related corporate issues.

The following is a sample of Mr. Long's recent engagements.

Class Actions

• Miller v. Judson Enterprises, Inc (Los Angeles Superior Court).  A putative class action challenging the status of independent contractors.
• Graham v. K-Designers (Sacramento County, CA).  A putative class action challenging the status of independent contractors.
• Sparrow-Milrot v. First NLC Financial Services (C.D. Cal.).  A putative nationwide class/collective action challenging the exempt status of funders.
• Moldowan, et al., v. Sears Roebuck & Co.  (Sonoma County, CA)  A putative class action alleging numerous violations of California wage and hour laws.
• Stanfield, et al., v. First NLC Financial Services.  (N.D. Cal.).  A putative nationwide class/collective action challenging the exempt status of financial services employees.
• Rankin, et al., v. Longs Drug Stores (San Diego County, CA).  A class action challenging an employment application inquiry concerning applicants’ past drug use.
• Draeger, et al., v. Sears, Roebuck & Co. (Santa Barbara County, CA).  A putative class action challenging, among other claims, an incentive compensation plan.
• Campbell, et al. v. Investors Bank & Trust, et al (Sacramento County, CA).  A wage-and-hour class action challenging the exempt status of fund accountants and alleging meal and rest period violations.
• Shaw, et al. v. Wilbur-Ellis Co. (San Francisco County, CA).  A wage-and-hour representative action alleging various wage-and-hour violations.
• Osgood, et al. v. GCU Trucking (Stanislaus County, CA).  A class, collective and representative action alleging various federal and state wage and hour violations.
• LaJoie, et al. v. The Picture People (Orange County, CA).  A wage and hour class action challenging the exempt status of store managers.
• Calvo, et al. v. McKesson HBOC and Danone Waters of North America (Los Angeles, CA).  Consolidated wage and hour class actions challenging the exempt status of driver salespersons and other similar employees.

Trade Secrets

• Intelligent Direct Marketing v. U.S. Marketing  (Sacramento County, CA).  Mr. Long and his team obtained a comprehensive nationwide injunction preventing former employees from contacting customers and vendors.  The injunction included an award of attorneys’ fees.
• UAP v. Wilber Ellis (N.D. Cal.).  A trade secret dispute in which the firm successfully defended against allegations that its client had misappropriated trade secrets.
• Tyco Healthcare Group L.P. and Nellcor Puritan Bennett, Inc. v. Reeves (North Carolina).  A trade secret dispute involving departing employees located throughout the United States who allegedly took trade secrets with them when they joined a competitor.

Other Representative Representations

• United States of America, ex rel. FATE,  v. Horizon West (E.D. Cal.).  A qui tam action challenging conditions in skilled nursing facilities.
• Orr v. Kindercare (E.D. Cal.).  The team successfully represented a disabled child when the defendant childcare provider threatened disenrollment.

Mr. Long is a frequent lecturer on issues relevant to employers regarding employee misconduct, wage-and-hour compliance, labor management relations, and wrongful termination and employment discrimination law. The following are among his recent speaking engagements.

• American Bar Association – FLSA & FMLA Basics.
• American Employment Law Council – Litigating Wage and Hour Collective, Class and Representative Actions.
• Bridgeport – Litigating Wage and Hour Class Actions.
• California Bankers Association – Exempt vs. Non-Exempt Analysis.
• Continuing Education of the Bar (CEB) – Trade Secrets; Critical Issues in Employment Litigation; Business Crimes and Their Collateral Consequences to Employers and Employees.
• Council on Education in Management – Recent Developments in California’s Wage and Hour Laws; FMLA Update.
• Lorman Education Services – Wage and Hour Strategies for the New Workforce in California.
• NELI Employment Law Litigation – Settlement Strategies; Avoiding Retaliation Claims.
• Practising Law Institute – Annual Recap of Important Employment Law Decisions; Co-Chair of 2007 Annual Employment Law Conference.

He has authored numerous publications on employment and labor law topics. The following is a representative listing of Mr. Long’s publications:

• Wage-and-Hour Laws – A State-By-State Survey (BNA) (Senior Editor and Chapter Author).
• Orrick, Herrington & Sutcliffe LLP’s California Employment Law Deskbook, 5th Edition (Editor).
• Employment Law Yearbooks 2001-2006 (Practising Law Institute) (Editor).
• "The Impact of Costa v. Desert Palace," California Employment Law Reporter (August 2003).
• "Wage-and-Hour Concerns for Financial Services Employers" Bloomberg Corporate Law Journal (Spring 2007).
• "Wage & Hour Issues," "Class and Collective Actions," "Developments in Labor-Management Law," and "Guarding Trade Secrets," (Practising Law Institute) Employment Law Yearbooks 2001-2006.
• "Bonuses for Nonexempt Employees – Avoiding Hidden Pitfalls," California Employment Law Reporter (June 2000).
• Advisory Panel Member and contributing author, Wage-Hour Alert (Aspen Publishing Co.).
• "Sexual Harassment: The Employer’s Duty to Educate, Investigate and Eliminate," Journal of the Japanese Institute of Business Law.

Mr. Long has also taught various advocacy courses:

• UC Davis School of Law - Advanced Orientation in U.S.A. Law - Trial Tactics and Strategies - 1997, 2000.
• University of San Francisco School of Law - Intensive Trial Advocacy Program - 1995, 1996, 1998.

Mr. Long has engaged in many pro bono activities during his career, and in 2002, Legal Services of Northern California awarded Mr. Long with a Special Pro Bono Service Award.

Admitted in

• California
• District of Columbia
• Washington

Memberships

• District of Columbia Bar Association
• American Bar Association, Litigation and Employment Law Section, Fair Labor Standards Legislation Subcommittee
• California State Bar, Litigation and Employment Law Section
• Sacramento County Bar Association, Labor and Employment Law Section

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