COFFEE BREAK: Third Circuit Reminds Employers That Short Breaks May Be Compensable Under FLSA
PartnerSacramento, Los Angeles
Orrick’s Employment Law and Litigation group was recently named Labor & Employment Department of the Year in California by The Recorder, the premier source for legal news, in recognition of their significant wins on behalf of leading multinational companies on today’s most complex and challenging employment law matters.
Tim has significant experience litigating complex employment matters, having acted as lead counsel in numerous class, collective and representative actions and advised on dozens more. He has represented financial institutions, high tech companies, healthcare-related entities, airlines, retailers, transportation and logistics companies, among others.
Tim is one of the few lawyers who has tried to verdict an employment class action, obtaining a complete defense verdict on behalf of a major retailer in a matter in which the potential exposure exceeded $40 million. He went on to protect the verdict on appeal.
In the wage-and-hour area, Tim has litigated exemption, incentive compensation, independent contractor, off-the-clock and pay practice claims. He also has defeated class and collective certification (including at Stage One) in exemption, off-the-clock and pay practice cases.
He has significant experience litigating other complex employment and non-employment matters, including employment discrimination and wrongful termination claims, and matters involving qui tam, trade secret, white collar crime and environmental claims. Finally, Tim counsels clients on a wide variety of employment and related corporate issues.
Tim has significant experience conducting workplace investigations and audits.
Tim frequently represents employers in their dealings with state and federal administrative agencies, including the EEOC, the Internal Revenue Service, the U.S. Department of Labor, the California Department of Fair Employment & Housing, Division of Labor Standards Enforcement, and Employment Development Department.
In the area of trade secret and unfair business practices litigation, Tim has both prosecuted and defended employers. He has obtained broad, multi-jurisdiction injunctions against former employees who have misappropriated client trade secrets. Tim also has successfully resisted competitor efforts to enjoin the lawful practices of his clients.
Tim has extensive experience handling traditional labor relations matters. He has advised on certification and decertification elections. Tim has negotiated numerous collective bargaining agreements on behalf of agricultural processing, energy, healthcare, manufacturing, transportation and warehouse employers. He has successfully litigated dozens of traditional labor disputes throughout his career, in court, before the National Labor Relations Board and in private arbitration. Tim’s experience in this area also extends to advising clients on labor relations issues that arise in mergers and acquisitions.
References and examples of specific representations handled by Tim can be provided upon request.
Tim is a frequent lecturer and author on issues relevant to employers regarding litigating complex employment matters, including class collective and representative actions. He has spoken at and chaired conferences regarding employee misconduct, wage-and-hour compliance, labor management relations, and wrongful termination and employment discrimination law.
Tim has also taught various advocacy courses.
Tim has engaged in many pro bono activities during his career, and in 2002 and 2015, Legal Services of Northern California awarded Tim with a Special Pro Bono Service Award.
In addition to being admitted in California and Washington, Tim is also admitted in the District of Columbia (inactive).