About the Authors. CEB book: Drafting Employment Documents for California Employers

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1 CEB book: Drafting Employment Documents for California Employers About the Authors RON S. BRAND graduated from the University of California, Irvine, in 1994 and received his law degree, with honors, from DePaul University College of Law, Chicago, in 1998, where he served as an editor for the DePaul Business Law Journal. Mr. Brand is a shareholder in the Irvine office of Jackson DeMarco Tidus Peckenpaugh. His practice focuses on defending employers in all aspects of labor and employment law, including unfair competition and trade secrets litigation. He also provides preventive advice to clients on personnel issues, including employee compensation and benefits, discipline and training, harassment and workplace violence investigations, and the development of policies and procedures to avoid employment claims and litigation. Mr. Brand is a frequent lecturer before trade groups, associations, and private employers on a variety of employment-related issues. He regularly conducts in-house management seminars and training sessions for executives, supervisors, managers, and human resources professionals on all aspects of labor and employment law. Mr. Brand is a co-author of chapter 7 (Employee Defection and Trade Secrets Protection). DANIEL J. CRAVENS graduated from the University of California, Berkeley, with his undergraduate degree in 1991 and his master s degree in 1993; he received his J.D. degree from the University of California, Berkeley, School of Law in Mr. Cravens is a shareholder in the Fresno office of Littler Mendelson PC, Fresno. He clerked for the Honorable John T. Noonan following law school. His practice focuses on all aspects of labor and employment law, including discrimination, harassment, and wage and hour issues. He also provides advice to small and large companies on human resources issues, harassment training, and investigations. He regularly conducts in-house management seminars and training sessions for executives, supervisors, managers, and human resources professionals on all aspects of labor and employment law. Mr. Cravens is a co-author of chapter 3 (Employment Contracts). MARGARET HART EDWARDS graduated, cum laude, in 1972 from the University of Chicago and received her law degree, cum laude, in 1975 from Northwestern University Law School. Ms. Edwards is a shareholder in the firm of Littler Mendelson PC, San Francisco. She is the author of several CEB employment practice handbooks and has written more than 30 articles on labor and employment topics for a wide range of publications. She has lectured before such groups as the Administrative Law Judges Association, the Employers Group, the Merchants and Manufacturers Association, the Northern California Human Resources Council, the Council on Education in Management, the Defense Research Institute, the California Continuing Education of the Bar, the American Council on International Personnel, the American Payroll Association, the California Hospitality and Lodging Association, the California Downtown Association, the California Mortgage Bankers Association, and a variety of legal professional organizations. She is a member of the board of directors of the National

2 Employment Center for the American Foundation of the Blind, and she served for 10 years as a member of the board of directors of the Legal Aid Society of San Francisco. Ms. Edwards is a co-author of chapter 3 (Employment Contracts). CYNTHIA E. FRUCHTMAN earned her B.A. degree from Northwestern University in 1979 and her J.D. degree from Chicago-Kent College of Law in Ms. Fruchtman has been in solo practice in Santa Monica since She was a law clerk to the Honorable N. Fred Woods of the Los Angeles County Superior Court and to the Honorable Prentice H. Marshall of the U.S. District Court for the Northern District of Illinois. Ms. Fruchtman has served as a guest lecturer at the University of California, Los Angeles, School of Law and as an adjunct professor at California State University, Los Angeles, and Whittier Law School. She is a mediator and Judge Pro Tem for the Los Angeles County Superior Court. In addition, she was co-chair of the Los Angeles County Bar Association Bioethics Committee from 1998 to 2000 and is active in the bioethics field, having been appointed to the Joint Bioethics Committee of the Los Angeles County Bar Association and the Los Angeles County Medical Association and serving as a board member of The Center for Research and Training in Humane and Ethical Medical Care at the Santa Monica-UCLA Medical Center. Her practice focuses on labor and employment law; civil litigation in the areas of employment, business, and real estate; and assisted reproduction. She has spoken and written extensively on employment law and assisted-reproduction topics. Ms. Fruchtman is the author of chapter 11 (Leaves of Absence and Termination). JAMES E. HART received his B.A. degrees from the University of California, Irvine, in 1994, and his J.D. degree, cum laude, from Pepperdine University School of Law in Mr. Hart is a shareholder in the Orange County office of Littler Mendelson PC. He represents and counsels employers in a wide range of employment and labor matters and across diverse industries, focusing on complex wage and hour class actions in both state and federal court, as well as employment discrimination, harassment, and retaliation matters. Before joining Littler, Mr. Hart practiced criminal law as a Deputy Attorney General in the California Attorney General s office. He is a frequent lecturer and writer on employment-related topics, including for CEB and for the Employer s Advisory Counsel. Mr. Hart is a co-author of chapter 1 (Hiring Forms and Checklists). KRISTINE E. KWONG received her B.A. degree from the University of California, Riverside, in 1989, and her J.D. degree from the University of the Pacific McGeorge School of Law in Ms. Kwong is an attorney in the Labor and Employment Group in the Los Angeles office of Musick, Peeler & Garrett LLP. Her practice focuses on employment litigation, advice and counseling, labor relations, and preparation of handbooks and personnel manuals. She is a frequent lecturer on labor and employment topics, an adjunct professor, and the author of several articles. Ms. Kwong is the author of chapter 9 (Employee Handbooks; Posting and Training Requirements). LORRAINE P. OCHELTREE graduated from the University of California, Los Angeles, in 1985 and received her law degree from the University of San Francisco School of Law in Ms. Ocheltree is a partner in the San Francisco office of Duane Morris LLP and a member of the firm s Employment, Labor, Benefits, and Immigration Practice Group. She practices in the area of employment law and civil litigation. Her practice includes preventive advice on all aspects of the employer-employee relationship, including employment applications and the hiring process, employment agreements, arbitration, classification of

3 personnel, protection of trade secrets, policy manuals, ADA compliance, personnel leaves, progressive discipline, severance, termination, and administrative proceedings. Ms. Ocheltree has drafted employment agreements, personnel policies, and employee handbooks and has trained employees, supervisors, and business owners on how to prevent claims from arising in the workplace. Ms. Ocheltree also routinely defends employers in both state and federal court from claims including wrongful discharge, discrimination, harassment, ADA compliance, Labor Code violations, defamation, interference with contract, and wage and hour disputes. She is a frequent speaker for business groups, industry organizations, and employers on a variety of employment topics. Ms. Ocheltree is the author of chapter 10 (Employee Evaluations and Discipline). AMANDA S. PAQUET received her B.A. degree, summa cum laude, from the University of New Mexico in 1991 and her J.D. degree from the University of Texas School of Law in She is Of Counsel at Stone Grzegorek & Gonzalez LLP in Los Angeles, where her current practice is devoted exclusively to immigration law, with particular emphasis on Form I-9 compliance, worksite enforcement, and investment immigration. Before joining Stone & Grzegorek, Ms. Paquet was Director of Labor Relations and Employment Law for a Fortune 100 corporation with more than 200,000 employees. Her responsibilities included the development and oversight of its programs for business immigration and Form I-9 compliance. Ms. Paquet also has extensive experience as an employment law litigator at an AmLaw 100 firm. Throughout her career, she has conducted hundreds of training sessions on immigration and employment law issues. Ms. Paquet is the author of chapter 2 (Immigration Issues in Hiring). PATTI PEREZ received her undergraduate degree from the University of California, Los Angeles, in 1989 and her law degree from the University of California, Los Angeles, School of Law in Ms. Perez founded and continues to serve as President of Puente Consulting and is also a shareholder at the San Diego office of Ogletree Deakins. A native Spanish speaker who has worked as an attorney and an HR professional, Ms. Perez focuses her practice on assisting employers with the resolution of workplace conflicts and providing training and consulting services. She has subspecialties in conducting workplace investigations, providing strategic advice and counsel on issues related to disabled and pregnant employees, providing compliance and management training in English and Spanish, and implementing large-scale crisis-avoidance programs, such as conflict resolution programs and comprehensive diversity initiatives. Ms. Perez previously served as the Vice Chair of the Fair Employment and Housing Commission and was a primary author of the recently-enacted disability discrimination regulations and pregnancy discrimination regulations. She currently serves as a member of the California Fair Employment and Housing Council, and is a member of a subcommittee tasked with drafting comprehensive regulations clarifying all employment law aspects of the California Fair Employment and Housing Act. Ms. Perez is the author of chapter 6 (Disability Accommodation). MATTHEW J. SHARBAUGH received his B.M., summa cum laude, from Berklee College of Music, Boston, Massachusetts, in 2004 and his J.D. degree, summa cum laude, from Pepperdine University School of Law in 2008, where he was a member of the Order or the Coif. He is an associate attorney in the Los Angeles office of Littler Mendelson PC, where his practice focuses on wrongful termination, discrimination and harassment, and wage and hour

4 class actions on behalf of a diverse array of clients. Mr. Sharbaugh is a co-author of chapter 1 (Hiring Forms and Checklists). SHERRY B. SHAVIT graduated, magna cum laude, from the University of California, Los Angeles, in 1992 and, following a career in human resources, she received her J.D. from the University of Southern California Gould School of Law in During law school, she was an intern at the Equal Employment Opportunity Commission. Ms. Shavit is a partner with the Brown Gitt Law Group, LLP, Pasadena, representing and counseling employers regarding discrimination, harassment, retaliation, wrongful termination, pregnancy leaves, medical and disability leaves, wage and hour issues, breach of employment contracts, layoffs, trade secret protection, and unfair competition. She also prepares employee handbooks, employment agreements, and other employment policies and procedures, and she conducts workplace investigations and training. Ms. Shavit was named a Southern California Rising Star from 2006 to 2010 by Law & Politics Magazine and Los Angeles Magazine. She is a member of the Labor and Employment Law Section of the Los Angeles County Bar Association. Ms. Shavit is the author of chapter 5 (Leased Employees). MEREDITH SNYDER received her A.B. degree, with college honors, from Washington University in St. Louis in 2004 and her J.D. degree from Washington University Law School in She is an associate attorney in the Los Angeles office of Littler Mendelson PC, where her practice focuses on a variety of employment and labor issues arising under state and federal law. Ms. Snyder is a co-author of chapter 1 (Hiring Forms and Checklists). ROB THOMAS graduated from the University of California, Los Angeles, in 1984 and received his law degree, magna cum laude, in 1993 from the University of California, Hastings College of the Law, where he was awarded the Order of the Coif. Mr. Thomas is the employment counsel for the Palo Alto law firm of Doty Barlow Britt & Thomas LLP. Before attending law school, he served as an engineering officer aboard a submarine in the United States Navy. In 1992, Mr. Thomas was a judicial extern for Justice Armand Arabian of the California Supreme Court. Mr. Thomas s practice focuses on employment law and executive compensation, and he represents employers and employees in employment counseling and transactions. He specializes in employment agreements, separation agreements, change of control agreements, executive compensation and benefits, stock options and other equity arrangements, protection of trade secrets, and restrictions on competition. Mr. Thomas is the author of chapter 8 (Compensation and Equity Programs). WILLIAM HAYS WEISSMAN graduated from George Washington University in 1991 and received his law degree, with honors, in 1995 from the District of Columbia School of Law, where he served as a managing editor for the District of Columbia Law Review. He received his LL.M. in Taxation from Golden Gate University School of Law in 1996 and his M.B.A. from the University of California, Davis, in Mr. Weissman is a shareholder in the Walnut Creek office of Littler Mendelson PC and a member of the firm s Employment Taxes Practice Group and Contingent Workforce Practice Group. He advises and represents employers in a broad range of contingent worker and employment tax matters including employment tax audits, advising on proper classification of workers, and protests and appeals before state taxing agencies and the IRS as well as litigating in civil courts, drafting employment and independent contractor agreements, and counseling on the tax implications of various employer-provided benefits. Mr. Weissman is currently the Chair of the Employment Taxes Committee of the American Bar Association s Tax Section. He is a frequent author and

5 lecturer on employment tax and contingent worker issues. Mr. Weissman is the author of chapter 4 (Independent Contractors). DOUGLAS A. WICKHAM received his B.A. degree from the University of California, Los Angeles, in 1983 and his J.D. degree, cum laude, in 1986 from Georgetown University Law Center, where he was a member of the Georgetown Law Journal. Mr. Wickham is a shareholder in the Los Angeles office of Littler Mendelson PC, where his practice focuses on representing employers in class and collective actions, unfair competition and trade secrets litigation, wrongful termination, harassment and discrimination litigation, and international and cross-border employment advice and counseling. Mr. Wickham is a frequent lecturer on issues relating to class and collective actions, trade secrets, and unfair competition. He is an editor of the Guide to International Employment and Labor Law (Littler Mendelson, 2d ed 2010); a coauthor of Employment Arbitration Agreements: A Practical Guide (Littler Mendelson, 2009) and Employment Law Class Actions (Littler Mendelson, 2007); and the author of other articles and publications. Mr. Wickham is a co-author of chapter 1 (Hiring Forms and Checklists). ROBERT YONOWITZ graduated, summa cum laude, from Rutgers University in 1984 and received his law degree, with honors, from George Washington University National Law Center in Mr. Yonowitz is a partner in the Irvine office of Fisher & Phillips LLP and a members of the firm s Employee Defection and Trade Secrets Practice Group. He represents employers in courts and before government agencies in all types of employment disputes, including wrongful discharge, employment discrimination, sexual and other forms of harassment, wage and hour, unfair competition, and trade secrets cases. He also works with clients to implement employment policies and procedures designed to prevent employee claims and lawsuits from arising and provides expertise in drafting employment agreements, executive compensation agreements, confidentiality agreements, and various types of incentive compensation agreements. Mr. Yonowitz often lectures on techniques that employers can use to protect their confidential information and has published numerous articles on the benefits of arbitration; joint employer liability issues; and prevention of employee theft of trade secrets. Mr. Yonowitz is a co-author of chapter 7 (Employee Defection and Trade Secrets Protection). About the 2015 Update Authors RON S. BRAND is an update co-author of chapter 7 (Employee Defection and Trade Secrets Protection). He is now with Jackson, DeMarco, Tidus & Peckenpaugh, in Irvine. See CYNTHIA E. FRUCHTMAN is the update author of chapter 11 (Leaves of Absence and Termination). See JOSIE GONZALEZ is the update author of chapter 2 (Immigration Issues in Hiring). She is one of the founding partners of Stone Grzegorek & Gonzalez LLP in Los Angeles. Ms. Gonzalez is recognized nationally as an expert in employment-based immigration, I-9 compliance and worksite enforcement. She has served in AILA committee leadership positions in the areas of worksite enforcement and labor certification (PERM), and is a longtime member of the AILA Board of Governors. She received her law degree from the University of

6 California, Berkeley, School of Law. Ms. Gonzalez has represented hundreds of employers facing ICE I-9 audits and also companies conducting self-audits. She has published numerous articles for legal and business journals and is the editor of AILA s leading treatise, Guide to Worksite Enforcement and Corporate Compliance. KATHRYN B. GRAY is the update author of chapter 6 (Disability Accommodation). Ms. Gray is an associate with Ogletree, Deakins, Nash, Smoak & Stewart, P.C. in San Diego, representing employers in labor and employment litigation. She also provides counsel on employment matters, including drug testing, employee classification, leave, and the interactive process. Ms. Gray received her B.A. from Stanford University and her J.D. from Emory University. JAMES E. HART is an update co-author of chapter 1 (Hiring Forms and Checklists). See KRISTINE E. KWONG is the update author of chapter 9 (Employee Handbooks; Posting and Training). See LORRAINE P. OCHELTREE is the update author of chapter 10 (Employee Evaluations and Discipline). See AMANDA S. PAQUET is the update author of chapter 2 (Immigration Issues in Hiring). See MICHAEL G. PEDHIRNEY is the update author of chapter 3 (Employment Contracts). Mr. Pedhirney is a shareholder in the San Francisco office of Littler Mendelson. He received a B.A. from the University of Notre Dame in 2001, where he graduated magna cum laude, and a J.D. from the University of Washington School of Law in While attending law school, he worked as an extern at the Associate Regional Solicitor s Office for the Department of Labor. He also served as an associate notes and comments editor for the Washington Law Review. Mr. Pedhirney specializes in the representation of management in all aspects of labor and employment law, including contract negotiations, collective bargaining, appellate matters, and arbitration and mediation. PATTI PEREZ is the update author of chapter 6 (Disability Accommodation). See biography in the About the Authors section. SHERRY B. SHAVIT is the update author of chapter 5 (Leased Employees). She s now with Tharpe & Howell, LLP, in Sherman Oaks. See ROB THOMAS is the update author of chapter 8 (Compensation and Equity Programs). See WILLIAM HAYS WEISSMAN is the update author of chapter 4 (Independent Contractors). See DOUGLAS A. WICKHAM is an update co-author of chapter 1 (Hiring Forms and Checklists). See ROBERT YONOWITZ is the update author of chapter 7 (Employee Defection and Trade Secrets Protection). See