CEB Book: California Wage and Hour Law and Litigation. About the Authors

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1 CEB Book: California Wage and Hour Law and Litigation About the Authors AASHISH Y. DESAI (Chapter 2: Overview of Federal Law) is the founder of the Desai Law Firm in Costa Mesa, where he primarily handles class and collective actions involving antitrust law, state and federal wage and hour law, consumer fraud, lender liability law, and unfair business practices. In 2005, 2006, and 2007, Mr. Desai was selected by his peers as a Rising Star in Class Action Law by Super Lawyers Magazine, a privilege reserved for only 2.5 percent of the Best Young Lawyers in Southern California. In 2009 and 2010, he was selected as a Super Lawyer. He has written extensively on the subject of California class and collective actions, including articles for BNA s Class Action Litigation Report, Los Angeles Daily Journal, Los Angeles Lawyer, Texas Business Litigation Magazine, Consumer Attorneys FORUM Magazine, and the Orange County Lawyer Magazine. He has been closely involved in class action and employment law issues on numerous appeals, published district court opinions, and been an amicus for various organizations. Mr. Desai served as an Adjunct Professor at Chapman University School of Law from , and he frequently speaks on class action, employment law, reasonable attorney s fees, and federal procedure for various organizations. Mr. Desai received his B.A. degree in Economics from the University of Texas in Austin and his J.D. degree from the University of Houston Law Center. Mr. Desai is licensed to practice law in California and Texas. He can be reached at [email protected]. R. BRIAN DIXON (Chapter 4: Compensable Work Time and Regulation of Work Time) is a shareholder of Littler Mendelson, in its San Francisco office. Mr. Dixon s practice includes all aspects of employee compensation, including minimum wage, prevailing wage, overtime obligations, and incentive compensation plans. He represents employers in compensation disputes with the United States Department of Labor, California s Division of Labor Standards Enforcement, the enforcement agencies of other states, and private plaintiffs. Mr. Dixon also provides employers with a full range of counsel and legal representation, from consulting on individual disciplinary decisions to representation in state and federal courts. His practice has included wrongful termination issues, equal employment opportunity matters, and labor relations concerns. He received a B.A. from the University of Rochester and a J.D. from Stanford University School of Law. Mr. Dixon has authored books concerning compensation, including Federal Wage and Hour Laws, the Wage and Hour Handbook of the California Trucking Association, and a Guide to Compensating Employees for the California Association of Children s Homes. In addition, he is the general editor for Aspen Publishers 2007 and 2008 Wage and Hour Answer Book. LAURA FLEMING (Chapter 10: Employment of Minors) is a principal attorney in the Employment Law Group at Strandling Yocca Carlson & Rauth. Ms. Fleming specializes in employment litigation and represents employers in all aspects of California labor and employment law. Her practice includes preventative counseling, workplace investigations, administrative complaints, union arbitrations and negotiations, single-plaintiff employment disputes and wage and hour class action litigation. She received a B.A. (cum laude) in linguistics

2 from Harvard in 1993 and a J.D. (cum laude) from Harvard Law School in Ms. Fleming was selected to Southern California Rising Stars in Employment and Labor Law in 2007 and 2008 by Southern California Super Lawyers magazine. She was a regular columnist for the Shanghai Star and has contributed articles to the Orange County Lawyer. Ms. Fleming frequently speaks at seminars on various employment law topics, including immigration law. Prior to joining Payne & Fears LLP, Ms. Fleming was an associate at O Melveny & Myers LLP in Shanghai, China and Newport Beach, California. JEFFREY P. FUCHSMAN (Chapter 5: Payment of Wages and Chapter 6: Regular Rate and Overtime) is a partner in Ballard, Rosenberg, Golper & Savitt LLP, a labor and employment law firm representing management exclusively. For more than 25 years, Mr. Fuchsman has successfully defended employers in a wide range of employment law matters, including wage and hour class actions, wrongful termination, discrimination, and sexual harassment lawsuits. Mr. Fuchsman has appeared in state and federal courts throughout California, and has argued cases before the California Court of Appeal and the Ninth Circuit of Appeals. Mr. Fuchsman was cocounsel for the employer in a landmark case before the California Supreme Court on constructive discharge, Turner v Anheuser-Busch, Inc. (1994) 7 C4th He also counsels companies on day-to-day employment law issues, including wage and hour, family and medical leave, drug testing, investigations, employee discipline, and terminations. Mr. Fuchsman is also a frequent author and speaker on various labor and employment law topics. He is a 1982 graduate of the University of San Diego School of Law, and received his B.A. in Economics from the State University of New York at Albany in ANNE HIPSHMAN (Chapter 11: DLSE Enforcement of Wage and Hour Laws) received her B.S. in 1976 from the University of California, Berkeley, and her J.D. in 1980 from Golden Gate University School of Law. Since becoming an attorney, Ms. Hipshman has practiced in the area of labor and employment law, with an emphasis on wage and hour issues. After several years in private practice, she joined the legal section of the Division of Labor Standards Enforcement (DLSE) in 1989, where she is currently a senior staff attorney. From 2000 to 2005, she served as assistant chief counsel of the DLSE. BILL HOERGER (Chapter 3: The Employment Relationship) is a Director of Litigation, Advocacy and Training for California Rural Legal Assistance, Inc. in San Francisco. Mr. Hoerger focuses on wage and hour litigation and issues of employee-independent contractor misclassification. He has taught extensively on these issues in state and national legal services conferences. Mr. Hoerger received a B.Sc. in 1964 and an M.Sc. in 1968 from Ohio State University, and a J.D. in 1970 from the University of Chicago Law School. TODD F. JACKSON (Chapter 13: Mediating Wage and Hour Disputes) received his B.A. from Johns Hopkins University and his J.D. from the University of California, Berkeley, School of Law. Mr. Jackson is a shareholder of Lewis, Feinberg, Lee, Renaker, & Jackson P.C. in Oakland, where he represents employees in class action cases involving overtime pay, pension benefits, and employment discrimination. He is a frequent panel speaker on employee benefits and wage and hour law and has written articles on ERISA fiduciary rules and wage and hour litigation. MERYL C. MANEKER (Chapter 13: Mediating Wage and Hour Disputes and Chapter 15: Litigating Wage and Hour Cases: Defendants Perspective) received her A.B. in 1983 from Brown University and her J.D. in 1988 from New York University School of Law. Ms. Maneker is a partner at Wilson Turner Kosmo LLP in San Diego, where her practice focuses on the

3 defense of class actions and, in particular, of employers in cases involving wage and hour laws. She also defends employers in claims of wrongful termination, discrimination and harassment, and violations of the Americans with Disabilities Act. Among other community involvements, she is the cochair of the Lawyer Representatives Committee of the U.S. District Court for the Southern District of California and a member of the Board of Directors of the Lawyers Club of San Diego. MARLENE MURACO (Chapter 8: Workplace Policies and Best Practices) is a shareholder with the San Jose office of Littler Mendelson, the nation s largest labor and employment law firm representing management. She has successfully defended employers in litigation involving the full panoply of employment law claims but has a particular specialty in wage and hour class actions. Ms. Muraco also regularly advises employers on practical, thorough compliance with employment and labor law, with a focus on employers operational and strategic needs-skills she honed during the seven years she spent two days a week on-site at a Fortune 100 company providing legal advice and practical guidance on employment issues to the company s human resources and employee relations staff. Ms. Muraco is a contributing author to Littler Mendelson on Employment Law Class Actions (LexisNexis 2007), the Wage and Hour Answer Book (Wolters Kluwer 2009) and Employment Arbitration Agreements: A Practical Guide (Aspen Publishers 2009). She is also the author of the following books: Managing Workplace Harassment A Guide for Preventing, Addressing and Resolving Harassment Issues on the Job; Hire & Fire Module: Ten Steps to Help You Stay Out of Court; and Family and Medical Leave Act: A Ten-Step Federal and State Compliance Guide for Employers. STEVEN G. PEARL (Chapter 14: Litigating Wage and Hour Cases: Plaintiffs Perspective) received his B.A. (with honors) in 1989 from the University of California, Berkeley, and his J.D. in 1993 from the University of California, Hastings College of the Law. Mr. Pearl is principal of The Pearl Law Firm in Encino, where he concentrates on wage and hour litigation, class actions, unfair competition, and consumer protection litigation. He is a frequent speaker and writer on wage and hour topics and is the author of the California Wage and Hour Law Blog for Employees (cawageandhourlaw.blogspot.com). He is a member of the California Employment Lawyers Association, where he serves as co-chair of the Wage and Hour Committee. He also serves on the Planning Committee for the Los Angeles County Bar Association s Annual Labor and Employment Law Symposium. RICHARD S. ROSENBERG (Chapter 5: Payment of Wages and Chapter 6: Regular Rate and Overtime) is a founding partner of Ballard Rosenberg Golper & Savitt LLP in Glendale. He is a graduate of the College of Industrial and Labor Relations at Cornell University and the University of Santa Clara Law School. Mr. Rosenberg has spent his entire career (32 years) providing advice and counsel to management (exclusively) on the entire spectrum of labor relations and employment law matters. He was recognized as a Southern California Super Lawyer by Los Angeles Magazine and the Journal of Law and Politics for Mr. Rosenberg has received this recognition each year since the award was created. In addition, he was named among the Best Lawyers in America. In 2007, he was named by the San Fernando Valley Business Journal as among the Top 25 attorneys in the San Fernando Valley. Mr. Rosenberg s work includes advice on employment law strategy and compliance, as well as litigation, covering such diverse areas as wage-hour collective and class actions, traditional labor relations matters (union organizing, strikes/picketing, collective bargaining, grievance handling and arbitration, and the acquisition/divesture of unionized businesses), class actions and individual claims for

4 employment discrimination, sexual and other workplace harassment, wrongful termination, whistleblower complaints, occupational safety and health, trade secret protection/enforcement, WARN Act compliance, immigration law compliance, FMLA, ADA, COBRA, HIPAA, and Sarbanes-Oxley and ARRA whistleblower matters. Mr. Rosenberg is a recognized expert in wage and hour law. He and his partners have written a leading treatise on wage-hour law for California lawyers as part of Advising California Employers and Employees (published by CEB). As part of the firm s preventive practice, Mr. Rosenberg designs and presents customized internal management training programs on a broad range of employment law matters. He has trained well over 15,000 business executives and managers on labor and employment law compliance. PETER S. RUKIN (Chapter 13: Mediating Wage and Hour Disputes and Chapter 14: Litigating Wage and Hour Cases: Plaintiffs Perspective) received his B.A. in 1988 from the University of Illinois and his J.D. in 1991 from New York University School of Law. Following law school, he served as a law clerk to U.S. District Court Judge Harry D. Leinenweber in Chicago. Mr. Rukin is a partner with Rukin Hyland Doria & Tindall LLP in San Francisco, where he specializes in complex litigation with a focus on wage and hour claims. He also represents clients in cases involving discrimination, harassment, wrongful termination, breach of contract, whistleblower retaliation, and mass layoff/warn Act violations. Mr. Rukin frequently speaks and writes on employment issues and currently serves on the Executive Committee of the California State Bar s Labor and Employment Section. He is also a member of the California Employment Lawyers Association and serves on the San Francisco Regional Board of the New Israel Fund. KIRSTEN G. SCOTT (Chapter 13: Mediating Wage and Hour Disputes) received her B.A. in 1999 from the University of Pennsylvania and her J.D. in 2007 from the University of California, Berkeley, School of Law. Ms. Scott is an associate with Lewis, Feinberg, Lee, Renaker & Jackson P.C. in Oakland, where she focuses on plaintiff-side wage-and-hour, discrimination, and employee benefits law. She has served as a judicial extern for the Honorable Charles R. Breyer of the U.S. District Court for the Northern District of California and as a legal intern with the EEOC and the Legal Aid Society-Employment Law Center. MICHAEL D. SINGER (Chapter 1: Overview of California Wage and Hour Law) is a 1984 graduate of the University of California, Hastings College of the Law and the managing partner of Cohelan Khoury & Singer in San Diego, California. He is a contributor to the California State Bar, Litigation Section, Los Angeles Daily Journal, Orange County Lawyer, and Consumer Attorneys of California publications on class action and employment issues and regularly contributes amicus curiae briefs and letters on employment issues on behalf of the California Employment Lawyers Association. He briefed and argued as amicus curiae in National Steel & Shipbuilding Co. v Superior Court (2006) 135 CA4th 1072 (finding Lab C pay constitutes compensation), and argued for plaintiffs in Brinker Int l Inc. v Superior Court before the Fourth District Court of Appeal (supporting class certification of meal, rest, and off-the-clock compensation claims). Mr. Singer has reviewed and coordinated amicus filings on multiple wage and hour issues in the California Supreme Court and Courts of Appeal, including Keller v Tuesday Morning, Inc. (2009); Chindarah v Pick Up Stix (2009); Lu v Hawaiian Gardens Casino (2009); Watkins v Wachovia (2009); Brinkley v Public Storage (2009); Group Brewer v Premier Golf (2008); Ghazaryan v Diva Limousine (2008); Bufil v Dollar Fin. Group (2008); BCBG Overtime Cases (2008); Kenny v Supercuts (2008); Salazar v Avis (2008); and Estrada v FedEx Ground Package Sys. (2007). Mr. Singer is a CLE lecturer on class action procedure and wage

5 and hour issues, including at commercial seminars in San Diego, San Francisco, Orange County, and Los Angeles and presentations before the San Diego and Orange County Bar Associations. MATTHEW T. WAKEFIELD (Chapter 5: Payment of Wages and Chapter 6: Regular Rate and Overtime) is a partner with the firm of Ballard, Rosenberg, Golper & Savitt LLP in Glendale. Mr. Wakefield graduated in 1984 from California State University, Hayward, and received his law degree in 1994 from the University of San Diego School of Law, where he was a member of the Order of the Coif and the Executive Editor of the Law Review. He is a recipient of the Brundage and Zellmann Award for Excellence in Labor Law and the American Jurisprudence Award for Civil Procedure. About the 2015 Update Authors AASHISH Y. DESAI is the update author of Chapter 2 (Overview of Federal Law). See his biography in the About the Authors section. LAURA FLEMING is the update author of Chapter 10 (Employment of Minors). See her biography in the About the Authors section. Ms. Fleming is currently Of Counsel with Payne & Fears in Irvine. BILL HOERGER is the update author of Chapter 3 (The Employment Relationship). See his biography in the About the Authors section. Mr. Hoerger currently lives and practices in Oakland JESSICA RIGGIN is an update author of Chapter 14 (Litigating Wage and Hour Cases: Plaintiffs Perspective). Ms. Riggin obtained her law degree from Columbia University School of Law in 2011 and graduated summa cum laude from Boston College in Following law school, she clerked for the Hon. David O. Carter of the U.S. District Court for the Central District of California. Ms. Riggin is currently an associate at Rukin Hyland Doria & Tindall LLP in San Francisco, where her practice involves a wide range of employment law matters, from wage and hour class and collective actions to individual sexual harassment and wrongful termination cases. Ms. Riggin also advises individual clients with respect to contract and severance negotiations. She is a member of the Labor and Employment Law Section of the California State Bar and moderated the Case Law Update Panel at the Section s 2014 Advanced Wage and Hour Conference. PETER RUKIN is an update author of Chapter 14 (Litigating Wage and Hour Cases: Plaintiffs Perspective). See his biography in the About the Authors section. KIRSTEN G. SCOTT is the update author of Chapter 13 (Mediating Wage and Hour Disputes). See her biography in the About the Authors section. MICHAEL D. SINGER is the update author of Chapter 1 (Overview of California Wage and Hour Law). See his biography in the About the Authors section.