excellence
in labor and employment law
FOR companies with california operations
the holland & hart difference
Our California team routinely handles matters in state and federal courts in California - including claims of discrimination, harassment, retaliation, wrongful termination, and from whistleblowers—as well as defending employers in administrative complaints and hearings. We have a deep bench of seasoned and successful attorneys that routinely provide clients doing business in California with strategic representation for all types of labor and employment matters, including litigation.
our services
employment litigation
hr
counseling
administrative representation
arbitration
agreements
training
workplace investigations
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california cases
In May 2020, a class action lawsuit was filed in Sacramento, California, alleging that our client’s 4,000+ associates in California are misclassified employees subject to wage and hour laws and other protections. The lawsuit focuses on cutting-edge legal issues pertaining to California’s unique legislation and court rulings that have changed many companies’ independent contractors into employees. The case was removed to federal court and we filed a motion to dismiss contending that direct-sales companies are expressly exempt from California’s new legal scheme.
We are defending a large construction company on a solar project in California against claims for off the clock work, travel time, security badge waiting time, overtime pay, failure to pay meal and rest breaks, waiting time penalties, final pay, and related matters, including claims under California’s Private Attorney General Act (PAGA). The matter involves multiple employers and contractors, subcontractors, and unrelated entities. After early calculated discovery and an early mediation, the parties are in the process of administering a class action settlement which was very favorable for our client. This was a California state court matter.
A related wage and hour class action was filed in Orange County, California making similar class claims of misclassification, failure to pay wages and bonuses, and failure to pay all required wages. This matter has proceeded through litigation and we are defending the company against class certification.
In May 2020, a class action lawsuit was filed in Sacramento, California, alleging that our client’s 4,000+ associates in California are misclassified employees subject to wage and hour laws and other protections. The lawsuit focuses on cutting-edge legal issues pertaining to California’s unique legislation and court rulings that have changed many companies’ independent contractors into employees. The case was removed to federal court and we filed a motion to dismiss contending that direct-sales companies are expressly exempt from California’s new legal scheme.
We are defending a large construction company on a solar project in California against claims for off the clock work, travel time, security badge waiting time, overtime pay, failure to pay meal and rest breaks, waiting time penalties, final pay, and related matters, including claims under California’s Private Attorney General Act (“PAGA”). The matter involves multiple employers and contractors, subcontractors, and unrelated entities. After early calculated discovery and an early mediation, the parties are in the process of administering a class action settlement which was very favorable for our client. This was a California state court matter.
We represent a client in an FLSA collective action and state class claims under federal law and Utah and Maryland state law. Former mortgage brokers alleged they were denied minimum wage and overtime pay under the FLSA as a result of misclassification and alleged the company intentionally failed to pay them and instructed them not to record time. The representative claimants attempted to certify a collective action related to the alleged misclassification and alleged resultant minimum wage and overtime violations. The claimants also attempted to bring a Rule 23 class action under Utah state law based on breach of contract related to commission status. We were able to diminish the collective class to six members, and leverage settlement before the arbitrator could decide the pending motion to certify the state class, on the basis of claimants’ unfavorable testimony obtained during depositions.
california licensed attorneys
Bryan regularly represents both private and public clients in wrongful termination, harassment, and discrimination claims in both federal and state courts, as well as in administrative proceedings before federal and state agencies. His employment litigation experience includes jury trial success and significant wage and hour class action success in both Utah and California.
BRYAN BENARD
Partner | View Bio | 801.799.5833
Businesses of all sizes throughout the Mountain West count on Dora to guide them through the myriad of labor and employment issues to keep their operations running smoothly. She works closely with her clients, talking through day-to-day employment issues, to ensure that best practices are in place and legitimate business reasons motivate employment decisions.
dora lane
Partner | View Bio | 775.327.3045
Adam advises companies on compliance issues related to state and federal employment laws and helps protect their business interests when litigation is unavoidable. To help ensure employers comply with ever-changing employment regulations, Adam works with clients to develop strong, defensible employment processes and supporting materials, including comprehensive employee handbooks.
Adam Bouka
Associate | View Bio | 801.799.5976
Greg represents a diverse array of clients, from Fortune 500 companies to start-ups. He draws on more than 20 years of employment and commercial litigation experience to counsel clients how to avoid or efficiently handle the full spectrum of employment liabilities. While Greg frequently represents clients in states across the nation, he is licensed in both California and Utah.
greg saylin
Partner | View Bio | 801.799.5973
Jordan is adept at representing public and private entities in collective bargaining with employee organizations, including achieving and maintaining compliance with collective bargaining agreements, personnel policies, labor and employment law, and state benefit programs. She advises clients on an array of federal employment laws as well as state-specific laws in Nevada and California.
jordan walsh
associate | View Bio | 775.327.3040
about the firm
Founded in 1947, Holland & Hart is a full-service Am Law 200 firm with offices in eight states and in Washington, D.C. We deliver integrated legal solutions to regional, national, and international clients of all sizes in a diverse range of industries. For more information, visit www.hollandhart.com or on Twitter: @HollandHart.
Ranked for Labor & Employment in five states by Chambers USA 2021
18 labor and employment attorneys included in The Best Lawyers in America© 2022; three attorneys named Lawyer of the Year; and seven attorneys named to the 2022 Best Lawyers: Ones to Watch list
Five attorneys recognized in Employment Litigation by 2021 Mountain States Super Lawyers®
Ranked as a top 5 Mountain West firm by Vault, 2017-2021
Highly Recommended for Labor and Employment by Benchmark Labor & Employment in 2020
Six individuals recognized by Mountain States Super Lawyers in 2021 for Employee Benefits and Employment Litigation: Defense, including one attorney in the Top 100 and one in the Top 50 Women
recognition
diversity & inclusion
Best Place to Work for LGBTQ Equality, Human Rights Campaign Foundation’s Corporate Equality Index, 2020-2022
Foundation’s 2020 and 2021 Corporate Equality Index
2019 Sustained Diversity Champion, Colorado Pledge to Diversity
Mansfield Rule Certified Plus for four consecutive years, 2018-20201
Ranked Tenth on Am Law’s 2020 A-List: Female Equity Partner
Scorecard
In 2021, achieved Gold Standard Certification by the Women in Law
Empowerment Forum for nine consecutive years, 2011-2021
Named to Law 360’s list of “Ceiling Smashers” for firms with the
highest representation of female equity partners, 2017-2021
In 2022, recognized as one of the 50 Best Law Firms for Women by Seramount for the 11th time, earning a place in the Hall of Fame
services
california cases
attorneys
about the firm
We handled two separate California wage and hour class action litigation matters for one client. One matter in Fresno, California was resolved favorably for our client with a class of nearly 200 plaintiffs. All but four class members opted in and agreed to the settlement, which was then approved by the California Superior Court in Fresno.
If you would like more general information, feel free to contact us directly or visit our main website at www.hollandhart.com.
We represent a client in an FLSA collective action and state class claims under federal law and Utah and Maryland state law. Former mortgage brokers alleged they were denied minimum wage and overtime pay under the FLSA as a result of misclassification and alleged the company intentionally failed to pay them and instructed them not to record time. The representative claimants attempted to certify a collective action related to the alleged misclassification and alleged resultant minimum wage and overtime violations. The claimants also attempted to bring a Rule 23 class action under Utah state law based on breach of contract related to commission status. We were able to diminish the collective class to six members, and leverage settlement before the arbitrator could decide the pending motion to certify the state class, on the basis of claimants’ unfavorable testimony obtained during depositions.
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Steven advises and defends clients in a wide range of employment law matters. He partners closely with key client/company stakeholders to prevent issues from arising between management and staff. When disputes escalate, Steven guides clients through the resolution process through clear, actionable/practical communication.
Steven Eheart
associate | View Bio | 303.293.5264
