The Labor and Employment Department of Payne & Fears specializes in representing local, regional and national employers in all aspects of labor and employment law and related litigation.  We defend employers in employment cases, ranging from single-plaintiff wage and hour actions to complex disparate treatment cases brought on behalf of thousands of employees.  We deliver cost-effective results through early, comprehensive assessment of the facts and case strategy.  While many of our cases are resolved by dispositive motions and early resolution, we are also skilled trial attorneys who successfully take employment cases of every size and type through trial, arbitrations and administrative proceedings.  Our major areas of expertise include:

Successes

Jun 14

Payne & Fears LLP Obtains Summary Judgment and Dismissal On Behalf of Client

Payne & Fears LLP secured complete summary judgment and a voluntary dismissal on behalf of a client in two separate cases filed by the client’s former employee. The employee filed one action alleging that she was discriminated and retaliated against due to a disability that put her out of work indefinitely, and that she was not reasonably accommodated for this disability. The employee filed a second action styled as a wage and hour class action alleging she and other similarly situated employees were denied overtime pay, meal periods, and rest breaks, among other things. In the individual discrimination case, Payne & Fears successfully argued that the employer had gone above and beyond its legal obligations to accommodate the employee and that her request for an indefinite leave of absence was per se unreasonable and therefore not required by law. The Orange County Superior Court agreed and granted summary judgment on all six causes of action in that case. Following the employer’s summary judgment victory in the individual discrimination case, the employee agreed to voluntarily dismiss her wage and hour claims from her class action lawsuit. Jeff Brown, Alex Ruiz, and Tyler Runge defended the case for the employer, with Alex Ruiz handling the oral argument of the summary judgment motion.

Labor and Employment Litigation

Alejandro G. Ruiz, Jeffrey K. Brown, Tyler B. Runge

2018

Won Five-Year Battle on Behalf of Client Medway Plastics Corporation

Payne & Fears LLP won a five-year battle on behalf of client Medway Plastics Corporation, ending with the California Court of Appeal upholding dismissals by the arbitrator and trial court.

Two former employees of Medway filed their complaint in 2013.  We moved swiftly to compel arbitration, which the trial court denied. We appealed, and the Court of Appeal agreed with us and ordered arbitration.

When Plaintiffs waited more than a year to file their complaint in arbitration, we moved to dismiss their claims as untimely.  This argument was accepted by the arbitrator, who dismissed the case.  Plaintiffs then appealed, first to the trial court (who agreed with us and the arbitrator) and then to the Court of Appeal.

In its 22-page decision, the Court of Appeal upheld the decisions of the arbitrator and the trial court to dismiss the case.

Medway Plastics Corporation was defended by Phil Lem, who prepared the briefings and argued successfully before the arbitrator, the trial court and twice at the Court of Appeal.

Labor and Employment Litigation, Appellate Law (Labor)

Blake A. Dillion, Daniel F. Fears, Laura Fleming