SELECT CASES

Meyer, et al. v. Clinton (Department of State), The United States Equal Employment Opportunity Commission (EEOC) has certified a class action brought on behalf of all disabled Foreign Service applicants against the U.S. State Department by San Francisco Bay Area attorney Bryan Schwartz. The Class Agent in the matter, Doering Meyer, is a woman with multiple sclerosis (MS) who qualified for a Foreign Service Officer position after a rigorous screening process – only to be denied employment because her multiple sclerosis automatically disqualified her, under the State Department guidelines challenged in the suit.

Pearson, et al. v. Samsonite Company Stores, Inc., et al., in which the U.S. District Court for the Northern District of California approved a class and collective action settlement negotiated by Bryan Schwartz Law, in which dozens of Store Managers nationwide received approximately $1 million after the case was filed (nearly $8,300/each) for alleged overtime and other wage/hour violations, and their employer reclassified all of its Store Managers as "non-exempt," so that its employees would be entitled to overtime in the future.

Bhat v. DC Water & Sewer Authority, in which the water quality manager for DC's water provider was vindicated, after being terminated for disclosing to the EPA excessive lead levels in the drinking water. The Department of Labor's 186-page decision awarded full relief, plus compensatory and punitive damages, after an eight-day public hearing regarding her termination. The case was publicized nationally and internationally on MSNBC, NPR, Voice of America, and the Hindustani Times (India's English daily), among others, and locally (in Washington, DC) on the front page and editorial pages of The Washington Post, on ABC, CBS, FOX, NBC, and WAMU Radio (88.5 FM). The Washington Post editorial after her victory was entitled, "Justice for Seema Bhat."

Nigam v. US Dept. of Housing & Urban Development, in which a Bush Cabinet Secretary was found to have discriminated personally against a mid-level manager in a non-selection, based upon race and national origin, and in denying her a bonus after she complained of his discrimination against her, based on retaliation. The Equal Employment Opportunity Commission awarded the full damages sought, plus extensive injunctive relief, including posting of notices nationwide about the Secretary's unlawful actions.

Cross v. Smithsonian, in which a whistleblower was fired after exposing extensive corruption at the Smithsonian's National Air & Space Museum, including top managers' use of the Agency's employees to do the managers' personal projects. The Washington Post described the Agency's wrongdoing, exposed by the employee, in a cover story. Ultimately, the Merit Systems Protection Board affirmed the Judge's decision awarding full relief, and the employee returned to his job with head held high, and with complete backpay, after more than four years of heated litigation.

Stanfield, et al. v. First NLC, in which a class of approximately 3,000 mortgage industry employees nationwide received a $14 million settlement for alleged overtime and other wage/hour violations, along with reclassifications of thousands of workers as non-exempt.

Pearson, et al. v. Samsonite Company Stores, Inc., et al., in which the U.S. District Court for the Northern District of California approved a class and collective action settlement negotiated by Bryan Schwartz Law, as a result of which dozens of Store Managers nationwide received approximately $1 million (nearly $8,300/each) to compensate for alleged overtime and other wage/hour violations, and Samsonite guaranteed reclassification of all of its Store Managers as "non-exempt," so that they will be entitled to overtime in the future.

Jenkins v. Dept. of Education, in which a disabled attorney, who was employed in the Department's section responsible for disability accommodations for students, was herself denied reasonable accommodations for years, receiving approximately $200,000 worth of benefits in settlement.

SELECT DECISIONS

Quiles, et al. v. Koji's Japan Incorporated, et al., Civ. No. 30-2010-00425532 (Docket #55) (Orange County Superior Court, April 29, 2011) (sustaining Plaintiffs' demurrer to cross-complaint brought by Defendant employer against former non-exempt line "managers" in its restaurant, alleging the low-wage workers were responsible for the company's failure to provide putative class members meal and rest periods and pay overtime).

Gebhardt v. Chu (Department of Energy) and Northrop Grumman, Civ. 10-2807 MEJ (Docket #26) (N.D. Cal. December 16, 2010) (granting Plaintiff equitable tolling, and rejecting Defendant Department of Energy's motion to dismiss for lack of jurisdiction based on Plaintiff's purported failure to exhaust administrative remedies).

Meyer, et al. v. Clinton (Department of State), EEOC Case No. 570-2008-00018X (September 30, 2010) (certifying class action based upon disability discrimination in State Department's Foreign Service Officer hiring)

Pearson, et al. v. Samsonite Company Stores, Inc., et al., Civ. 09-1263 JSW (Docket #81) (N.D. Cal. April 9, 2010) (approving settlement of case which resulted in approximately $1 million worth of relief to nationwide class of dozens of current and former Store Managers, along with the permanent reclassification of the position as non-exempt company-wide)

Maher v. Ideal Computer Services, Inc., No. RG07348498 (Cal. Sup. Ct. Alam. Co.) (June 9, 2009) (denying summary judgment on age discrimination claim; and, reversing tentative ruling granting summary judgment against punitive damages claim, after oral argument) (link)

Stanfield, et al. v. First NLC Financial Services, LLC, Civ. 06-3892 SBA (Docket #324) (N.D. Cal. December 21, 2007) (approving $14 million settlement for wage and hour claims of class of approximately 3,000 workers nationwide)

Rivera, et al. v. Solstice Capital Group, Civ. 07-1852 PSG (Docket #95) (C.D. Cal. December 8, 2008) (preliminary approval by a Federal Court of class certification for a class of hundreds of employees, and a settlement of hundreds of thousands of dollars for the class)(final approval granted February 23, 2009, Docket #109)

Wong v. HSBC Mortg. Corp. (USA), 2008 WL 753889 (N.D.Cal. March 19, 2008) (certifying nationwide FLSA class and granting summary judgment as to most of defendants' exemption defenses)

Clark v. Wells Fargo Financial, Inc., 2008 WL 4787444 (M.D.N.C. October 30, 2008) (rejecting motion to dismiss class claims based on notion of collateral estoppel from prior certification motion elsewhere in country)

Szittai v. Wells Fargo Financial, Inc., 2008 WL 4647739 (N.D.Ohio October 20, 2008) (same)

Castle v. Wells Fargo Financial, Inc., 2008 WL 2079192 (N.D.Cal. May 15, 2008) (allowing plaintiffs to amend to add claims on behalf of loan processors throughout California)

Ulloa v. Potter (United States Postal Service), 2008 WL 2561939 (D.Ariz. June 24, 2008) (order granting motion to amend, holding that Title VII does not preclude constitutional claims and that Plaintiff can assert deprivation of a Due Process property interest in her Postal Service employment)

Nigam v. Dept. of Housing and Urban Dev., EEOC No. 100-2005-00204X (extensive discrimination and retaliation findings by Commission against Bush Administrative Cabinet-level official; post-judgment settlement approved July 30, 2008)

Castle v. Wells Fargo Financial, Inc., 2007 WL 1105118 (N.D.Cal. April 10, 2007) (favoring equitable tolling for a class of approximately 14,000 employees' Fair Labor Standards Act (FLSA) claims – tolling granted June 29, 2007 (Dkt. #163))

Cross v. Smithsonian Inst., 106 M.S.P.R. 140 (M.S.P.B. May 9, 2007) (denying agency's appeal of decision granting full relief)

Stanfield v. First NLC Financial Services, LLC, 2006 WL 3531729 (N.D.Cal. December 5, 2006) (in FLSA case, rejecting Defendant's attempt to insert adverse language into notice of FLSA action to putative class of 4,000+ employees)

Cross v. Small, 2006 WL 2819758 (D.D.C. Sept. 29, 2006) (defeating summary judgment in District Court, EEO retaliation case)

Cross v. Smithsonian, Docket No. DC-1221-06-0039-W-2 (MSPB September 7, 2006) (winning reinstatement and full relief in Merit Systems Protection Board, whistleblower case).

Jordan v. US Dept. of Treasury, 102 M.S.P.R. 390 (June 27, 2006) (winning reinstatement and full relief in Merit Systems Protection Board, removal case)

Bhat v. District of Columbia Water & Sewer Authority, 2003 CAA 00017 (DOL November 1, 2005) (winning reinstatement and full relief in U.S. Department of Labor, environmental whistleblower case)

Rice v. US Dept. of Agriculture, 97 M.S.P.R. 501 (September 30, 2004) (establishing a new, more protective standard for whistleblower protections)