Hernaldo J. Baltodano
Experience
- Practice focuses on employment litigation and counseling, including Title VII and California state (FEHA) claims for discrimination, harassment and retaliation, and wage and hour class action defense involving claims for unpaid minimum and overtime wages under federal (FLSA) and state law, and claims under the California Labor Code.
Selected Results*
Obtained summary judgment for employer in age discrimination lawsuit.
Represented employer in class action lawsuit brought by general and assistant managers alleging "misclassification" and accompanying wage and hour violations. The matter settled before hearing date on employer's motion to decertify class.
Currently representing employer in wage and hour class action lawsuit seeking unpaid wages and penalties related to alleged employee searches upon entry at the beginning and exit after the workday. Matter settled on "claims made" terms and is awaiting final approval of the court.
Represented employer in statewide class action alleging "off-the-clock" work, meal and rest break violations, failure to properly calculate the "regular rate" for overtime pay, and failure to pay for all accrued vacation, absence and personal holiday time-off. Two of three named plaintiffs dismissed their claims. Case later dismissed without prejudice.
Represented franchisor against unpaid wage and meal and rest break claims alleged by employee of California franchisee based on "joint employer" theory. Case dismissed against franchisor.
Represented employer in a statewide class action alleging improper calculation of the "regular rate of pay" for overtime related to incentive payments and for related late payment and wage statement penalties. Matter settled on favorable "claims made" terms.
Representing employer in California statewide class action alleging violations for misclassification of managers, "off-the-clock" work, meal and rest break compliance, and associated wage statement and late payment penalties.
Recognition
- Recipient of the "Volunteer of the Year Award," from Public Counsel (2009)
- Named a "Southern California Rising Star," by Law & Politics (2007, 2008)**
- Named a "Super Lawyer-Rising Star" in Employment Litigation by Los Angeles Magazine (2004, 2005, 2006)**
Languages
Memberships
- Los Angeles County Bar Association
- Consumer Trial Lawyers of America
Civic Associations
- Valley Family Center in San Fernando, California, Board of Directors
- Volunteers in Parole, Inc.
Bar Admissions
- California
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Northern District of California
Education
University of California at Berkeley, Boalt Hall School of Law, J.D. (2002); Executive Editor, Berkeley La Raza Law Journal; Chair, La Raza Law Students Association
University of California at Davis, A.B., Sociology, with honors (1999)
Selected Speeches
-
Litigation Skills for Legal Professionals in California
Lorman Education Services, Los Angeles, California
(February 3, 2009)
-
Two 'Southern California Rising Stars' Discuss the Way Forward for Employees and Companies after the Brinker's Decision
Los Angeles County Bar Association, Los Angeles, California
(January 8, 2009)