Paul Mello

Paul B. Mello

Partner

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Labor and Employment
Labor and Employment
San Francisco

Paul represents public and private sector clients in putative and certified wage and hour, harassment, and discrimination class actions. His practice focuses on complex employment litigation, supplemented by compliance advice and counseling on employment issues. He has also handled a wide variety of individual and multi-plaintiff cases in federal and state court including race, sex, disability, and age discrimination suits, as well as breach of employment contract, wrongful termination, fraud, defamation, whistle-blower, wage and hour and other employment-related litigation. 

Paul also represents public and private sector clients in administrative actions and/or investigations before or by the Occupational Safety and Health Appeals Board (DOSH actions), the California Division of Labor Standards Enforcement (DLSE), the Office of the Labor Commissioner, and the United States Department of Labor (DOL).

Paul frequently counsels employers and management in litigation prevention and compliance issues including leave of absence, accommodation of disabilities, wage and hour, employee discipline and termination, internal investigations, personnel policy issues, and reductions in force. Paul has extensive experience assisting clients concerning employment law issues that regularly present during the merger and acquisition process. He also routinely negotiates and drafts employment, independent contractor, and severance agreements for his clients.

In addition, Paul represents public sector clients in putative and certified class actions relating to the delivery health care and programs to persons incarcerated in or paroled from state-run correctional facilities. Paul also assists public sector clients in putative and certified class action litigation alleging police department wrongdoing.

Representative Work

Plata v. Brown. Paul is currently co-counsel with the California Attorney General's office in the Plata v Brown case. Plata is a class action case against the State of California, including the California Department of Corrections and Rehabilitation (CDCR), concerning the delivery of medical care to California's adult inmate population.

Valdivia v. Brown and L.H. v. Brown. Paul is lead counsel for the State in the Valdivia v. Brown and L.H. v. Brown cases.  Valdivia is a class action lawsuit against the State of California, the CDCR and related entities, concerning the State’s parole revocation processes as they relate to adults.  L.H. is a similar class action lawsuit relating to the parole revocations processes for juvenile offenders.

California Furlough Litigation. Paul was co-counsel for the State of California in consolidated litigation relating to California’s 2010-2011 budget impasse and the California Department of Personnel Administration’s implementation of the Governor’s furlough program.

Ranjan v. Patni Computer Systems, Ltd. et al. Paul represented Patni Computer Systems, Ltd., Patni Telecom Solutions, Inc., and iGATE, Inc., in an employment law action alleging, among other things, breach of contract, declaratory relief, intentional misrepresentation, as well as a separate cause of action for interference with a contract against iGATE.  Defendants filed a motion to dismiss plaintiff’s complaint based upon a forum selection clause. The Alameda County Superior Court granted defendants’ motion to dismiss, finding the parties’ forum selection clause was enforceable and thus, that it was reasonable for plaintiff to litigate his claims in the High Court of Bombay, India.

Allen, et al. v. City of Oakland, et al. In September 2012, Paul was retained as co-counsel, along with the City of Oakland's City Attorney's office, in this civil rights class action case involving allegations of police misconduct against the City's Police Department. Defense counsel successfully defended against placement of the Police Department into Receivership. Instead, the Federal Court will appoint a Compliance Director to assist the City in attaining substantial compliance with the parties' Negotiated Settlement Agreement.

Publications

"Overtime Class Actions: Alive and Kicking in California," Employment Law Bulletin (2004)

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Presentations

"Correctional Class Action Litigation: Risks, Prevention, & Litigation Strategies," co-speaker, San Joaquin Valley Regional Association of California Counties (October 2012)

"Compliance in 2013," co-speaker, Filice Insurance Compliance Seminar (January 2013)

"Review of Major Correctional Litigation," National Sheriffs' Association (January 2008)

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Professional Affiliations

Bar Association of San Francisco

Northern California Human Resources Association

Contra Costa County Bar Association

Education

J.D., University of California, Davis School of Law (1995)

B.A., University of California, Davis (1991)

Admissions And Courts

California

U.S. Supreme Court

U.S. Court of Appeals for the Ninth Circuit

U.S. District Court for the Northern District of California

U.S. District Court for the Central District of California

U.S. District Court for the Eastern District of California

U.S. District Court for the Southern District of California

East Bay

925-746-8480 Direct Phone
925-746-8491 Fax

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