Intro
Ray has substantial litigation experience in state and federal trial and appellate courts. His focus is on employment, labor and benefits litigation with an emphasis on defense of complex disputes. His practice includes class and other multi party actions, in particular, wage and hour and pension cases. He has represented employers in the government, transportation, life sciences, utility, manufacturing, health care and financial industries. He also handles litigating, commercial, unfair competition, trade secret and environmental cases.
He has argued matters before the Ninth Circuit Court of Appeals. He has tried cases in state and federal courts and before administrative agencies, including the National Labor Relations Board. Ray has successfully conducted numerous arbitrations and has extensive labor relations experience.
With a master's degree in industrial relations and prior experience as a human resource manager, Ray counsels employers on the full range of employment law compliance and litigation prevention.
Areas of Focus
Education
Admissions and Courts
Successfully defeated class certification in a case brought by County Sheriffs, Firefighters and Probation Employees. See Imperial County Sheriff's Assoc., et al., v. County of Imperial, et al., Imperial County Superior Court (2019). The class certification denial is currently on appeal.
Successfully obtained judgment for Stanislaus County following a court trial in Michael R. O'Neal, et al. v. Stanislaus County Employees' Retirement Association, et al., Stanislaus County Superior Court (2019). The case is currently on appeal. See O'Neal, et al. v. Stanislaus County Employees' Retirement Assoc. (2017) 8 Cal.App. 5th 1184. Successfully resolved retiree health vested rights class cases
Successfully resolved retiree health vested rights class cases in Federal District Court for the Northern District of California. Sonoma County Association of Retired Employees v. Sonoma County (2017) See, 708 F.3d 1109 (9th Cir. 2013); Retiree Support Group of Contra Costa County v. Contra Costa County (2016).
Successfully obtained summary judgment of putative class action case alleging employee misclassification as preempted by the Federal Aviation Administration Authorization Act. The judgement was reversed on appeal, remanded, and subsequently successfully resolved. Hireem Elijahjuan, et al. v. Mike Campbell and Associates Logistics, et al., B255533 (Cal. Ct. App. Nov. 4, 2015)
Obtained dismissal of unfair labor practice charges following administrative trial, affirmed by NLRB and Ninth Circuit Court of Appeal. Int’l Longshore & Warehouse Union v. NLRB, 363 Fed. Appx. 488 (9th Cir. 2010)
Successful defense of class action pension case following bench trial. George Mathews, etc., et al. v. Ventura County Employees' Retirement Association, and County of Ventura, Ventura County Superior Court, CIV 220607
Obtained dismissal of employment discrimination case on summary judgment subsequently affirmed by Ninth Circuit Court of Appeal. Surrell v. California Water Service Company, 518 F.3d 1097 (9th Cir. 2008)
Successful defense of sexual harassment case against employer and CEO following two week arbitration. The award was confirmed by a superior court.
Law Clerk, National Labor Relations Board Administrative Law Judges
Extern to the Honorable Eugene F. Lynch, United States District Court for the Northern District of California
"Class Action Waiver Split May Go Up," co-author, Daily Journal (September 2016)
"Ninth Circuit Invalidates Class Action Waiver As Violating Employees’ Right To Engage In 'Concerted Action,' " co-author, Labor & Employment Law Alert (August 2016)
"Looking Ahead After NLRB Joint Employer Ruling," co-author, The Recorder (September 2015)
"Tough Times Ahead For Transit Cos. After New NLRB Test?" co-author, Law360 (September 2015)
"A Favorable Light on FAAAA Preemption," co-author, The Transportation Lawyer (August 2014)
"Employment Law Roundtable," California Employment Law Magazine (Summer 2006)
"Mock Mediation and Alternative Dispute Resolution," American Trucking Associations Forum for Motor Carrier General Counsel (July 2017)
"Brace for Impact: Wage and Hour Challenges for 2016," co-speaker, ATA Litigation Center's Forum for Motor Carrier General Counsel (July 2016)
"Brace for Impact: Wage and Hour Challenges for 2016", moderator, ATA Litigation Center's Forum for Motor Carrier General Counsel (July 2016)
"Legal Update," co-speaker, Western Pension & Benefits Council San Francisco 2016 Spring Conference (May 2016)
"Federal and California Wage and Hour Developments," co-speaker, Hanson Bridgett Labor & Employment Seminar (January 2016)
"To Have and Have Not – FAAAA Preemption," co-speaker, American Trucking Associations Forum for Motor Carrier General Counsel (July 2014)
"Current Developments on Pension and Benefits," co-presenter, MLI Conference (February 2014)
"Independent Contractor Classification Issues in Trucking Industry," California Trucking Association Meeting (January 2014)
"Wage and Hour Pitfalls," HR Compliance Roadmap Seminar (January 2014)
"The Contours of Preemption under the FAAAA," American Trucking Association Litigation Forum (July 2013)
"Compliance and Avoiding Pitfalls of Wage and Hour Errors," AGC of California Annual Legal Retreat (October 2011)
"Pension Reform: What's on the Horizon," MMANC Winter Forum (February 2011)
"Wage and Hour Class Action Lawsuits Against Assisted Living Communities," co-presenter, CALA Webinar (April 2010)
"Family Feud: Managing Employee Relations," American Trucking Association Litigation Forum (July 2009)
"Meal and Rest Break Litigation—Brinker and Beyond," Association of Corporate Counsel (September 2008)