Practice Expertise

  • Labor & Employment
  • Employee Benefits
  • Appellate
  • Labor & Employment

Areas of Practice

  • Appellate
  • Employee Benefits
  • Labor & Employment
  • Labor & Employment
  • Litigation & Dispute Resolution
  • Litigation & Dispute Resolution
  • Transportation & Logistics
  • Transportation & Logistics
  • View More

Profile

Ray has substantial litigation experience in state and federal trial and appellate courts. Ray's practice focuses 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. Ray's practice also includes 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.

Ray counsels employers on the full range of employment law compliance and litigation prevention. With a master's degree in industrial relations and prior experience as a human resource manager, he brings a unique and valuable perspective to his legal practice.

Bar Admissions

  • California
  • 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

Education
J.D., cum laude, University of California, Hastings College of the Law M.A., University of Minnesota B.A., University of Minnesota

Areas of Practice

  • Appellate
  • Employee Benefits
  • Labor & Employment
  • Labor & Employment
  • Litigation & Dispute Resolution
  • Litigation & Dispute Resolution
  • Transportation & Logistics
  • Transportation & Logistics

Professional Career

Significant Accomplishments

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.





Articles

"U.S. Supreme Court Finds That Individual PAGA Claims Can Be Compelled To Arbitration," Labor & Employment Law Alert (June 2022)
"New California Court of Appeal Decision Upholds Decisions Made By County Retirement System During Great Recession," Litigation Law Alert (December 2021)
"California Supreme Court Upholds Pension Reform Changes As Constitutional," co-author, Employee Benefits Law Alert (July 2020)
"Business Realities in the Age of COVID-19," co-author, Seniors Housing Business (June 2020)
"The CARES Act Increases Unemployment Compensation Coverage and the DOL Clarifies Exemptions to the FFCRA," co-author, Labor & Employment Law Alert (March 2020)
"CARES Loans Come With "Union Neutrality" Price Tag," co-author, Labor & Employment Law Alert (March 2020)
"Employer’s Notification Requirements of Possible COVID-19 Exposure," co-author, Labor & Employment Law Alert (March 2020)
"Ignorance Is Bliss (If You Are an ERISA Plaintiff)," co-author, Employee Benefits Law Alert (February 2020)
"What Employers Should Know About California's Proposed Worker Classification Bill," co-author, BenefitsPRO (August 2019)
"Big Changes on the Way: What You Need to Know about the Joint Employer Rule" co-author, Industry Week (August 2018)
"Courts Split On Pension Vested Rights Analysis," co-author, Employee Benefits Law Alert (March 2018)
"California Supreme Court Confirms that Labor Code Section 226.7 and IWC Wage Order No. 4 Prohibits On-Duty and On-Call Rest Periods," co-author, Labor & Employment Law Alert (December 2016)
"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)
"McDonald’s On The Hook For Class Certification Of Wage And Hour Claims Under Ostensible Agency Theory," co-author, Labor & Employment Law Alert (July 2016)
"Montanile: A Cautionary Tale For ERISA Plans," co-author, Litigation & Dispute Resolution Alert (January 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)
"NLRB Imposes Broad New Joint Employer Standard," co-author, Labor & Employment Law Alert (September 2015)
"A Favorable Light on FAAAA Preemption," co-author, The Transportation Lawyer (August 2014)
"Employment Law Roundtable," California Employment Law Magazine (Summer 2006)
"Who's The Boss? Defeating Joint Employment Allegations Early In Employment Litigation," co-author, The Transportation Lawyers Association (August 2010)
"Class Actions after AT&T Mobility," Daily Journal (July 2012)

Blogs

HB Briefly

Briefly is designed to provide readers with updates on the latest litigation developments in California. Our focus is on general litigation as well as issues surrounding class actions, products liability, discovery, privacy, cybersecurity, and the professional practice of law.

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