Thomas R. Kaufman

Kaufman represents major clients such as Kaiser Permanente, Bank of America Corp., Wells Fargo & Co. and Cox Enterprises Inc. in wage and hour matters. Over the last two years, he's obtained favorable appellate results that may ease the defense's path in future cases. "I've handled 15 to 20 appeals and lost only one," he said.

Most recently, Kaufman defeated class certification in a wage and hour case over rest and meal breaks and overtime pay for mechanics working at automobile auction house Manheim Investments Inc. Before he persuaded U.S. District Judge Cathy Ann Bencivengo of San Diego to reject certification last month, Kaufman had twice taken the matter of whether to venue the case in state or federal court to the 9th U.S. Circuit Court of Appeals.

The circuit reversed Bencivengo's ruling, remanding the matter to state court, and rejected an anti-removal standard that California district courts had been applying to keep wage and hour class actions in state court. "This is important, because it helps defendants keep cases in federal courts," generally viewed as a more favorable forum, Kaufman said. Ibarra v. Manheim Investments Inc., 775 F.3rd 1193 (Jan. 8, 2015)

For telecommunication provider Charter Communications LLC, Kaufman dealt decisively with a recurring issue for companies that have field technicians driving around in trucks. If the drivers have the option of taking the truck to and from home, thereby avoiding trips in their personal vehicles to and from a depot, must the company pay them for the time they spend in the truck on their commute? Senior U.S. District Judge Anthony W. Ishii of Fresno answered no in granting Kaufman's motion for partial summary judgment.

"It's a published decision. It's not binding, but it's persuasive," Kaufman said. "There are a lot of benefits to drivers if a company lets them take the truck to and from home. Some otherwise have a 40-mile commute to the depot. We learned of one driver who doesn't even have a personal vehicle because he can use the truck for work. Even with the benefits, the drivers pushed this case and lost." Novoa V. Charter Communications LLC, 100 F.Supp. 3rd 1013 (E.D. Cal., filed July 5, 2013)

And for Kaiser, Kaufman obtained for the first time a state court published appellate decision in a major off-the-clock class action. The justices ruled that an employer does not have to pay for time an employee failed to record in the timekeeping system. "We developed good deposition testimony that the employee had taken steps to conceal that he had worked before and after his shift," Kaufman said. "This was the first state case to follow the federal rules on this issue." Jong v. Kaiser Foundation Hospitals, 226 Cal. App. 4th 391 (1st DCA, May 20, 2014)

— John Roemer