Dipanwita D. Amar

Amar has handled almost every piece of employment litigation for Concord-based liquor retailer Beverages & More Inc. — rebranded as BevMo in 2001 — since 2006. The exception was a major class action alleging that the company required about 11,000 nonexempt, hourly paid employees to work off the clock through unpaid lunch breaks; failed to reimburse employees for travel expenses when they had to go to other stores to pick up inventory or attend mandatory meetings; and failed to provide seating. Coffey v. Beverages & More Inc., BC477269 (L.A. Super. Ct., filed Jan. 18, 2012)

"This was the first case they handed to another law firm," Amar said. It didn't go well. The other firm lost a motion to compel arbitration at the trial court; that ruling was affirmed by a state appellate panel. A year and a half ago, BevMo had Amar take over the case, which she said she litigated vigorously. "The trial court found the named plaintiff had signed the company handbook, but there was confusion over what she was signing. We disagree, but that was the ruling," Amar said.

Amar said she interviewed and deposed numerous class members. "We marshaled a ton of evidence showing it would be difficult to certify a class," she said. "The other side sought to certify all employees at all stores, but there were not common claims." Since the state Supreme Court in 2012 ruled on meal and rest break issues in Brinker Restaurant Corp. v. Superior Court, 53 Cal.4th 1004, Amar said, it has become to certify such classes, absent some defective company policy. "And there was none such here."

The parties eventually mediated the case and agreed to stipulate to a class settlement. "The risk for the plaintiff, of course, is that of losing a certification motion," Amar said. "The risk to the defense is that damages would be greater if you go to trial. And if you don't stipulate to certification, another employee could come along and file a similar complaint."

"We settled on favorable terms," Amar said. "BevMo did not admit to any wrongdoing, but we concluded it was best to get this behind us." BevMo has not hired another firm to deal with its employment issues since, Amar said.

"I really like employment litigation," she added. "Unlike [intellectual property] or antitrust, when you are an employment lawyer, there are always new issues. One legal dispute does not end the relationship with the client. I am totally in it for the long haul."

— John Roemer