Meyers Nave • San Diego
Nadia Bermudez is a principal in Meyers Nave's labor and employment practice group and has worked in the field for the past 20 years. Her scope of working with employers includes court venues, but also assisting clients proactively, ensuring compliance with wage, hour and employment regulations.
"One of my mentors is Janice Brown, who I first worked for early in my career and then rejoined her firm later in my career," Bermudez said. "The biggest lesson she taught me was to follow my instincts, which had already gotten me pretty far in life. From a modeling perspective, she showed me how to be thoughtful and direct in communications."
A recent successful defense in a jury trial of a wage and hour dispute, where she secured a verdict in favor of her client. Understanding the high stakes involved in employment trials, Bermudez's approach combines common sense with a measure of grace for employers, leading to favorable outcomes.
"Again, because even a small defense loss can equate to a substantial fee award, employers often feel cynical about the legal system," she said. "As such, trials bring risk -- in this case, the risk was borne by the plaintiff, who recovered nothing."
Currently, Bermudez is also handling several high-profile cases, including two against the San Diego Metropolitan Transit System. The first involves a sexual harassment claim filed against MTS and its former Board Chair, while the second is a retaliation claim by MTS's current Chief Information Officer. Both cases are in the discovery phase.
In a separate matter, Bermudez demonstrated her legal acumen by securing a rare decision under the Private Attorneys General Act that favored employers. Hargrove v. Legacy Healthcare, Inc. 80 Cal.App.5th 782 (June 9, 2022).
She was the lead counsel in this case, which presented unique issues regarding the substitution of the lead plaintiff after their passing during the discovery stage. Bermudez successfully opposed the motion to amend the complaint, leading to a trial court decision that PAGA plaintiffs cannot be substituted if administrative remedies have not been exhausted and if the substitute plaintiff's claims do not align with those of the original plaintiff. This decision was affirmed and published by the appellate court.
Commenting on the recent PAGA reforms, Bermudez said they may provide some relief in the future.
"However, California continues to be very challenging from a compliance perspective for employers," she said. "With additions to the Labor and Government Codes each year, California becomes an influencer for some other states to adopt similar new labor laws."
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