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Aug. 7, 2024

Heather M. Sager

See more on Heather M. Sager


Perkins Coie • San Francisco


Heather Sager describes her practice as comprising a dichotomy. She represents employers in "very big-ticket litigation work," including wage-and-hour class actions, PAGA matters and single-plaintiff cases. In addition, Sager represents employers in union election campaigns and in collective bargaining.


"I love the dichotomy," she said. "It's a nice mental and strategic break to be able to do the traditional labor work, which exercises a different part of your brain. ... It keeps me on my toes and keeps me sharp."


On the labor side of her practice, she negotiated the first-ever collective bargaining agreement for cannabis delivery drivers. She is a member of Perkins Coie's cannabis team and regularly represents the Kind Center company and its dispensaries and other enterprises.


Earlier this year, Sager advised an Oregon company when a union sought to represent its workers across the state. "We handled the entire communication strategy, the outreach strategy, all the board filings," she said.


Not only did the company win the election, but the union never filed an unfair labor practice with the NLRB throughout the campaign. "It's quite unusual. I don't think I've ever worked on a campaign where we didn't draw at least one."


Litigation makes up about half to two-thirds of Sager's practice, she said. Earlier this summer, she won a summary judgment in a wrongful termination case against frequent client Amerit Fleet Solutions. She said the company offered a settlement before the lawsuit was filed, which the plaintiff rejected. With the summary judgment, "we got a complete dismissal, and we'll be seeking costs against them." Olivas v. Amerit Fleet Solutions Inc., 30-2022-01276928 (O.C. Super. Ct., filed Aug. 23, 2022).


"I'm proud to say that I'm three for three in the last three summary judgment motions I've filed in California," she said.


Over the last year, Sager also defeated a union organizing campaign for Amerit, resolved a nationwide class action and PAGA matter against it, led some management training and currently is overseeing due diligence for possible acquisitions and investments.


Sager went to law school to become a sports lawyer, which led her into traditional labor work. Much of her sports law practice now is behind the scenes, she said, such as "helping leagues with COVID-19-related protocols or helping agents with different representation deals for their clients." She also advises on name, image and likeness issues and on noncompete provisions, among other issues.


She provides similar advice to clients in the gaming and luxury retail industries as well.


"Our clients are happier to talk to me when I'm keeping them out of trouble versus getting them out of trouble," Sager said. "That type of practical business advice [is] a real cornerstone of my practice, and it's something the clients that I work with have commented on favorably."


She also gave credit to her colleagues. "It's a collaborative effort and although I lead the group, I can't do what I do without them."


-- Don DeBenedictis


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