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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

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The State of Employee Status

ADventures in Law

Promotions Trends to Look for in 2025

New Jersey Employers Must Disclose Pay and Benefits Information to Employees and Applicants

Technology from the Top: AI, Data and the Future of Business with Today’s CIOs

Technology from the Top: AI, Data and the Future of Business with Today’s CIOs – Shannon Johnston

Amy represents employers in all aspects of employment-related litigation, including wage and hour class and collective actions, California Labor Code Private Attorneys General Act (PAGA) representative actions, discrimination, retaliation&nbsp;and wrongful termination claims, and misappropriation of trade secrets and non-competition agreement claims. She routinely advises employers on a wide range of employment matters, including wage and hour compliance, leave administration&nbsp;and state and federal WARN compliance.

Amy previously served as a judicial law clerk on the U.S. Court of Appeals for the Eleventh Circuit and as a judicial extern on the U.S. Court of Appeals for the Ninth Circuit and on the U.S. District Court for the Central District of California. Drawing on this prior experience, she is passionate about producing exceptional work product for clients that best positions their arguments before state and federal trial and appellate courts.

Amy has significant experience representing clients in the food and beverage, manufacturing, retail, transportation and third-party logistics and distribution industries. Her practice is national in scope, representing clients in courts throughout the United States, including in California, Maryland, Massachusetts, Mississippi, Washington&nbsp;and Wisconsin.

core/freeform

J.D., Southwestern University School of Law, 2012, 

B.A., Scripps College, 2007, 

<ul>
<li>BTI Client Service Super All-Star (2022)</li>
</ul>

Los Angeles

BakerHostetler Defeats Overtime Claim for Client McLane Foodservice, Inc.

BakerHostetler Offers Six-Part Virtual CLE for In-House Counsel

PAGA Standing Allows a Plaintiff to Have One Foot in a Compelled Individual Arbitration and One Foot in a Representative Court Action

Take the Target Off Your Back: Avoiding Common Wage and Hour Practices That May Lead to Litigation

You Can Contract If You Want To: California Appellate Court Leaves Prop 22 Largely Intact

10th Annual Labor Relations and Employment Law Master Class Series

Out with Some Old and in with a Whole Lotta New: Governor Newsom Signs New Laws That Expand Workplace Protections for California Employees in 2022 and Beyond

Employment Class Action Blog

Smoother Sailing Ahead for PAGA Arbitrability Under Viking River Cruises Decision

Employment Law Spotlight

Massachusetts Supreme Judicial Court Abrogates Employers’ Sole Defense to Automatic Treble Damages Liability for Late Final Wage Payments

Nine BakerHostetler Attorneys Named 2022 BTI Client Service All-Stars

California Takes Aim at Warehouse Distribution Centers in the State With a First-of-Its-Kind Law

Employment Counseling and Training

Commercial Litigation

Employment Litigation and Arbitration

Employment/Wage and Hour Class Actions

Labor and Employment

Wage and Hour Compliance

Appellate and Major Motions

Noncompete and Trade Secrets

Employment Investigations

Contingent Workforce

ERISA Litigation

California Labor and Employment

Reduction in Force (RIF) and Furlough Compliance

Labor and Employment: Hospitality Industry

<ul>
<li>Defending national trucking and logistics company against putative class and PAGA action brought on behalf of California dock workers for alleged rest break, inaccurate wage statement and untimely final wage payment violations.</li>
<li>Defending national casino gaming company against putative class action claims brought under Massachusetts law on behalf of serving staff employees for alleged tip credit violations.</li>
<li>Defending national furniture retailer against putative class action claims based on alleged violations of California minimum wage, overtime, meal and rest period, timely wage payment, wage statement and employee expense reimbursement laws.</li>
<li>Defending largest beauty retailer in the U.S. against three consolidated putative class and PAGA actions brought on behalf of distribution center workers in California for alleged failure to pay all regular and overtime wages, provide compliant meal and rest periods, timely pay wages and provide accurate wage statements.</li>
<li>Defending national grocery distribution and logistics company against two putative class and PAGA actions asserting claims on behalf of warehouse employees and mechanics, respectively, for alleged unpaid wages, inaccurate wage statements, break violations, untimely final wage payments and unreimbursed business expenses under California law.</li>
<li>Defending affiliated national foodservice and grocery distribution and logistics companies in two putative class and PAGA actions alleging violations of California’s employee wage statement and break penalty payment laws.</li>
<li>Defending national third-party logistics and warehousing service provider against claims brought by its former president for alleged breach of employment agreements, unpaid wages and challenges of restrictive covenants.</li>
<li>Defending national casino gaming company against putative class and collective action claims brought under Maryland and federal law on behalf of tipped employees for alleged tip credit violations.</li>
<li>Defending national trucking and logistics company against putative class action brought on behalf of Washington truck drivers for alleged failure to separately pay rest periods and failure to pay minimum wage for all hours worked.</li>
<li>Obtained an order denying class certification in putative class action brought on behalf of truck drivers employed in California by national motor carrier alleging meal break violations, unlawful wage deductions and violations of Fair Credit Reporting Act (FCRA) on grounds that the named plaintiff lacked standing under the FCRA and lacked typicality and adequacy with respect to class members bound by the defendant&#8217;s arbitration agreements and class action waivers, even after the court had found the defendant had waived its right to enforce the named plaintiff’s own arbitration agreement. Ellsworth v. Schneider National Carriers, Inc., 2021 WL 6102514 (C.D. Cal. Oct. 28, 2021).</li>
<li>Defended national casino gaming company against putative class and collective action claims brought under Massachusetts and federal law on behalf of table games and poker dealers for alleged tip credit and employee wage deduction violations.</li>
<li>Obtained an order denying class certification on a motion for reconsideration in two related wage and hour class actions for a leading financial institution, one involving financial center employees and the other involving call center employees, based on findings that there was no evidence of any de facto policies necessitating off-the-clock work or impeding the taking of meal and rest breaks, and that individual issues predominated. The court also denied the plaintiffs’ request for leave to file an amended, consolidated complaint to try to cure their class certification infirmities. Frausto v. Bank of America, N.A., 2021 WL 2476902 (N.D. Cal. June 17, 2021).</li>
<li>Obtained an order dismissing with prejudice at the pleadings stage California state law claims for inaccurate wage statements, waiting time penalties and shared labor contractor liability in a proposed class action against a national third-party logistics client. Parsittie v. Schneider Logistics, Inc. et al., 2020 WL 212003 (C.D. Cal. Apr. 3, 2020), aff’d in part, rev’d in part and remanded &#8212; F. App’x &#8212;, 2021 WL 2365978 (9th Cir. 2021).</li>
<li>Obtained dismissal with prejudice at the pleadings stage of a proposed nationwide FLSA collective action and Rule 23 Wisconsin state law and federal Truth in Leasing Act class action based on alleged misclassification of owner-operator truck drivers used by national motor carrier, finding as a matter of law that the plaintiff and proposed collective and class members were properly classified as independent contractors. Brant v. Schneider National, Inc. et al., E.D. Wisc. Case No. 1:20-cv-01049-WCG, Dkt. #83 (May 20, 2021).</li>
<li>Successfully defeated motion to remand putative class action in action alleging claims for violation of various provisions of the California Labor Code, after which action was compelled to individual arbitration. Vasquez v. RSI Home Products, Inc., 2020 WL 6778772 (C.D. Cal. Nov. 12, 2020).</li>
<li>Successfully compelled to individual arbitration a proposed Rule 23 Cal-WARN and nationwide WARN class action brought against a transportation industry client pursuant to the Nevada choice of law provision in the arbitration policy because, as a truck driver, the named plaintiff was found to be outside the coverage of the Federal Arbitration Act. Romero v. Watkins &amp; Shepard Trucking, Inc. et al., 2020 WL 5775180 (C.D. Cal. July 10, 2020), aff’d &#8212; F. App’x &#8212;, 2021 WL 3675074 (9th Cir. Aug. 19, 2021).</li>
<li>Successfully moved to compel individual arbitration of a proposed Rule 23 wage and hour class action against a building products manufacturer alleging meal and rest period, inaccurate wage statement and final pay violations. Bishop v. Boral Industries, Inc. et al., 2020 WL 4530740 (S.D. Cal. Aug. 6, 2020).</li>
<li>Successfully compelled to individual arbitrations the claims of approximately 100 named and opt-in plaintiffs who alleged they were misclassified as overtime exempt by a retailer in a proposed nationwide FLSA collective action filed in the Southern District of Mississippi. Kidd et al. v. Lowe’s Home Centers, LLC et al., 2020 WL 1493464 (S.D. Miss. March 27, 2020), 2020 WL 9258481 (S.D. Miss. Dec. 2, 2020).</li>
<li>Successfully moved for judgment on the pleadings on the grounds that that judicial estoppel barred the plaintiff from bringing her state law discrimination claims against the defendant because she failed to list them in her intervening bankruptcy petition and did not amend her disclosure statements or schedules during the pendency of the bankruptcy proceedings. Mamlouk v. Schneider Logistics Transloading &amp; Distribution, Inc., 2020 WL 1244365 (C.D. Cal. Mar. 16, 2020).</li>
<li>Obtained an order dismissing with prejudice at the pleadings stage a proposed Rule 23 class action alleging claims for minimum wage, overtime pay, meal and rest period, inaccurate wage statement, final pay and unreimbursed business expenses violations. Sherman v. Schneider National Carriers, Inc., et al., 2019 WL 8160687 (C.D. Cal. Sept. 5, 2019).</li>
<li>Successfully moved to compel individual arbitration of a proposed Rule 23 wage and hour class action, after twice moving to dismiss plaintiff’s complaints and obtaining dismissal of plaintiff’s meal and rest break and wage statement claims with prejudice, with the court rejecting the plaintiff’s contention that such litigation conduct constituted a waiver of the employer’s right to compel arbitration. Guerrero v. Haliburton Energy Services, Inc., 2018 WL 3615840 (E.D. Cal. July 26, 2018).</li>
<li>Successfully moved to dismiss on forum non conveniens grounds, based on a Wisconsin forum selection provision, a putative Rule 23 class action brought against a national motor carrier for California state law wage and hour claims based on alleged independent contractor misclassification of truck drivers, and ultimately obtained ruling in Wisconsin state court enforcing the Wisconsin choice of law provision that effectively mooted all of the plaintiff’s claims. Robles v. Schneider National Carriers, Inc. et al., 2017 WL 8232083 (C.D. Cal. Dec. 11, 2017).</li>
<li>Successfully moved to dismiss with prejudice for lack of personal jurisdiction wrongful termination and fraudulent inducement action brought by a U.S. national employed in Singapore by international maritime port terminal operator. Gordon v. APM Terminals North America, Inc., 2017 WL 3838092 (N.D. Cal. Sept. 1, 2017).</li>
</ul>

Amy E. Beverlin

Amy E. Beverlin

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