RickBergstrom

Partner

San Diego + 1.858.314.1118

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Rick Bergstrom is a Fellow of the College of Labor and Employment Lawyers and has been praised by clients for his creative and strategic thinking, focus on client service, and business-minded approach to problem-solving and litigation.

For more than 30 years, Rick has successfully defended clients in class actions, California Private Attorney General Act (PAGA) actions, whistleblower actions, and individual lawsuits involving claims for overtime, misclassification, pay equity, failure to provide meal and rest periods, misappropriation of trade secrets, violation of privacy laws, discrimination, harassment, retaliation, and wrongful termination.

After defeating two motions for class certification, Rick prevailed on an evidentiary motion to strike the remaining PAGA claims on manageability and judicial estoppel grounds. The ruling was affirmed on appeal and was the first PAGA motion to strike affirmed by a California court of appeal in this context. Rick has and is currently litigating numerous putative class actions and PAGA only actions involving a variety of claims under the California Labor Code.

Rick also testified before Congress concerning whistleblower protection laws and the impact of the U.S. Supreme Court's decision in Garcetti v. Ceballos. He lectures to management groups and conducts workshops for corporate counsel regarding compliance with federal and laws. He also develops, reviews, and implements personnel policies for employers.

Rick has been recognized by corporate counsel across the United States among an elite group of standout attorneys as a BTI Client Service All-Star. This award is based solely on recognition by corporate counsel for delivery of excellent client service.

Experience

  • International pharmaceutical company successfully resolves wage and hour class actionJones Day successfully resolved a broad and complex wage and hour class action and Private Attorneys General Act claim filed against an international pharmaceutical company.
  • International technology company successfully resolves wage and hour class and PAGA action on individual basisJones Day successfully resolved a complex wage and hour class and PAGA action filed against an international technology company on an individual basis, which sought reimbursement of business expenses incurred while working from home during the COVID-19 pandemic.
  • Global healthcare company favorably resolves PAGA claim for work from home expenses arising out of COVID-19 pandemicJones Day recently resolved one of the first claims brought for reimbursement of expenses incurred while working from home during the COVID-19 pandemic for a global healthcare company.
  • Micron Technology defeat of putative wage and hour class action affirmed by Idaho Supreme CourtJones Day secured dismissal of a putative class action lawsuit for Micron Technology, Inc. involving claims for allegedly unpaid bonus amounts.
  • California Pizza Kitchen motion to strike Private Attorney General Act claims on manageability and judicial estoppel grounds affirmed on appealOn February 9, 2015, a Los Angeles Superior Court judge granted Jones Day client California Pizza Kitchen, Inc.'s ("CPK") motion to strike plaintiffs' representative Private Attorney General Act ("PAGA") claims.
  • California utility and project management company obtain complete trial victory on whistleblower retaliation claimSix weeks before trial was scheduled to begin, a California utility and a project management company engaged Jones Day to take over the defense of a high exposure and complex whistleblower wrongful termination lawsuit.
  • International materials manufacturer successfully resolves wage and hour class and PAGA actionJones Day successfully resolved a complex wage and hour class and PAGA action filed against an international materials manufacturer.
  • International energy company secures early dismissal in wage and hour class, collective, and PAGA actionJones Day's early and aggressive litigation strategy prompted a voluntarily dismissal of a putative class, collective, and PAGA action filed against an international energy company in California federal court.
  • International materials manufacturer defeats whistleblower actionJones Day secured an early victory for an international materials manufacturer in a high profile whistleblower action.
  • Global cybersecurity company obtains dismissal of misclassification claim under the California Private Attorneys General ActJones Day obtained dismissal of a misclassification claim filed on behalf of all engineers and programmers under the California Private Attorneys General Act.
  • Gig economy company obtains dismissal of putative class action asserting various wage and hour claimsJones Day obtained dismissal of a putative class action claim filed against a gig economy company on behalf of all California hourly employees.
  • International manufacturing company successfully resolves whistleblower actionJones Day successfully resolved a complex whistleblower and disability discrimination action filed against an international manufacturer and distributor of consumer goods.
  • Global payroll company obtains dismissal of wage and hour class action reimbursement claimsJones Day represented a global payroll company in a class action alleging failure to reimburse for necessary business expenditures, failure to pay wages, and failure to pay timely wages upon termination.
  • Global chemical company protects trade secrets, obtains judgment, damages, and attorneys' fees against former employeeJones Day assisted a global chemical company in pursuing claims of trade secret misappropriation and violations of the Computer Fraud and Abuse Act ("CFAA") against a former employee when the company discovered the employee had been systematically downloading decades of its trade secrets and confidential information.
  • AMS and MCS secure dismissal of independent contractor misclassification putative wage-and-hour class action and claims under the Private Attorney General ActJones Day successfully obtained the dismissal of a putative wage-and-hour class action filed against Mortgage Contracting Services, LLC ("MCS") and Asset Management Specialists, LLC ("AMS") challenging their fundamental business practices concerning classification of their service providers as independent contractors.
  • Global payroll company defeats putative class action suit over payroll transaction feesJones Day obtained dismissal of a putative class action case of first impression involving the legality of using pay cards to pay employees for a global payroll company.
  • Global financial services company defends against Private Attorney General Act claimsJones Day represents a global financial services company in a representative action filed under the Private Attorney General Act.
  • Micron Technology defeats putative wage and hour class action and claims under the Private Attorney General Act filed on behalf of all California engineersJones Day represented Micron Technology, Inc. in a putative class action brought on behalf of all individuals performing engineering services in California.
  • Semiconductor manufacturer prevails against breach of contract claimsOn October 13, 2016, Jones Day obtained an arbitration award in favor of our client, a worldwide semiconductor manufacturer ("the Company"), rejecting breach of contract and statutory claims seeking damages in excess of $1,200,000.
  • Global payroll company obtains California Court of Appeal decision affirming dismissal of class action lawsuitThe California Court of Appeal affirmed dismissal secured by Jones Day of all claims against a global payroll company by one of its clients relating to time rounding issues.

    The payroll company was sued in 2014 by its client. The client was earlier sued in a wage and hour class action filed on behalf of its current and former employees for failure to pay all wages due caused by a quarter hour rounding practice. The client settled the class action and pursued the payroll company for the cost of the settlement and attorneys' fees based on breach of contract, negligence and indemnity theories. Jones Day filed a motion for summary judgment, and after 2.5 hours of oral argument, the judge granted our motion and dismissed the claims with prejudice.  The client appealed and the California Court of Appeal affirmed dismissal of all claims on summary judgment in favor of the payroll company.  

  • Technology company prevails on cancer discrimination claimOn December 29, 2016, Jones Day obtained an Arbitration Award in favor of an international technology company, completely rejecting a former employee's claim that she was laid off because she had cancer.
  • Energy company eliminates $2 million in damages and attorney’s fees on appealOn October 21, 2015, Jones Day obtained a ruling by the California Court of Appeal reversing a jury award of $1.3 million dollars in punitive damages, $629,560.88 in attorney’s fees, and $10,000 under the Labor Code Private Attorney General Act for a Fortune 100 energy company.
  • California Pizza Kitchen's defeat of class certification upheld by court of appeals in putative wage and hour class action alleging violations in CaliforniaOn December 30, 2013, the Second Court of Appeals upheld the order denying class certification for Jones Day client California Pizza Kitchen in four putative wage and hour class actions in which Plaintiffs allege multiple violations of the California Labor Code.
  • Rockwell Collins obtains dismissal of putative wage and hour class action filed on behalf of system engineersJones Day was retained to represent Rockwell Collins, Inc. in a case of first impression, and one having far reaching and important implications across the entire defense contracting industry.
  • Morton's successfully defeats class certification in wage and hour class action filed on behalf of hourly employeesJones Day represented Morton's of Chicago/San Diego, Inc., in a putative class action brought by hourly restaurant employees alleging failure to provide meal and rest periods, unpaid overtime, inaccurate wage statements, waiting time penalties, and unfair competition claims.
    • View All

    January 2024 White Paper

    2023 Annual Review: Key U.S. Trade Secret Developments

    December 2023 White Paper

    A Review of 2023 Labor & Employment Legislation in California

    July 2023 White Paper

    AI at Work: Navigating the Legal Landscape of Automated Decision-Making Tools in Employment

    February 2023 Alert

    OFCCP Extends Deadline and Opens Door for New Objections to Disclosure of EEO-1 Data

    January 2023 White Paper

    A Review of 2022 Labor & Employment Legislation in California

    November 2022 Commentary

    More Pay Reporting and Disclosure Obligations on the Horizon for Employers

    June 2022 Commentary

    Supreme Court Upholds Representative Action Waivers In Employee Arbitration Agreements

    May 2022 Alert

    California Supreme Court Authorizes Additional Remedies for Meal Break Violations: Waiting Time and Wage Statement Penalties Now on the Menu

    December 2021 White Paper

    A Review of 2021 Labor & Employment Legislation in California

    July 2021 Alert

    California Supreme Court Concludes "Regular Rate of Pay" Applies When Calculating Meal and Rest Period Penalties
    View All

    Additional Publications

    • June 2019
      Proposed Algorithmic Accountability Act Targets Bias in Artificial Intelligence

    Speaking Engagements

    • November 2, 2022
      Strategies for Complying With Emerging Pay Equity and Pay Transparency Laws, 2022 Annual New York Labor & Employment Law Discussion Group
    • October 22, 2022
      American Employment Law Council: Increased Investor, Shareholder Activism, and ESG
    • January 25, 2022
      Vaccination Mandate Mania and Return to-Work Issues
    • December 14, 2021
      American Employment Law Council: The Great Resignation and Labor Supply Shortage
    • October 14, 2021
      American Employment Law Council: Legal Challenges Relating to Returning Workers
    • January 27, 2021
      Important Legislative Changes to California Labor and Employment Law for 2021
    • October 20, 2020
      American Employment Law Council: LBGTQIAP+ Inclusion in the Workplace — Bostock and the U.S. Supreme Court
    • January 21, 2020
      Labor and Employment Update: Foresight A Look Ahead
    • October 3, 2019
      Independent Contractor Status: The Impact of AB 5
    • January 2019
      Labor and Employment Update: A Look Ahead for California Employers
    • October 11, 2018
      The American Employment Law Council: Trade Secrets and Non-compete Agreements
    • September 27, 2018
      Independent Contractor Status: The Impact of Dynamex
    • January 29, 2018
      Fair Pay and Equity
    • Janaurt 16, 2018
      Labor and Employment Update: A Look Ahead for California Employers
    • October 21, 2017
      The American Employment Law Council: How the Trump Administration is Treating the Gig Economy
    • January 19, 2017
      Labor & Employment Update 2017: A Look Ahead for California Employers
    • June 7, 2016
      "Fair Pay" in California: Pushing the Pay Equity Envelope
    • January 14, 2016
      Labor & Employment Update 2016: A Look Ahead for California Employers
    • January 21, 2015
      Labor & Employment Update 2015: A Look Ahead for California Employers
    • January 22, 2014
      2014 - A Look Ahead For California Employers
    • December 5, 2012
      Obligations and Challenges For California Employers
    • November 18, 2012
      Key Employment Law Developments
    • September 25, 2012
      Workplace Investigations
    • May 23, 2012
      Jones Day Silicon Valley Office Labor & Employment Program
    • February 23, 2012
      Employment Law Trends and Developments
    • January 21, 2011
      Critical Wage and Hour Issues, San Diego Society for Human Resources
    • October 14, 2010
      2010 California Labor & Employment Law Briefing
    • March 16, 2010
      Practical, Legal and Policy Issues Raised by Social Media and The Interactive Internet in The Workplace, University of California San Diego Human Resources Alumni Program
    • March 9, 2010
      Employment Law Update, 2010 Healthcare Labor & Employment Symposium
    • January 28, 2010
      Employee Mobility and Theft of Trade Secrets: Guarding the Crown Jewels in California, Jones Day 2010 MCLE University
    • January 20, 2010
      Wage and Hour Update: Key Liability Issues and Litigation Strategies for 2010, San Diego Society for Human Resource Management (SHRM)'s Law Day
    • January 21, 2009
      Wage & Hour Update & Audit Issues, San Diego Society for Human Resource Management’s 2009 Law Day Conference
    • January 25, 2008
      The 21st Century Workplace: Electronic Communications Devices and the 'New Media', San Diego ACC Chapter’s Fifth Annual General Counsel Roundtable and All Day MCLE
    • January 16, 2008
      The 21st Century Workplace: Electronic Communications Devices and the 'New Media', San Diego Society for Human Resource Management (SHRM)’s Law Day
    • March, June, October 2007
      Art of the Term Sheet, SD Connect
    • July 2007
      Executive Employment Agreement and Compensation, SD Connect
    • January 2007
      Elimination of Bias, Fourth Annual General Counsel Roundtable and All Day MCLE, ACC SD Chapter

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