RickBergstrom

Partner

(T) 1.858.314.1118

Rick Bergstrom 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 client service exceeding all others.

Rick has been praised for his creative and strategic thinking and business-minded approach to problem-solving and litigation. For more than 25 years he has successfully represented clients in representative actions under the California Private Attorney General Act (PAGA), class actions, and individual lawsuits involving claims for overtime, misclassification, pay equity, failure to provide meal and rest periods, unfair competition, misappropriation of trade secrets, violation of the Consumer Legal Remedies Act, discrimination, harassment, retaliation, wrongful termination, fraud, and defamation.

After defeating two motions for class certification, Rick recently 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 litigated and is currently litigating several PAGA only actions involving a variety of claims under the California Labor Code.

Rick also testified before Congress concerning 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 California and federal laws. He also develops, reviews, and implements personnel policies for local, national, and international companies.

Experience

  • 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.
  • 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.
  • 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.
  • 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 restraining order against former employeeJones Day assisted a global chemical company in pursuing claims of trade secret misappropriation against a former employee when the company discovered the employee had been systematically downloading decades of its trade secrets and confidential information.
  • Global payroll company defends against Private Attorney General Act claimsJones Day represents a global payroll company in an action involving claims under the Private Attorney General Act.
  • 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.
  • 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.
  • 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.
  • Speaking Engagements

    • 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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