Richard S. Rosenberg

Richard S. Rosenberg

Richard S. Rosenberg, Partner

Richard began his career as a workplace lawyer in 1977 after obtaining degrees from Cornell University’s School of Industrial & Labor Relations and the Santa Clara University law school. Richard has spent his entire career assisting management defend and risk manage workplace related legal matters and proposed personnel transactions.

His experience in the trenches enables Richard to provide management with a clear-eyed assessment and strategic options. Richard’s style is one which motivates his clients and adversaries to work cooperatively to find creative solutions to the toughest workplace challenges.

His reputation as a formidable opponent and labor law strategist who is both fair and trustworthy has resulted in peers naming him to the list of Southern California Super Lawyers every year since the inception of that honor and a listing in Best Lawyers in America since 2009.

Recognized as one of the state’s leading experts of workplace law, Richard has lectured extensively for bar associations, trade organizations and management groups throughout the United States and has delivered his proprietary workplace law compliance training and dispute prevention seminars to thousands of lawyers, human resources professionals, business executives and management personnel.

Richard has also published over 75 articles and legal commentaries in numerous trade publications and legal journals and is the creator and principal author of the firm’s widely read e-bulletin Compliance Matters.

Richard handles complex employment law transactions and disputes for a nationwide client base including some of the largest and well-known companies in America. In this role, he counsels on employment law strategy and compliance, and litigates workplace legal disputes. In the past 12 months, Richard has represented clients in such diverse matters as:

  • Mediator in several highly contested employment law matters.
  • Labor counsel in NLRB proceedings (Representation Petitions, Unfair Labor Practice Charges, strikes, picketing and hand billing)
  • Creating effective strategy for hotel developers and other business owners confronted with “Labor Peace” ,”Card Check/Neutrality” and other organizing agreements.
  • Labor transactional counsel in asset and stock purchases/sales transactions; WARN Act and other employment law compliance/due diligence audits
  • Defense counsel in federal and state discrimination, harassment and retaliation claims filed with government agencies or in court
  • Defense counsel in high profile wage-hour law individual and collective/class action claims;
  • Strategic claims prevention planning in connection with employer policies and proposed personnel actions (layoffs, plant closures and individual employment terminations);
  • Negotiating and drafting executive employment agreements and other protective human resources agreements and policies;
  • Management training on employment law risk management and dispute avoidance

Court Admissions

United States Courts of Appeals:

  • Ninth Circuit
  • C. Circuit

United States District Courts:

  • Central District of California
  • Southern District of California
  • Northern District of California

B.S., Industrial & Labor Relations, Cornell University (School of Industrial & Labor Relations) (1974)

J.D., cum laude, Santa Clara University Law School (1977)

  • Assistant Editor, Santa Clara Law Review
  • Southern California Super Lawyer Listing (Labor & Employment Law), 2007 to present
  • Top 25 Lawyers. San Fernando Valley Business Journal
  • Best Lawyers in America (Labor & Employment Law), 2007 to present

Favorable Published Decisions

California Court of Appeal

  • Saret-Cook v. Gilbert, Kelly, Crowley & Jennett (1999) 74 Cal. App. 4th 1211 (upholds defense sexual harassment verdict, judgment on cross-complaint and $1 million attorneys’ fees award to employer improperly sued for sex harassment)
  • Bardin v. Lockheed Aeronautical Systems Company (1999) 70 Cal. App. 4th 494 (upholds right of employer to give accurate references)
  • Gosvener v. Coastal Corporation (1996) 51 Cal. App. 4th 805 (established standards for an employer’s reasonable accommodation of alcoholism under Labor Code Section 1025 and the Fair Employment and Housing Act)
  • Kirmse v. Hotel Nikko of San Francisco (1996) 51 Cal. App. 4th 311 (summary judgment upheld; at-will employment)

United States Court of Appeals

  • Venetian Casino Resort LLC v. EEOC, 530 F.3d 925 (D.C. Cir. 2008) (EEOC must give advance notice to employer and follow other requirements of Freedom of Information Act before disclosing employer-submitted confidential information to third parties)
  • Venetian Casino Resort LLC v. EEOC, 409 F.3d 359 (D.C. Cir. 2005): (court held that lawsuit, which challenged EEOC’s regulations on handling employer-submitted confidential information, was “ripe” for judicial review)

National Labor Relations Board General Counsel Decisions

  • Sands Casino Resort Bethlehem, 2012 NLRB GCM Lexis 6 (2012) (NLRB General Counsel dismissed unfair labor practice charge challenging employer’s improved benefits for non-union employees while withholding the improved benefits from newly-organized bargaining unit)

Recent Speaking Engagements

  • Recognizing and Addressing The Abusive Workplace. The Los Angeles County Bar Association (Jan, 2016)
  • Update on CA labor laws for Hoteliers. Los Angeles Hotel Human Resources Association (April, 2015)
  • Working Under the New Los Angeles Hotel Living Wage Law, The Los Angeles Hotel Human Resources Association (December, 2015)
  • New Employment Laws Hotels Need To Know, San Diego Hotel Human Resources Association (August, 2014)
  • Hospitality Industry Union Update, Los Angeles Hotel Human Resources Association (January, 2014)
  • Strategies for Implementing California’s New Paid Sick Leave Law. Presented to various ProVisors group meetings in the San Fernando and San Gabriel Valleys (Jan-June, 2015)
  • Wage and Hour Laws, Advising California Employers and Employees (CEB)
  • Payment of Wages and Overtime, California Wage and Hour Law: Compliance and Litigation (CEB)
  • Applying the Federal Labor-Management Law, Valley Lawyer Magazine (2012)

Recent Published Articles (Full list available upon request)

  • Employment & Labor Law Roundtable, Los Angeles Business Journal, May 2, 2016
  • Principal author and editor of the firm’s Compliance Matters e-Bulletin
  • Employers Labor over New Laws in 2016, Valley Lawyer, February 2, 2016
  • Employment & Labor Law Roundtable, San Fernando Valley Business Journal, January 25, 2016
  • Administration Declares War on Independent Contractors San Fernando Valley Business Journal, September 21, 2015
  • Employment & Labor Law Roundtable, San Fernando Valley Business Journal, January 26, 2015
  • Employment & Labor Law Roundtable, San Fernando Valley Business Journal, June 16, 2014
  • Employers Must Now Furnish All Employees with Written Notice of their Rights under the Affordable Care Act, San Fernando Valley Business Journal, September 30, 2013
  • Brinker Restaurant Corporation v. Superior Court, Valley Lawyer, May 2012
  • Applying the Federal Labor-Management Law: A Primer about the National Labor Relations Act, Valley Lawyer, March 2012
  • U.S. Supreme Court Oks Class Action Waivers in Arbitration, San Fernando Valley Business Journal, June 24, 2011
  • Unpaid Internships: A Trap for the Unwary Employer, San Fernando Valley Business Journal
    September 27 – October 10, 2010
  • Employers Responsible For Employee Online Behavior, San Fernando Valley Business Journal
    June 7 – 20, 2010

Click here for full list