Jeffrey P. Fuchsman

Jeffrey P. Fuchsman

Jeffrey P. Fuchsman, Partner

Jeffrey represents employers in a wide range of labor and employment matters, and related litigation, including individual and class action wage and hour lawsuits, wrongful termination, discrimination, and sexual harassment cases. He has appeared in state and federal courts throughout California, and has argued cases before the California Court of Appeal and the U.S. Court of Appeals for the Ninth Circuit. Jeffrey has particular expertise defending employers in wage and hour class actions. He was co-counsel for the employer in a landmark case before the California Supreme Court on constructive discharge, Turner v. Anheuser-Busch, Inc. (1994) 7 Cal. 4th 1238.

Jeffrey also represented the employer before the California Court of Appeal in AHMC Healthcare, Inc. v. Superior Court (2018) 24 Cal. App. 5th 1014, an important case upholding an employer’s time clock rounding policy.

He counsels companies on day-to-day employment law issues, including wage and hour, family and medical leave, drug testing, investigations, employee discipline, and terminations. He has also lectured and authored articles on various labor and employment law topics, including mandatory arbitration, wage and hour compliance, punitive damages, social networking, and discrimination.

Jeffrey has been practicing labor and employment law since 1982. For the first six years of his practice, he worked in San Diego representing labor unions and individual employees. He joined the firm in 1988, and became a partner in 1991.

Jeffrey represents employers in individual and class action litigation, and provides day-to-day advice and counseling on employment law compliance. Recent examples of Jeffrey’s accomplishments are:

  • Defeated class certification of a wage and hour class action;
  • Obtained defense verdict for employer in overtime exemption trial;
  • Successfully compelled arbitration of individual claims and obtained dismissals of class allegations;
  • Successfully defended employer on an unfair labor practice charge filed with the NLRB over the validity of class action waiver in an arbitration agreement;
  • Negotiated numerous favorable class action settlements in cases involving meal and rest breaks, tip sharing, overtime, minimum wages, regular rate, time clock rounding, and PAGA claims;
  • Obtained summary judgments for employer in discrimination and wrongful termination cases;
  • Negotiated favorable settlements in cases involving sex harassment, discrimination, and wrongful termination claims; and
  • Advised employers on wage and hour compliance.

Court Admissions

United States Courts of Appeals:

  • Ninth Circuit
  • D.C. Circuit

United States District Courts:

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

B.S., Economics, cum laude, State University of New York at Albany (1979)

J.D., University of San Diego School of Law (1982)

  • Southern California Super Lawyer (Labor & Employment Law)
  • “Top Attorney” – Employment Law Pasadena Magazine (2015)

California Supreme Court

  • Turner v. Anheuser-Busch, Inc. (1994) 7 Cal. 4th 1238 (leading case on constructive discharge)

California Court of Appeal

  • AHMC Healthcare, Inc. v. Superior Court (2018) 24 Cal. App. 5th 1014 (upholds employer time clock rounding policy)

National Labor Relations Board

  • Haynes Building Services, LLP, 2014 NLRB Lexis 94 (2014) (ALJ held that employer lawfully sought to compel arbitration of employee’s putative class action lawsuit based on employee’s prior agreement to arbitrate)

Speaking Engagements

  • Recent Developments in Wage and Hour Class Actions, Pasadena Bar Association (April 2015)
  • Wage and Hour Class Actions and Compliance Webinar, Bridgestone Continuing Education (March 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)