Trial Experience and Employment Defense:
Hardy routinely coordinates and manages substantial employment litigation dockets for clients, and has defended hundreds of employment claims brought under statutory or common law. These matters include harassment, discrimination, retaliation, whistleblower and wrongful termination claims, claims for related torts, such as assault, battery, and claims of unfair competition. Hardy has also conducted trials of these claims before courts, where he has obtained defense verdicts for employers. Prior to trial, Hardy has also obtained dismissals of complaints against employers through dispositive motion practice, including summary judgment.
Wage and Hour and Class Action Defense:
In the wage and hour context, Hardy has defended numerous employers in large scale, complex wage and hour class actions brought under California and federal law, including claims for violation of California’s Private Attorney General Act (PAGA). In these employment and wage and hour cases, Hardy has successfully removed cases under the Class Action Fairness Act (CAFA), and has also obtained dismissals, summary judgments, and defeated class certification motions. Hardy’s representative experience includes, by way of just one example, leading the defense of a team that obtained summary judgment on plaintiffs’ claims and defeated plaintiffs’ class certification motion in Bucklin, et al., v. American Zurich Insurance Company, United States District Court for the Central District of California, Case No. 2:11-CV-05519-SVW-MRW. Notably, the potential exposure in the Bucklin case was estimated to be in the mid-eight figures.
Hardy also represents employers at the appellate stage, having briefed and argued before the Ninth Circuit Court of Appeals, including in the Sun Sun Lin v. Mellon Long Term Disability Plan matter, Ninth Circuit Case No. 09-55434.
He leads internal investigations of critical, and often sensitive and high profile, issues for firm clients. These include investigations of complex matters involving claims of pattern/practice discrimination, systemic inequity in workplace practices, executive misconduct, sexual assault, and unconscious bias. Hardy has assisted clients in various industries with organizational and cultural impact assessments, mitigating brand-altering crisis and developing strategic action plans based on investigative findings. He also trains HR personnel on best practices for handling investigations.
Advice and Counseling:
In addition to litigation and wage and hour defense, Hardy regularly advises employers regarding their compliance with federal and state labor and employment and wage and hour laws, including exempt and nonexempt classifications, leaves of absence, employee benefits, personnel policies, occupational safety and health matters, independent contractor relationships, compensation, severance, discipline, restrictive covenants, and single or mass layoffs, terminations and reductions-in-force. He also assists employers with workplace investigations regarding personnel matters. As for preventative measure, Hardy provides management training regarding all aspects of labor and employment and wage and hour laws, and frequently speaks on these subjects at seminars.
Hardy provides practical solutions whenever he advises employers, and truly enjoys practicing labor and employment and wage and hour law.
Hardy regularly speaks on various litigation and wage and hour topics, including at the annual Workplace Strategies seminar presented by Ogletree Deakins. In presented these topics, Hardy delivers information in an engaging and interactive manner such that clients leave the presentations with applicable and useful solutions to all types of workplace issues.