Rafael G. Nendel-Flores

Shareholder Orange County

Rafael G. Nendel-Flores represents employers in complex litigation matters including wage-hour class actions, appellate litigation and employment tax controversies. Rafael’s practice also includes defending employers in discrimination, wrongful termination, unlawful harassment and retaliation lawsuits. He has significant experience representing professional employer organizations, staffing companies and transportation companies. Rafael has particular expertise regarding wage-hour compliance, independent contractor misclassification issues, implementation and enforcement of arbitration agreements, and compliance with the Federal-WARN Act and the California-WARN Act.  

Rafael also devotes a significant portion of his practice to providing employers with preventive counseling including assisting management with harassment investigations, employee discipline, reasonable accommodation/interactive process issues, and wage-hour compliance audits.

Rafael is the Immediate Past President of the Orange County Hispanic Bar Association (OCHBA). Rafael is AV Preeminent Rated by Martindale-Hubbell and was selected for inclusion in the Best Lawyers In America.  Rafael also has been named a "Rising Star" by Southern California Super Lawyers every year since 2011, placing him among the top 2.5 percent of the best employment litigators in Southern California under 40 years of age. Rafael obtained his Bachelor's degree in Political Science from Stanford University in just three years. While in law school, Rafael was Articles Editor for the George Washington Law Review and a Dean's Fellow.


Experience

  • Successfully defeated the California Employment Development Department’s determination that transportation client misclassified a truck driver as an independent contractor.
  • Obtained client's complete dismissal from a 13 plaintiff wage-hour action with no settlement payment from client.
  • Consistently obtained dismissals of Professional Employer Organization clients from wage-hour claims filed with the California Division of Labor Standards Enforcement and California courts.
  • In a putative class action purporting to represent over 1,000 putative class members, obtained a court order compelling the three named plaintiffs to arbitrate their claims on an individual basis only despite the fact that the client did not execute the subject arbitration agreement and the subject arbitration agreement did not contain a class/representative action waiver.
  • In sexual harassment lawsuit against a retail jewelry client containing allegations of rape and sexual assault, obtained evidence that allegations were false and persuaded plaintiff's counsel to dismiss the entire case with no settlement payment from the client.
  • Obtained complete dismissal of breach of contract and unpaid wage claims at pleading stage on behalf of an oil industry client.
  • Obtained Summary Judgment on behalf of manufacturing company in employment lawsuit stemming from "Rent-a-Patient" Scam.
  • Obtained Summary Judgment in class action lawsuit on behalf of nationwide courier company on grounds that company did not employ either the named plaintiffs or the putative class.
  • Represented a nationwide transportation company in a tax refund action and obtained high six figure settlement.

Professional Activities and Speeches

Professional Activities:

  • Orange County Hispanic Bar Association (Immediate Past President)
  • Hispanic National Bar Association
  • Orange County Bar Association
  • Federalist Society
  • American Bar Association

Speeches:

  • Association of Corporate Counsel - Sacramento Chapter - ''Arbitration Agreements: Understanding Class Action Waivers and Other Cutting-Edge Provisions'' - Sacramento - November 20, 2014
  • Ogletree Deakins Seminar - ''Arbitration Agreements in 2014: Drafting, Troubleshooting, and Employee Relations'' - Las Vegas - May 08, 2014
  • Ogletree Deakins Seminar - ''Arbitration Agreements in 2014: Drafting, Troubleshooting, and Employee Relations'' - Las Vegas - May 08, 2014
  • Ogletree Deakins Seminar - ''Defending Common Wage-Hour Claims'' - Orange County - April 10, 2014
  • Ogletree Deakins Seminar - ''There’s Employment Law, and There’s California Employment Law!'' - Napa - March 26, 2014
  • Ogletree Deakins Seminar - ''Managing California Employment Litigation'' - Orange County - February 28, 2014
  • Ogletree Deakins Seminar - ''Emerging Ideas in California Employment Litigation'' - Orange County - October 15, 2013
  • Association of Corporate Counsel - ACCess Program - ''Yours, Mine, Ours? Recognizing Joint Employer and Independent Contractor Issues'' - Torrance and Irvine - June 19, 2013
  • Ogletree Deakins Seminar - ''Is This Person My Employee: Joint Employer and Independent Contractor Misclassification Issues'' - Orange County - April 10, 2013
  • Ogletree Deakins Seminar - ''California Leave Laws - What Is and Isn't Protected Time Off?'' - Napa - March 21, 2013
  • Ogletree Deakins Seminar - ''Independent Contractor Misclassification'' - Las Vegas - March 08, 2013
  • Association of Corporate Counsel - In House Counsel Conference - ''To Be or Not to Be: Independent Contractor or Employee'' - Anaheim - January 16, 2013
  • Ogletree Deakins Seminar - ''Emerging Trends in Discrimination Law'' - Orange County - October 23, 2012
  • Ogletree Deakins Seminar - ''Emerging Trends in Discrimination Law'' - Los Angeles - October 16, 2012
  • Employment Law From A to Z - ''Unemployment Insurance Tax Issues'' - Pasadena - July 13, 2012
  • Employment Law From A to Z - ''Discrimination and Harassment'' - Pasadena - July 13, 2012
  • Employment Law From A to Z - ''Wage-Hour Issues'' - Pasadena - July 13, 2012
  • Unemployment Insurance 101 - ''Unemployment Insurance Tax Issues'' - Pasadena - June 26, 2012
  • Unemployment Insurance 101 - ''Unemployment Insurance Tax Issues'' - Santa Ana - September 20, 2011
  • Employment Law From A to Z - ''Unemployment Insurance Tax Issues'' - Pasadena - July 13, 2011

Published Works

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Media

Media Quotes

June 23, 2014 - Ogletree Deakins - "Iskanian v. CLS Transportation: California Supreme Court Gives Class Action Arbitration Waivers the Green Light"

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