Sheppard MullinOf Counsel

Thomas Roy Kaufman

About Thomas Roy Kaufman

Thomas Roy Kaufman is a lawyer practicing labor and employment, labor and employment litigation, discrimination, harassment, and retaliation and 8 other areas of law. Thomas has been licensed for 31 years. Thomas practices at Sheppard Mullin in Los Angeles, CA.

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Services

Areas of Law

  • Labor and Employment 1
    • Wrongful Termination
  • Other 9
    • Labor and Employment Litigation
    • Discrimination, Harassment, and Retaliation
    • Wage and Hour Class Actions
    • Healthcare
    • Entertainment, Technology and Advertising
    • Financial Services
    • Hospitality
    • Mortgage Banking
    • Retail, Fashion & Beauty

Practice Details

  • Firm Information
    Position
    Of Counsel
    Firm Name
    Sheppard Mullin
  • Representative Cases & Transactions
    Cases
    Experience: Notable Class Action Experience: Taylor v. Cox Communications, Inc., 776 Fed. Appx. 544 (9th Cir. 2019) (affirming 283 F. Supp. 2d 881 (C.D. Cal. 2017) (federal court adopting same rule that employers not required to pay for time on voluntary commute in company vehicle).
    Hern
    ez v. Pacific Bell Telephone Co., 29 Cal. App. 5th 131 (2018). Established rule that employers are not required to pay employees for time spent commuting in company vehicle where employees had option to commute in personal transportation.
    Ibarra v. Manheim Investments, Inc., 775 F.3d 1193 (9th Cir. 2015). Reversed district court order rem
    ing case
    established more employer-friendly test for removing cases to federal court under the Class Action Fairness Act.
    Jong v. Kaiser Foundation Health Plan, 226 Cal. App. 4th 391 (2014). Affirming summary judgment in off-the-clock case
    establishing that California follows federal st
    ard for when off-the-clock work is compensable.
    Vinole v. Countrywide Home Loans, Inc., 571 F.3d 935 (9th Cir. 2009) (affirming 246 F.R.D. 637 (S.D. Cal. 2007)). Motion to deny class certification granted as to purported class of several thous
    Home Loan Consultants. Disapproved line of anti-employer class certification decisions.
    Louie v. McCormick & Schmick Restaurant Corp ., 460 F. Supp. 2d 1153 (2006). Obtained dismissal in tip-pooling class action that established the proposition that it is lawful to compel waitstaff to share tips with restaurant bartenders.
    Steinhebel v. Los Angeles Times Communications, LLC, 126 Cal.App.4th 696 (2005). Obtained summary judgment in $7 million class action alleging that defendant unlawfully charged back commissions it had previously advanced to its telesales employees for new subscription sales when those subscriptions were canceled in the first 28 days. Argued case on appeal, resulting in published affirmance of summary judgment.
    Notable Trial Experience: Ayala v. Manheim Investments, Inc., 16-cv-06341-CJC-AS (USDC C.D. Cal.). Won age discrimination jury trial against Shegerian & Associates
    unanimous defense verdict after only 90 minutes of deliberation.
    Garcia v. Stericycle, Inc., BC367878 (Los Angeles Superior Court). One-week jury trial in downtown Los Angeles on claims for disability discrimination, failure to accommodate
    whistleblower retaliation. After only 90 minutes of deliberation, obtained a defense verdict on all counts.
    Brown
    Morones v. Prospect Mortgage, JAMS No. 1200050840. Two-plaintiff race harassment case from African-American
    Hispanic Loan Originators where supervisor admittedly used racially insensitive nicknames. Before former plaintiff's lawyer arbitrator, obtained complete defense ruling following 5-day arbitration.
    Friedman v. Symantec Corp., BC367878 (Los Angeles Superior Court). Two-week jury trial in downtown Los Angeles for fraud, breach of contract
    failure to pay wages to high-paid salesperson. After less than two hours of deliberation, unanimous jury awarded complete defense verdict.
    Sosa v. Southern California Permanente Medical Group, 03-CC-14786 (Orange County Superior Court). Three week jury trial in the Orange County Superior Court. Allegations of failure to promote on account of age
    gender discrimination. After less than one hour of deliberation, unanimous jury awarded complete defense verdict.
    Moultrup v. The Staubach Co., BC281068 (Los Angeles Superior Court). Began as a ten-day jury trial in the Los Angeles Superior Court. Allegations of breach of executive employment contract
    fraud. Five days into the trial, Plaintiff agreed to dismiss his case in exchange for a waiver of costs.
    Whelan v. LSG Sky Chefs, Inc., 03-cv-1016 (USDC C.D. Cal.). Five-day jury trial in the Santa Ana federal court. Allegations of fraudulent misrepresentations concerning eligibility of employee to retire. After less than one day of deliberation, unanimous jury awarded complete defense verdict.
    Wage
    Hour Class
    Collective Action Experience: Acuity Br
    s Lighting adv. DeLaTorre, CIVDS1601800 (San Bernardino Superior Court) (failure to provide meal
    rest periods, failure to include bonus in regular rate, time rounding).
    Advantage Services adv. Ramirez, BC368131 (Los Angeles Superior Court) (improper deductions from temporary employee's to cover cost of safety belts
    meal period violations).
    American Restaurant Group adv. Farmer, BC349068 (Los Angeles Superior Court) (tip-pooling distribution from servers to bartenders).
    American Restaurant Group adv. Walker, 106CV070418 (Santa Clara Superior Court) (failure to provide meal
    rest breaks to servers).
    ARAMARK Uniform & Career Apparel, Inc. adv. Austin, 02-CC-105 (Orange County Superior Court) (deductions taken from checks of route salesmen who failed to collect from customers).
    ARAMARK Uniform & Career Apparel, Inc. adv. Dufour/Page, 04CV21852 (Santa Clara Superior Court) (failure to provide m
    atory meal
    rest breaks to driver salespersons).
    Autotrader.com adv. Carter, BC357958 (Los Angeles Superior Court) (failure to reimburse expenses
    unlawful chargeback of commission wages).
    AT&T Services, Inc. adv. Walton, 15-cv-03653 (USDC N.D. Cal.) (exempt misclassification of training instructors
    designers).
    Balboa Life & Casualty adv. E. Zamora, BC360026 (Los Angeles Superior Court) (failure to provide accurate wage statements to non-exempt employees).
    Bank of America adv. Pittman, 08-cv-006588 (USDC C.D. Cal.) (failure to maintain proper meal
    time records on contract employees).
    Baxter Healthcare Corporation adv. Sayaman, 10-cv-1049 (USDC C.D. Cal.) (exempt misclassification of Quality Laboratory Associates).
    Bose Corporation adv. Logan, BC418158 (Los Angeles Superior Court) (off-the-clock work for non-exempt employees in retail stores).
    Cenveo Corporation adv. Negrete, BC468072 (Los Angeles Superior Court) (unlawful rounding
    failure to provide lawful meal periods to publishing plant employees).
    Charter Communications adv. Au, BC615210 (Los Angeles Superior Court) (seeking to hold cable company liable for subcontractor's alleged meal
    rest period
    off the clock violations toward its employees).
    Charter Communications adv. Novoa, 13-cv-01302 (USDC E.D. Cal.) (alleged off-the-clock work for field technicians).
    Countrywide Financial Corp. adv. Arpajian, BC392136 (Los Angeles Superior Court) (waiting time penalties for failure to provide timely final paychecks to terminating employees).
    Countrywide Financial Corp. adv. Daly, 06-cv-05145 (USDC C.D. Cal.) (exempt misclassification of branch
    call center subprime loan originators).
    Countrywide Financial Corp. adv. Lew, 08-cv-01993 (USDC N.D. Cal.) (failure to provide meal
    rest periods to non-exempt loan processor employees).
    Countrywide Financial Corp. adv. R. Zamora, BC351127 (Los Angeles Superior Court) (challenging provisions of Account Executive comp plan as unlawful forfeitures of wages).
    Countrywide Home Loans adv. Cheenan, BC346411 (Los Angeles Superior Court) (waiting time penalties for temp agency's failure to provide final check on last day of temp assignment).
    Countrywide Home Loans adv. Chin, RG08404332 (Alameda Superior Court) (misclassification of sales managers
    branch loan originators, collateral Labor Code claims).
    Countrywide Home Loans adv. Reveles, BC366011 (Los Angeles Superior Court) (off-the-clock work
    failure to provide meal
    rest breaks to non-exempt loan specialists).
    Countrywide Home Loans adv. Rounsavall, BC362453 (Los Angeles Superior Court) (misclassification of loan underwriters).
    Countrywide Home Loans adv. Urso, CA5-705-08-01 (AAA Arbitration) (misclassification of branch-based A-paper mortgage loan originators as outside salespersons).
    Countrywide Home Loans adv. Vinole, GIC-874405 (San Diego Superior Court) (misclassification of branch-based A-paper mortgage loan originators as outside salespersons).
    Countrywide Home Loans adv. Wallace, 08-cv-01463 (USDC C.D. Cal.) (misclassification of account executives
    alleged fraud in carrying out voluntary back pay program in connection with reclassification of job to non-exempt status).
    Countrywide Insurance Services adv. Tollefson, 56-2008-00332381 (Ventura Superior Court) (failure to provide meal periods
    defective wage statements for non-exempt employees).
    Countrywide Securities Corp. adv. Cota, BC388005 (Los Angeles Superior Court) (exempt status of software developers at Countrywide).
    Cox Automotive adv. Kelter, 30-2019-01107264 (Orange Superior Court) (alleged unlawful rounding
    unpaid time waiting in security line).
    Cox Automotive adv. Cresci, 20STCV22982 (Los Angeles Superior Court) (alleged failure to reimburse expenses for remote workers).
    Cox Auto Trader, Inc. adv. Byrd, CGC 07-463062 (San Francisco Superior Court) (failure to reimburse mileage
    cell phones for outside salespersons).
    Cox Auto Trader, Inc. adv. Montelongo, CGC 08-483561 (San Francisco Superior Court) (unlawful vacation pay forfeiture, failure to reimburse expenses,
    waiting time penalties).
    Cox Communications adv. Amiri, 30-2016-00835723 (Orange County Superior Court) (alleged failure to pay wages properly for on call time).
    Cox Communications adv. Camia, 30-2012-00564626 (Orange County Superior Court) (off-the-clock work for non-exempt cable company field technicians).
    Cox Communications adv. Castillo, 10-cv-1622 (USDC S.D. Cal.) (off-the-clock work, meal periods, reimbursement for equipment expenses,
    allegedly unlawful vacation policy).
    Cox Communications adv. Davis, 37-2015-00031791 (San Diego Superior Court) (alleged failure to provide meal
    rest periods to non-field technical workers).
    Cox Communications, Inc. adv. Feltz, 19-cv-02002 (USDC C.D. Cal.) (unlawful rounding
    failure to provide second meal periods to field technicians).
    Cox Communications, Inc. adv. Khaski, 37-2017-00007573 (San Diego Superior Court) (off-the-clock work
    failure to provide meal
    rest periods to fiber technicians).
    Cox Communications adv. Lassiter, 37-2008-00084510 (San Diego Superior Court) (denial of meal
    rest periods
    wage statement violations as to non-exempt field service representatives).
    Cox Communications adv. Taylor, 16-cv-01915 (USDC C.D. Cal.) (seeking to force cable company to pay employees who bring their work vehicles home at night for time spent driving the vehicle home at the end of the workday).
    Cox Target Media, Inc. adv. Mitchiner, 19STCV00319 (Los Angeles Superior Court) (failure to reimburse expenses to outside salespersons).
    Cross Country TravCorps adv. Cossack, 03-CC-406 (Orange County Superior Court) (miscalculation of overtime rate, failure to provide statutory meal periods,
    waiting time penalties).
    Cross Country TravCorps adv. Kidd, BC410547 (Los Angeles Superior Court) (miscalculation of overtime rate
    failure to provide meal periods).
    Dominion Distribution Services adv. Cortez, BC397208 (Los Angeles Superior Court) (failure to properly calculate overtime, failure to reimburse expenses, defective wage statements).
    DS Waters adv. Alex
    er, 09-cv-03384 (USDC C.D. Cal.) (failure to provide meal periods
    alleged off-the-clock work for route drivers).
    E*TRADE Securities, Inc. adv. Simpson, 07-cv-00156 (USDC C.D. Cal.) (exempt misclassification of relationship manager financial advisors).
    Flextronics International USA, Inc. adv. Khan, 109CV152574 (Santa Clara Superior Court) (PAGA-only action alleging exempt misclassification of various IT employees).
    Fluor Enterprises, Inc. adv. Ward, 11-cv-00467 (USDC C.D. Cal.) (misclassification due to alleged failure to pay salary basis to otherwise exempt project controls employees).
    Follett Corp. adv. Hinman, 03-CC-6456 (Orange County Superior Court) (reimbursement of travel expenses of California-based sales employees).
    GM Financial adv. Nemeth, 12-cv-02761 (USDC C.D. Cal.) (alleged misclassification of auto finance company credit analysts).
    HomeServices Lending adv. Buchanan, 11-cv-00922 (USDC S.D. Cal.) (deductions for business losses
    expense reimbursement for HMCs of Wells Fargo joint venture).
    HomeServices Lending adv. DeBlanco, 11-cv-08254 (USDC C.D. Cal.) (misclassification of Home Mortgage Consultants for Wells Fargo joint venture).
    Kaiser Foundation Health Plan adv. Allen, BC328121 (Los Angeles Superior Court) (failure to provide accurate wage statements or calculate regular rate for non-exempt employees).
    Kaiser Foundation Health Plan adv. Andino, RG11580548 (Alameda Superior Court) (challenge to time rounding practices
    to pay practices involving shifts spanning two designated workdays ).
    Kaiser Foundation Health Plan adv. Batin, RG05236181 (Alameda Superior Court) (exempt misclassification of staff
    project specialists).
    Kaiser Foundation Health Plan adv. Beauchamp, RG07307245 (Alameda Superior Court) (misclassification of IT employees in Operations
    Systems Programmer job families).
    Kaiser Foundation Health Plan adv. Brown, BC489643 (Los Angeles Superior Court) (alleged failure to include non-discretionary bonus payments in the regular rate of pay).
    Kaiser Foundation Health Plan adv. Calhoun, CGC 10-501257 (San Francisco Superior Court) (failure to pay retention bonuses to HealthConnect employees at layoff).
    Kaiser Foundation Health Plan adv. Cervantes, RG06254835 (Alameda Superior Court) (waiting time penalties for alleged policy to delay in paying all employees' final paychecks).
    Kaiser Foundation Health Plan adv. Clark, RG13692780 (Alameda Superior Court) (failure to pay for daily overtime where more than eight hours worked in one calendar day but on different work-shifts).
    Kaiser Foundation Health Plan adv. Coleman-Williams, 13-cv-0998 (USDC N.D. Cal.) (alleged exempt misclassification of insurance account managers).
    Kaiser Foundation Health Plan adv. Gonzalez, BC492725 (Los Angeles Superior Court) (alleged off-the-clock work by home health
    palliative care employees who work in patient homes).
    Kaiser Foundation Health Plan adv. Hardesty, 37-2013-00044819 (San Diego Superior Court) (exempt misclassification of pharmacy project managers).
    Kaiser Foundation Health Plan, et al. adv. Holliman, RG05247858 (Alameda Superior Court) (miscalculation of overtime rate for all unionized, non-exempt employees).
    Kaiser Foundation Health Plan adv. Johnson, BC335531 (Los Angeles Superior Court) (exempt misclassification of software testers).
    Kaiser Foundation Health Plan adv. Jones, RG07332538 (Alameda Superior Court) (seeking waiting time penalties for failure to pay timely final paychecks to on-call employees).
    Kaiser Foundation Health Plan adv. Jong, RG12613328 (Alameda Superior Court) (off-the-clock work for pharmacy managers following their reclassification to non-exempt status).
    Kaiser Foundation Health Plan adv. Lazar, 114CV273289 (Santa Clara Superior Court) (exempt misclassification of account managers).
    Kaiser Foundation Health Plan adv. Lemmons, 34-2012-00125488 (Sacramento Superior Court) (failure to pay for alleged controlled-st
    by time for site support specialists).
    Kaiser Foundation Health Plan adv. Lopez, RG07305405 (Alameda Superior Court) (exempt misclassification of outpatient pharmacy managers).
    Kaiser Foundation Health Plan, et al. adv. Louie, 08-cv-0795 (USDC S.D. Cal.) (exempt status of Site Support Specialists on KP HealthConnect project).
    Kaiser Foundation Health Plan adv. Louie, 10-cv-670 (USDC C.D. Cal.) (lawfulness of on-duty meal period for graveyard shift hospital pharmacists).
    Kaiser Foundation Health Plan adv. Lucero, 37-2012-00084091 (San Diego Superior Court) (alleged misclassification of KP-IT business consultants).
    Kaiser Foundation Health Plan adv. Lusso, RG11593080 (Alameda Superior Court) (exempt misclassification of IT employees with Solutions Consultant job title).
    Kaiser Foundation Health Plan adv. Magistrado, BC362677 (Los Angeles Superior Court) (exempt misclassification of health plan underwriters).
    Kaiser Foundation Health Plan adv. Maricich, 10-cv-1375 (USDC S.D. Cal.) (exempt misclassification of administrative services supervisors).
    Kaiser Foundation Health Plan adv. Martel, 12-cv-0350 (USDC C.D. Cal.) (alleged misclassification of appointment center supervisors).
    Kaiser Foundation Health Plan adv. Martin, et al., BC395992 (Los Angeles Superior Court) (exempt misclassification of nurse case managers).
    Kaiser Foundation Health Plan, et al. adv. Mike, 08-cv-05374 (USDC N.D. Cal.) (exempt misclassification of IT Project Managers).
    Kaiser Foundation Health Plan adv. Miles, BC343535 (
    related cases) (Los Angeles Superior Court) (exempt misclassification of IT desktop support employees).
    Kaiser Foundation Health Plan adv. Okura, BC337100 (Los Angeles Superior Court) (exempt misclassification of pharmacy managers).
    Kaiser Foundation Health Plan adv. Pasquale, 08-cv-00785 (USDC S.D. Cal.) (misclassification of Application Coordinators).
    Kaiser Foundation Health Plan, et al. adv. Ramsey, BC368605 (Los Angeles Superior Court) (exempt misclassification of utilization analysts
    emergency room coordinators).
    Kaiser Foundation Health Plan adv. Santos, RG06300551 (Alameda Superior Court) (exempt misclassification of IT network telephony
    operations employees).
    Kaiser Foundation Health Plan adv. Scott, RG11582019 (Alameda Superior Court) (reimbursement of uniform expenses for hospital employees
    meal period practices for patient mobility coordinators).
    Kaiser Foundation Health Plan adv. Small, 37-2011-00099011 (San Diego Superior Court) (exempt misclassification of Network Telephony leads).
    Kaiser Foundation Health Plan adv. Smith, 08-cv-02353 (USDC S.D. Cal.) (exempt misclassification of Senior Business Application Coordinators
    KP HealthConnect Analysts
    Senior Analysts).
    Kaiser Foundation Health Plan adv. Stringer, RG07349734 (Alameda Superior Court) (exempt misclassification of Business Application Coordinators on KP HealthConnect project).
    Kaiser Foundation Health Plan adv. Tate, RG07318416 (Alameda Superior Court) (failure to pay overtime
    provide meal
    rest periods to recruiters).
    Kaiser Foundation Health Plan adv. Verma, 00303869 (Orange County Superior Court) (exempt misclassification of Assistant Dept. Administrators involved in nurse education).
    Kaiser Foundation Health Plan adv. Yam, RG10498319 (Alameda Superior Court) (exempt misclassification of IT employees working as Desktop Support Leads).
    Kiewit Pacific Co. adv. Burnside, 04-cv-1745 (USDC S.D. Cal.) (failure to pay wages for travel time on company van).
    Lawrence Service Company adv. Green, 12-cv-06155 (USDC C.D. Cal.) (off-the-clock work, failure to reimburse expenses,
    meal
    rest period violations for part-time merch
    isers paid on a project basis ).
    Los Angeles Times Communications LLC adv. Steinhebel, BC278968 (Los Angeles Superior Court) (commission chargebacks for newspaper telemarketers).
    Manheim Investments, Inc. adv. Cullum, 30-2015-00772124 (Orange County Superior Court) (misclassification of auctioneers as independent contractors).
    Manheim Investments, Inc. adv. Ibarra, 12-cv-00318 (USDC S.D. Cal.) (failure to provide meal
    rest periods
    off-the-clock work for non-exempt auto auction employees).
    Manheim Investments, Inc. adv. Lewis, 30-2016-0082960 (Orange County Superior Court) (failure to pay temp employees for time spent waiting to see if they have a temp assignment for the day).
    Manheim Investments, Inc. adv. Torres, CIVDS 1616773 (San Bernardino Superior Court) (failure to provide meal
    rest periods to automobile auction operations employees).
    McCormick & Schmick's adv. Louie, BC349037 (Los Angeles Superior Court) (forced tip-pooling distribution from servers to bartenders).
    Mpower Communications Corp. adv. Roberts, BC329012 (Los Angeles Superior Court) (failure to reimburse business expenses).
    Pacific Bell Telephone Co. adv. Hern
    ez, 34-2013-00153842 (Sacramento Superior Court) (failure to pay employees for time spent commuting in company vehicle).
    Pacific Bell Telephone Co. adv. Meza, BCV-15101572 (Kern Superior Court) (failure to provide meal
    rest periods
    failure to include hours
    hourly rate information on wage statements).
    Pacific Interpreters adv. Miller, 12-cv-02074 (USDC Ore.) (alleged misclassification of language translators as independent contractors).
    Pitney Bowes, Inc. adv. Chiaramonte, 06-cv-1507 (USDC S.D. Cal.) (unlawful commission chargebacks
    failure to reimburse expenses of sales employees).
    Pitney Bowes, Inc. adv. Nettles, RG08397421 (Alameda Superior Court) (off-the-clock work, denial of meal periods,
    denial of reimbursements to non-exempt service technicians).
    Ruth's Chris Steakhouse adv. Miller, 03-CC-00435 (Orange County Superior Court) (failure to provide meal
    rest periods
    failure to pay accrued vacation pay upon termination of employment).
    Snap-on, Inc. adv. Plantillas, 13-cv-05153 (USDC C.D. Cal.) (unlawful rounding, failure to pay regular rate on bonus,
    failure to pay for uniform expenses).
    Southern California Permanente Medical Group adv. Flores, BC424255 (Los Angeles Superior Court) (failure to provide meal periods
    reimburse expenses of phlebotomists).
    Southern California Permanente Medical Group adv. Luna, BC370874 (Los Angeles Superior Court) (failure to provide meal periods to any Kaiser non-exempt employees).
    Southern California Permanente Medical Group adv. Malmad, BC391131 (Los Angeles Superior Court) (exempt misclassification of Senior Systems Consultants).
    Southern California Permanente Medical Group adv. Penuela, BC396462 (Los Angeles Superior Court (exempt misclassification of IT Project Managers).
    Southern California Permanente Medical Group adv. Port, 37-2007-00067538 (San Diego Superior Court) (exempt misclassification of Analysts of KP HealthConnect project).
    Stanford Hotels, Inc. adv. Carranza, BC427215 (Los Angeles Superior Court) (unlawful time clock rounding, reporting time pay,
    meal period violations).
    Stericycle adv. Butler, 34-2015-00180282 (Sacramento Superior Court) (failure to provide meal
    rest periods,
    failure to include bonus pay in regular rate).
    Stericycle, Inc. adv. Camacho, 39-2014-00307879 (San Joaquin Superior Court) (failure to provide meal
    rest periods to non-exempt operations employees).
    Stericycle, Inc. adv. Gutierrez, 15-cv-08187 (USDC C.D. Cal.) (failure to provide meal
    rest periods
    off-the-clock work for all non-exempt employees).
    Symantec Corp. adv. Merenda, BC350605 (Los Angeles Superior Court) (exempt misclassification of software testers).
    Symantec Corp. adv. Sarkisian, BC423476 (Los Angeles Superior Court) (exempt misclassification of IT technical workers).
    Tilly's, Inc. adv. Ward, BC595405 (Los Angeles Superior Court)(alleged failure to pay reporting time pay for call-in shifts).
    Tuesday Morning, Inc. adv. Doherty, BC255823 (Los Angeles Superior Court) (bonus plan challenged as unlawful deduction scheme).
    Tully's Coffee Co. adv. Lam, BC311114 (Los Angeles Superior Court) (exempt misclassification of store managers in coffee shops).
    Tully's Coffee Co. adv. Kullar, RG07362451 (Alameda Superior Court) (failure to provide meal
    rest periods to non-exempt employees working in coffee shops).
    Tuneup Masters adv. Pimentel, BC271698 (Los Angeles Superior Court) (exempt misclassification of store managers in automotive service stores).
    Tyco International (U.S.), Inc. adv. Hern
    ez, BC315749 (Los Angeles Superior Court) (meal
    rest period violations
    unlawful rounding down of time for industrial employees).
    Valero Refining Company adv. Wulfe, 12-cv-05971 (USDC C.D. Cal.) (alleged failure to provide meal periods
    off-the-clock work for refinery operators).
    Valero Services, Inc. adv. Garcia, BC373720 (Los Angeles Superior Court) (failure to provide meal periods
    to properly calculate regular rate of pay for non-exempt refinery employees).
    Virgin America, Inc. adv. Lorre, BC554740 (Los Angeles Superior Court) (failure to provide meal
    rest periods
    unlawful alternative work arrangement for non-exempt airport employees).
    Wells Fargo Bank adv. Caprarola, L-3570-13 (New Jersey Superior Court) (challenging under New Jersey law method of calculation employee commissions as unlawful deductions
    challenging requirement that employees pay subscription fee for websites
    marketing programs).
    Wells Fargo Bank adv. Cox, 13-cv-01052 (USDC Conn.) (challenging under Connecticut law method of calculation employee commissions as unlawful deductions
    challenging requirement that employees pay subscription fee for websites
    marketing programs).
    Wells Fargo Bank adv. Dyer, 13-cv-2858 (USDC N.D. Cal.) (nationwide breach of contract action alleging Wells Fargo systematically miscalculated commissions on a certain type of mortgage loan).
    Wells Fargo Bank adv. Fudge, 37-2012-00084040 (San Diego Superior Court) (alleged failure to pay earned commissions to terminated loan originators).
    Wells Fargo Bank adv. Galowitch, 130302298 (Philadelphia Court of Common Pleas) (challenging method of calculation employee commissions as unlawful deductions under Pennsylvania law).
    Wells Fargo Bank adv. Gilbert, 11-cv-01841 (USDC Nev.) (nationwide misclassification of business sales officers under FLSA
    Nevada law).
    Wells Fargo Bank adv. Gordon, 11-cv-00090 (USDC S.D. Cal.) (misclassification of business sales consultants
    failure to reimburse expenses).
    Wells Fargo Bank, N.A. adv. Ibarra, 17-cv-04344 (USDC C.D. Cal.) (failure to pay for rest period for mortgage loan originators paid on a hybrid hourly/incentive pay basis).
    Wells Fargo Bank, N.A. adv. Kang, 17-cv-06220 (USDC N.D. Cal.) (failure to pay minimum wage to mortgage loan originators paid on a hybrid hourly/incentive pay basis).
    Wells Fargo Bank adv. Lewis, CGC 13-534914 (San Francisco Superior Court) (misclassification of Private Mortgage Bankers).
    Wells Fargo Bank adv. Macey, et al., CGC 10-501835 (San Francisco Superior Court) (deductions from commissions for trust losses
    reimbursement of HMC expenses).
    Wells Fargo Bank adv. Nguyen, CGC 15-547596 (San Francisco Superior Court
    removed to USDC N.D. Cal. 15-cv-5239) (various challenges to Wells Fargo compensation plans including allegations of unlawful deductions, vacation forfeiture,
    failure to pay commission wages in a timely manner).
    Wells Fargo Bank adv. Selga, 37-2012-00102593 (San Diego Superior Court) (failure to provide meal periods
    off-the-clock work to trainers allegedly required to take breaks while in flight between states).
    Wells Fargo Bank adv. Sylvia, 03-CC-5747 (Orange County Superior Court) (failure to reimburse loan originator's business expenses
    unlawful deductions from commissions).
    Wells Fargo Bank adv. Taylor, BC433225 (Los Angeles Superior Court) (off-the-clock work for call center collections employees).
    Wells Fargo Bank adv. Vartanian, BC283288 (Los Angeles Superior Court) (performance- based bonus system challenged as unlawful wage deduction policy).
    Wells Fargo Bank adv. Vuong, CGC 08-480756 (San Francisco Superior Court) (exempt misclassification of service managers in bank branches).
    Yoshinoya America, Inc. adv. Monroy, BC653419 (Los Angeles Superior Court) (reporting time pay for retail employees told not to work their assigned on-call shifts).

Experience

  • Bar Admission & Memberships
    Admissions
    1995, California
    U.S. Court of Appeals for the Ninth Circuit
    U.S. District Court for the Eastern, Northern and Southern Districts of California
    U.S. District Court for the District of Colorado
    United States Supreme Court
  • Education & Certifications
    Law School
    University of California, Los Angeles
    Class of 1995
    J.D.

Thomas Roy Kaufman

Of Counsel at Sheppard Mullin
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1901 Avenue of the Stars, Suite 1600 (Century City)Los Angeles, CA 90067U.S.A.

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