Overview

Richard is an experienced litigator in the area of employment and wage and hours laws on behalf of management clients. Not only does Richard represent employers in all state and federal courts throughout California, but he also speaks extensively to employer groups providing strategies for avoiding employment lawsuits.

To help employers avoid employment lawsuits, Richard counsels them on how to prepare and revise employment policies, agreements and commission/bonus plans to comply with California’s myriad rules and regulations. He also advises employers faced with making difficult personnel decisions, and train managers and supervisors in the areas of sexual harassment prevention, leave of absence rules, workplace investigations, performance evaluations, employee counseling strategies and wage and hour laws compliance.

Lawsuits often start with an agency claim, and Richard has helped numerous employers obtain dismissals of claims brought before the Labor Commissioner, the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission. In court, he has defended large corporations and small nonprofits in lawsuits alleging harassment, discrimination, leave of absence violations and wrongful termination. In many of those cases, he was able to settle for less than $30,000.

Professional & Civic Associations

  • California State Bar Association, Labor and Employment Law Section
  • Los Angeles County Bar Association, Labor and Employment Law Section
  • Bel Air Presbyterian Church, Member of Personnel Committee
  • Claris Health, Board of Directors

Representative Matters

Representative Matters

Litigation Matters

  • Defeated motion for class certification in case against national solar power company alleging unlawful commission agreements.
  • Defeated motion for class certification in meal and rest period case filed against national car rental company.
  • Lead attorney on wage and hour class action in Northern California brought by instructors alleging that they were not paid all hours worked outside the classroom; developed strategy to meet with individual employees, obtain releases, and settle all claims except with four employees; successfully moved to compel arbitration and later settled all claims.
  • Resolved wage and hour class action brought by concrete inspectors who alleged they were owed prevailing wages, meal periods, and travel time.
  • In retaliation case in San Luis Obispo County, successfully moved to strike all claims for punitive damages against defendants in case alleging retaliation.
  • Defended and resolved age and disability discrimination case brought by long-term employee in San Diego County.
  • Defended and resolved multiple wage and hour cases in Los Angeles County and Riverside County that were brought against rental car company.
  • Defended qui tam action and employment retaliation claims brought by former sales representative of Fortune 500 company.  Defended 17 depositions of various employees including two senior vice presidents.  Prepared and argued multiple motions, including summary adjudication motion to dismiss all employment claims, which was granted by court.
  • One day bench trial in qui tam action, in which we successfully demonstrated that the plaintiff had destroyed evidence during the course of the litigation and then lied about it in court.
  • Summary judgment of pregnancy discrimination claims that was affirmed by appellate court (Pilkenton-Sallee v. Food 4 Less).
  • Dismissal of disability discrimination claims and wage claims that was affirmed by appellate court (Szetela v. Ralphs Grocery Company).
  • Voluntary dismissal of lawsuit by plaintiff in return for waiver of costs after motion for summary judgment filed, in a case in which plaintiff had alleged that a San Diego television station had purportedly discriminated against him on the basis of age, race, and religion.
  • Successfully defended and obtained summary judgment in numerous lawsuits brought in state and federal courts alleging various forms of discrimination, fraud, and retaliation.

Restraining Orders

  • Obtained temporary and permanent restraining order on behalf of female sales representative who was being harassed by putative customer who planned to run for State Senator and wanted to purchase advertisements on radio station.
  • Obtained temporary and permanent restraining order on behalf of female Los Angeles radio personality against male listener who was incarcerated in state hospital but was scheduled to be released.
  • Obtained temporary and permanent restraining order on behalf of female Los Angeles radio personality against male listener who made threats against her.
  • Obtained temporary and permanent restraining order on behalf of six employees against another employee who threatened physical harm.
  • Obtained temporary and permanent restraining order on behalf of store manager and assistant manager against former employee who threatened to shoot them.
  • Obtained temporary and permanent restraining order on behalf of law firm against a former female litigant who harassed and threatened male attorney after lawsuit was concluded.

Legislative Matters

  • Represented group of 80 employers in preparing materials and developing strategies that successfully defeated California Assembly Bill No. 1935 (2000), which would have automatically unionized employers' entire workforce.
  • Represented group of 80 employers in preparing materials, developing strategies, testifying before legislative committee, negotiating with legislators and opposition parties to successfully defeat California Assembly Bill No. 707 (2001), which would have significantly changed unionization rules for employers' workforce.

State Agency Matters

  • Obtained dismissal of DLSE charge that employer had failed to provide appropriate lactation accommodations after evidentiary hearing.
  • Obtained complete dismissal from Los Angeles DLSE after evidentiary hearing that addressed former employee's complaint for unpaid overtime; successfully demonstrated that, even though employee was an unlicensed junior architect, employer had properly classified her as an exempt professional not entitled to overtime.
  • Obtained complete dismissal from San Diego DLSE after evidentiary hearing that addressed former employee's complaint that she did not receive meal breaks and rest periods.
  • Obtained complete dismissal from Van Nuys DLSE after evidentiary hearing that addressed former sales representative's claims for unpaid expenses and commissions.
  • Obtained complete dismissal from Los Angeles DLSE after evidentiary hearing that addressed former marketing representative's claim for unpaid wages.
  • Obtained complete dismissal from WCAB after evidentiary hearing that addressed former employee's claim that he was terminated in retaliation for seeking workers' compensation benefits.

News & Analysis

Speaking Engagements & Industry Publications

  • “Immigration-Related Liability for California Employers Rises,” Employment Law360, July 2014

  • Immigration-Related Liability for California Employers Rises, Employment Law360, August 4, 2014

  • “Claiming Wages,” Los Angeles Daily Journal, September 14, 2007

  • Every January since 1998, Mr. Bromley has presented the annual update on labor and employment legal developments to the Auxiliary Organizations Association.

  • Every July since 1997, Mr. Bromley has delivered the annual presentation to the Human Resources Committee of the Auxiliary Organizations Association regarding various aspects of labor and employment law, as well as wage and hour legal issues.

  • Medical Leaves of Absence, September 15, 2005, Bridgeport's Conference on Labor & Employment Litigation.

  • Prepared significant portions of an employer manual that addressed compliance with the Family Medical Leave Act, the California Family Rights Act, the California Pregnancy Leave Act, and related leave laws.

  • "Wisdom is the right use of knowledge. To know is not to be wise.  Many men know a great deal, and are all the greater fools for it.  There is no fool so great a fool as a knowing fool. But to know how to use knowledge is to have wisdom." 
  • Charles Spurgeon

Practice Emphasis

  • Employment Litigation
  • Wage and Hour Class Actions
  • Leaves of Absences
  • Class Actions
  • Employer Advice, Strategies & Policies
  • Social Media

Education

University of the Pacific, McGeorge School of Law

  • J.D., with distinction, 1991
  • Order of the Coif
  • Traynor Honor Society
  • American Jurisprudence Award (Remedies)
  • Torts Award for Scholarly Performance)

University of California, Los Angeles

  • B.A.

Bar & Court Admissions

  • California, 1991
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
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