Alison S. Hightower helps employers resolve numerous employment disputes using a practical approach that involves early evaluation to determine the most cost-effective strategy.
Successful in both counseling employers to minimize the risk of litigation and defending employers if a lawsuit ensues, Alison litigates before California state and federal courts in individual and class actions and has obtained summary judgment, injunctions, and reasonable settlements for clients, representing them in a myriad of issues arising under:
- State and federal wage and hour regulation
- Misclassification of exempt employees
- Employee/independent contractor classification
- Meal and rest breaks
- Off-the-clock work
- Regular rate calculation
- Rounding of time
- Protection of trade secrets
- Workplace investigations
- Disability discrimination and the Americans with Disabilities Act
- Sexual harassment
- Family and Medical Leave Act compliance
A Littler team including Alison also won a trial in which our client defeated a class action claiming over $6 million for meal periods truck drivers chose not to take. The trial court agreed with Littler that the employees voluntarily chose to forego meal periods and also rejected the expert statistical evidence plaintiffs offered to justify the monies they sought.
Notably, Alison was part of the Littler Mendelson team that reversed certification of a California class of loan officers in the Ninth Circuit, which reversed a line of district court cases certifying classes on an estoppel theory. She has experience litigating large wage and hour class actions and those brought under California's Private Attorney General Act. She also has prosecuted lawsuits to enjoin competitors who stole customer lists, trade secrets and other confidential information from their former employers.
In addition, Alison has significant knowledge of the evidentiary issues that arise in defending employment-related claims, including the use of computer forensics to recover electronic data.
Alison also steers clients through thorny issues to minimize the risk of expensive litigation and provides counseling to effect compliant employment practices, including the use of contingent workers and independent contractors. She counsels clients on employee discipline, termination, harassment and discrimination issues, as well as compliance with leaves of absence and laws protecting the disabled. She frequently works with:
- Financial institutions
- National banks and lenders
- Manufacturers
- Public entities
- Service providers
Alison is a frequent speaker and author, often teaming up with others to provide a broader perspective. Recently, Alison conducted a series of webinars with a national payroll company to inform clients of recent changes in employment laws. Previously, Alison was a partner at another firm where she was in charge of approval of new client matters and the oversight of accounts receivable for the office.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Chair, Diversity Committee - The Financial Women's Association of San Francisco
- Member, Board of Directors - The Financial Women's Association of San Francisco
- Former co-chair, Lifestyles Committee - The Financial Women's Association of San Francisco
- Member, Bar Association of San Francisco
- Co-chair, Legislative and Legal Affairs Committee - Northern California Human Resources Association, East Bay Region
- Member, Board of Directors - Northern California Human Resources Association, East Bay Region
- Volunteer, Head-Royce School Auction Committee, 2009-2011
PUBLICATIONS
VIEW ALL- April 12, 2012
- January 11, 2012
- October 31, 2011
- September 6, 2011
- December 7, 2010
- September 3, 2009
- April 17, 2009
BLOG ENTRIES
VIEW ALL- Wage & Hour Counsel, April 12, 2012
- Wage & Hour Counsel, January 3, 2012
- Wage & Hour Counsel, November 8, 2011
- Wage & Hour Counsel, September 16, 2011
- Wage & Hour Counsel, July 21, 2011
- Unfair Competition & Trade Secrets Counsel, April 12, 2011
- Wage & Hour Counsel, March 14, 2011
BOOKS & BOOK CHAPTERS
- White Collar Exemptions Updates, Wage and Hour Answer Book, 2009-2011
PRESS
- February 15, 2012
- January 3, 2012
- August 30, 2011
- August 30, 2011
- August 29, 2011
- January 4, 2007
ADDITIONAL PUBLICATIONS & PRESS
VIEW ALL- October 2009Reliance On Independent Contractors In A Recession: Ten Tips To Protect Your Company
Co-author: With Juliette HirtAssociation for Corporate Counsel - Summer 2009Alternatives to RIFS: Cutting Labor Cost Without Cutting EmployeesAmerican Bar Association Employment Law and Litigation
- June 2008Protecting Trade Secrets In The Computer Age: The Basics Of Computer ForensicsCalifornia Labor & Employment Bulletin
- December 2007What’s New In Wage And Hour Regulation: What You Need To Know To Minimize ExposureStrategic Compensation Conference - Northern California Human Resources Association
- September 2007Computers and HR: Preserving Evidence, Protecting Trade Secrets and the Basics of Computer ForensicsNorthern California Human Resources Association (NCHRA)
- July 10, 2006Talking About Sex Does Not Necessarily Mean Sexual HarassmentHR West
- January 13, 2006Burden of Proof Needn't Stop Employers' Defense in Disability Bias SuitsThe San Francisco Daily Journal
SPEAKING ENGAGEMENTS
- April 26, 2012
- March 15, 2012
- February 8, 2012
- February 8, 2012
- December 17, 2008
- September 17, 2007
ADDITIONAL PRESENTATIONS
VIEW ALL- February 2, 2012Worker Classification: A New Year, New Enforcement
Client Webinar - January 23, 2012New Penalties for Misclassification of Independent Contractors: A Primer On S.B. 459
Bar Association of San Francisco - December 8, 20112011 California Legislative Update: What You Need To Know, Now
HR Options, Inc. - July 12, 2011The Contingent Workforce
Labor and Employment Section Webinar - State Bar of California - April 12, 2011Misclassifying Independent Contractors: Reducing Risk from New Increased Enforcement Measures
HR West Annual Conference - NCHRA - March-November 2011Hot Trends In An Era of New Enforcement: What Your Company Should Know To Protect Itself
ADP Client Webinars - June 24, 2010Crackdown on Misclassifying Independent Contractors
HR Options Webinar