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 AND PRESS
- April 12, 2012Littler ASAP
- February 15, 2012Daily Journal
- January 11, 2012Littler ASAP
- January 3, 2012The Recorder
- October 31, 2011Littler ASAP
- September 6, 2011Littler ASAP
- August 30, 2011San Jose Mercury News
- August 30, 2011InsideCounsel
- August 29, 2011Law360.com
- December 7, 2010Littler ASAP
- October 2009Reliance On Independent Contractors In A Recession: Ten Tips To Protect Your Company
Co-author: With Juliette HirtAssociation for Corporate Counsel - September 3, 2009Littler ASAP
- Summer 2009Alternatives to RIFS: Cutting Labor Cost Without Cutting EmployeesAmerican Bar Association Employment Law and Litigation
- April 17, 2009An Update on Furloughs and Reduced Hours: New Guidance on Cost-Cutting Strategies Other than LayoffsLittler Insight
- December 18, 2008Littler Insight
- 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)
- May 4, 2007Littler ASAP
- January 4, 2007Littler Press Release
- 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
- Summer 2004Employment Practices Liability Coverage: Time to Reevaluate Coverage to Consider Expanded Liability LawsEmployee Relations Law Journal
- June 10, 2001New Law Expands Definition of DisabilitySan Fernando Valley Business Journal
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
SPEAKING ENGAGEMENTS
- April 26, 2012Brinker - The Final Decision: Healthcare
Littler Mendelson Webinar - March 15, 2012Lessons Learned from a Successful California Class Action
Littler Mendelson Webinar - February 8, 2012Preparing for Brinker - Healthcare Industry
Littler Mendelson Webinar - February 8, 2012Preparing for Brinker - Hospitality Industry
Littler Mendelson Webinar - 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. - March-November 2011Hot Trends In An Era of New Enforcement: What Your Company Should Know To Protect Itself
ADP Client Webinars - 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 - June 24, 2010Crackdown on Misclassifying Independent Contractors
HR Options Webinar - June 2009The Whole Truth About Furloughs
Workforce Management Webinar - April 2009Tactics For Trimming Employment Cost
Kennedy Information Webinar - December 17, 2008Smart Ways to Pay in 2009: Overcoming Compensation Challenges in a Down Economy
Littler Mendelson, Oakland, CA - October 2008Sex Offenders, Terrorists and Video Resumes: How Far Can You Go To Get Information About Your Employees?
Northern California Employer Conference - Littler Mendelson - September 2008An Update On The Family Medical Leave Act
2008 National Summit on Employment Law And Compliance - July 2008An Update On Employment Laws Governing Meal/Rest Periods, Overtime And Exemptions
HR Star Conference - May 2008Competitors Beware! Safeguarding Trade Secrets And The Basics Of Computer Forensics
Association for Corporate Growth - April 2008What's New In Wage And Hour Regulation
East Bay Chapter - Northern California Human Resources Association - December 2007What’s New In Wage And Hour Regulation: What You Need To Know To Minimize Exposure
Northern California Human Resources Association Strategic Compensation Conference - November 2007Best Policies and Practices To Avoid Unfair Competition
Littler Mendelson Northern California Employer Conference - September 17, 2007Theodora Lee & Alison Hightower present on September 17th at HR West 23rd Annual Conference
HR West 23rd Annual Conference - Northern California Human Resources Association, Oakland, CA - September 2007Computers and HR: Preserving Evidence, Protecting Trade Secrets and the Basics of Computer Forensics
Annual Conference - Northern California Human Resources Association (NCHRA) - June 2007Winning The Battle Before It Begins: Best Policies and Practices To Avoid Unfair Competition Litigation
Littler Mendelson - September 2006The Disabled Employee: Addressing Performance Issues and Avoiding Costly Pitfalls - A Practical Perspective
Annual Conference & Trade Show - Northern California Human Resources Association (NCHRA) - January 2006An Update on Navigating the Disability Maze
Legal Update Conference - PIHRA - October 2005Mediation Tips, Tricks and Tools of the Trade
American Bar Association (ABA) Tort Trial & Insurance Practice Section (TIPS) - 2005Professionalism in the Workplace: Sexual Harassment Prevention
Sheet Metal & Air Conditioning Contractors' National Association - September 2002Understanding the Rights of Disabled Workers
- April 2002Ensuring OSHA Compliance with Proposition 65 in the Workplace