Paul
Berkowitz

Partner
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Paul Berkowitz

Overview

Paul Berkowitz is a trial lawyer who defends employers in high-stakes class actions, collective actions and single-plaintiff disputes. He focuses on wage and hour litigation, discrimination and harassment claims, and complex compensation challenges. Paul secured a precedent-setting appellate victory that strengthened employers’ ability to remove class actions to federal court, helping shape jurisdictional standards under the Class Action Fairness Act.

Representing employers in complex wage and hour class and collective actions in federal and state courts nationwide, Paul’s cases span allegations involving meal and rest periods, off-the-clock work, time rounding practices, controlled standby, expense reimbursement, commission calculations, regular rate issues and misclassification claims.

Paul’s practice also includes nationwide and multi-state challenges to compensation structures, including disputes over commission plans, bonus inclusion, salary-basis compliance and alleged unlawful deductions. Paul understands how compensation systems function operationally and partners with clients to align litigation strategy with business realities.

In single-plaintiff matters, Paul tries cases to verdict and arbitration award. He has secured several unanimous defense verdicts in jury trials in both state and federal court involving discrimination and wrongful termination claims and obtained complete defense rulings in multi-plaintiff harassment and termination arbitrations.

Paul approaches every case with an eye toward early resolution where appropriate, while preparing each matter as if it will be tried. Clients rely on him for steady judgment, strategic clarity, consistent responsiveness and results in matters carrying significant financial, operational and reputational risk.

Experience

Notable Class Action Experience

  • Ibarra v. Manheim Investments, Inc., 775 F.3d 1193 (9th Cir. 2015).  Reversed district court order remanding case and established more employer-friendly test for removing cases to federal court under the Class Action Fairness Act.

Notable Trial Experience

  • Ayala v. Cox Automotive, Inc., 2:16-cv-06341-CJC (USDC C.D. Cal.). Three-day jury trial in the Santa Ana federal court. The plaintiff asserted claims for age discrimination and wrongful termination.  After about one hour of deliberation, unanimous jury awarded complete defense verdict.
  • Ollervides, et al. v. Concorde Battery Corp. Two-plaintiff sexual harassment and wrongful termination case. Obtained complete defense ruling following seven-day arbitration.

Wage and Hour Class and Collective Action Experience

  • Acuity Brands Lighting adv. DeLaTorre, CIVDS1601800 (San Bernardino Superior Court) (failure to provide meal and rest periods, failure to include bonus in regular rate, time rounding).
  • Balboa Life & Casualty, LLC, et al. adv. Zamora, et al., BC360026 (Los Angeles Superior Court) (alleged meal period and rest break violations, waiting time penalties).
  • Bank of America, N.A., et al. adv. Zamora, et al., BC464365 (Los Angeles Superior Court) (alleged denial of opportunity to copy or inspect putative class members’ personnel files and wage and time records).
  • Charter Communications adv. Novoa, 13-cv-01302 (USDC E.D. Cal.) (alleged off-the-clock work for field technicians).
  • Countrywide Financial Corporation adv. Abhyankar, JAMS Case No. 1220036579 (JAMS Arbitration) (alleged Labor Code violations for misclassification of exempt employees based on violation of salary-basis test because of jury duty policy).
  • Countrywide Financial Corporation, et al. adv. Lew, et al., CV-01993-SC (USDC N.D. Cal. (alleged Labor Code violations for alleged unpaid wages, improper wage statements, meal/rest break violations, and untimely payment of final wages).
  • Countrywide Insurance Services, Inc. adv. Tollefsen, 56-2008-00332381 (Ventura Superior Court) (failure to provide meal periods and defective wage statements for non-exempt employees).
  • Cox Communications, Inc. adv. Amiri, 30-2016-00835723 (Orange County Superior Court) (alleged failure to pay wages properly for on call time).
  • Cox Communications, Inc. adv. Camia, SACV12-1380 CJC (JPRx) (alleged "off-the-clock" work for non-exempt cable company field technicians).
  • Cox Communications, Inc. 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).
  • General Motors Financial Company, Inc., et al. adv. Nemeth, et al., CV12-02761 DMG (CWx) (USDC C.D. Cal.) (alleged misclassification of auto finance company credit analysis).
  • HomeServices Lending, LLC adv. Buchanan, 3:11-cv-00922-L-MDD (USDC S.D. Cal.) (alleged deductions for business losses and expense reimbursement for loan officers of Wells Fargo joint venture).
  • Kaiser adv. Brown, BC489643 (Los Angeles Superior Court) (alleged failure to include non-discretionary bonus payments in the regular rate of pay).
  • Kaiser adv. Lemmons, 34-2012-00125488 (Sacramento Superior Court) (failure to pay for alleged controlled-standby for site support specialists).
  • Manheim Investments, Inc. adv. Ibarra, 12-cv-00318 (USDC S.D. Cal.) (failure to provide meal and rest periods and off-the-clock work for non-exempt auto action employees).
  • Superior Grocers adv. Acevedo, BC504487 (LASC) (challenge to time rounding practices).
  • Valero Refining Company adv. Wulfe, 12-cv-05971 (USDC Central District (alleged off-the-clock work and missed meal periods and rest breaks for non-exempt oil refinery employees).
  • Wells Fargo Bank, N.A. adv. Macey, et al., CFC 10-501835 (San Francisco Superior Court) (alleged deductions from commissions for "trust losses" and reimbursement of loan officer expenses).
  • Wells Fargo Bank adv. Caprarola, L-3570-13 (New Jersey Superior Court) (challenging under New Jersey law method of calculating employee commissions as "unlawful deductions" and challenging requirements that employees pay subscription fee for websites and 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. Nguyen, 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, and failure to pay commission wages in a timely manner).  
Credentials
Education

J.D., University of California, Los Angeles, 2007, Order of the Coif

B.A., University of Arizona, 2004, cum laude

Admissions

California

U.S. District Court, Eastern District of California

U.S. District Court, Central District of California

U.S. District Court, Northern District of California

U.S. District Court, Southern District of California

U.S. Court for the Ninth Circuit

Honors

Southern California Rising Star, Super Lawyers, 2013-2017

Legal 500, Labor and Employment, 2017