John D. Hayashi

Of Counsel

John D. Hayashi guides employers through California’s intricate state labor and employment laws and compliance requirements. He primarily defends employers in complex wage and hour class actions brought under California and federal law, and representative actions brought under California’s unique Labor Code Private Attorneys General Act (PAGA). John also litigates actions brought under California’s wage orders, such as claims that employers failed to provide suitable seating.

Extended Profile

John has defeated class certification in high-stakes class actions, and obtained dismissals of class claims by enforcing arbitration agreements with class, collective, and representative action waivers. He also counsels clients to ensure that their arbitration agreements are up to date with the latest state of the law, and performs audits of employers’ compliance with California’s complex employment laws.

John defends employers in claims of wrongful termination, discrimination, retaliation, and disability discrimination, including those brought under Title VII, the Family and Medical Leave Act, the California Family Rights Act, the California Fair Employment and Housing Act, and other statutes.

He defends and advises clients in a range of industries including retail, pharmaceuticals, food service, real estate, financial services, mortgage brokerage and underwriting, government contractors, and information technology.

John litigates before Superior Courts throughout California, the California Courts of Appeal, the Supreme Court of California, all federal District Courts in California, and the US Court of Appeals for the Ninth Circuit; arbitrates before JAMS and AAA; and represents clients before the EEOC, DLSE, and California Labor Commissioner.

Selected Representations

Defeated class certification of meal and rest break claims by bank employees;
Defeated class certification of overtime misclassification, meal and rest, and derivative state law claims by registered representatives in the financial services industry;
Successfully defended claims related to alleged “off-the-clock” work, unpaid wages, overtime exemption, meal and rest breaks, independent contractor status, vacation policies, business expenses, and “regular rate” challenges;
Defeated class certification of claims alleging that workers were not provided with suitable seating in the workplace;
Defeated class certification of overtime claims brought by information technology workers;
Defeated class certification of overtime claims by workers for a government contractor;
Compelled individual arbitration and dismissal of class claims by bank employees;
Compelled individual arbitration and dismissal of class claims by call center workers;
Negotiated the dismissal of class claims resulting in settlements on an individual basis.