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.
John has defeated class certification in highstakes 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.
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.
University of California, Los Angeles, 1993, B.A., Cum Laude
University of Southern California Law School, 2000, J.D.
US Court of Appeals for the Ninth Circuit
US District Court for the Northern District of California
US District Court for the Eastern District of California
US District Court for the Central District of California
US District Court for the Southern District of California
Awards and Affiliations
Member, Practice Group of the Year, Employment, Law360 (2017)
Finalist, The Recorder’s Litigation Department of the Year – Labor and Employment (2013)
Member, State Bar of California
Member, Orange County Bar Association, Labor & Employment Section