Foley & Mansfield
Foley & Mansfield

Louis C. Klein

Partner - Los Angeles / Indianapolis

lklein@foleymansfield.com

213-283-2100

Bar Admissions: California; Indiana; U.S. Court of Appeals, 9th Circuit; U.S. District Court, Central District of California; U.S. District Court, Eastern District of California; U.S. District Court, Northern District of California; U.S. District Court, Southern District of California

Practice Groups: Employment Law & Litigation

Education: Whittier Law School, 1996, JD - cum laude; Vermont College of Norwich University, 1993, BA

Memberships: Association of Workplace Investigators (AWI); California State Bar Association; Los Angeles County Bar Association Armed Forces Committee; The Claims & Litigation Management Alliance (CLM)

BIOGRAPHY

Louis C. Klein, a partner in the Los Angeles and Indianapolis offices of Foley & Mansfield, focuses his practice in employment matters. Louis works with businesses and management in finding resolutions to workplace and employee issues and problems before they escalate to litigation. When diplomacy fails, he routinely engages in First Line Defense related to employee complaints, drawing on his years of successful litigation and trial experience.

Louis has practiced labor and employment law since 1997, defending public entity and private clients in notable cases such as whistleblowing retaliation, sexual harassment and discrimination. He is experienced in all aspects of employment counseling, litigation, workplace investigation, case management, settlement and mediation practice, and trial practice. In addition, he is often asked to speak and write about labor and employment topics for industry publications and professional conferences.

His experience includes trials, arbitrations and mediations of employment disputes, as well as participation in administrative proceedings before the California Department of Fair Employment and Housing ("DFEH"), the United States Equal Employment Opportunity Commission ("EEOC"), and the California Labor Commissioner. Louis provides advice and counseling on day-to-day employment law issues, including discipline and termination, wage and hour issues, employment contracts for employees and key executives, and other transactional/employment business advice.

For public entities, he has provided advice on personnel issues, including Skelly Hearings and disciplinary proceedings related to Personnel Commission rules.

He also provides employment training and conducts investigations in the workplace of harassment and discrimination complaints, whether filed internally or with the California Department of Fair Employment and Housing, or the United States Equal Employment Opportunity Commission. He assists and advises clients on reducing the risks of employee lawsuits, including the drafting of employment documents, handbooks, and policy and procedures manuals.

REPRESENTATIVE MATTERS

  • Successfully defended the nation’s largest Head Start program against employment claims relating to retaliation for whistleblowing in violation of California Labor Code section 1102.5 in a three week jury trial in the Los Angeles Superior Court. The jury returned a defense verdict in one hour. The Plaintiff had sought over $500,000 in damages. Prior to the trial, Mr. Klein was successful in obtaining an award of attorneys' fees based on the granting of a SLAPP motion directed at Plaintiff's defamation claim. After trial, the court granted defendant’s motion for fees and costs.
  • Obtained summary judgment in federal district court relating to claims that a large public entity violated employee's First Amendment rights in retaliation for whistleblowing. The Plaintiff claimed that public entity employer had violated her First Amendment rights by terminating her employment through a reorganization. However, the court found that Plaintiff's action could not be maintained under 42 U.S.C.1983 and dismissed the action.
  • Successfully argued appeal in the California Second Appellate district regarding attorney's and public employees' failure to file timely tort claims under the Tort Claims Act. The Plaintiffs' attorney had failed to timely file government tort claims on behalf of his clients who had been terminated through a reorganization. The public entity defendant had rejected the claims as late and the superior court denied Plaintiff's motion to file a late claim. The Appellate Court agreed with the superior court, finding that the Plaintiff's attorney did not show the requisite mistake or inadvertence necessary to succeed.
  • Successfully obtained dismissal of multiple plaintiffs' complaint against employer for discrimination and retaliation, and obtained sanctions against plaintiffs for their failure to respond to discovery.
  • Served as outside litigation counsel to the County of San Bernardino on various litigation matters, including defense of whistleblowing retaliation claims. Conducted internal investigation of retaliation claims by Chief of Staff against a County Supervisor. Successfully limited causes of action in whistleblowing actions through granting of demurrers.
  • Served as outside litigation counsel for the Los Angeles County Office of Education for 8 years. Successfully defended numerous employee actions and complaints related to 5 year reorganization.
  • Successfully defended Fortune 500 companies against numerous employment claims, including:
    • Defense verdict in three week trial in San Diego against national delivery service company relating to sexual harassment and retaliation.
    • Arbitration award for the defense in two week arbitration relating to race discrimination, sexual harassment and retaliation claims against LAX security company.
    • Granting in whole, or in part, numerous summary judgment and summary adjudication motions.
    • Numerous appearances before state and federal administrative agencies, including the EEOC, the DFEH, the DOL, the California Labor Commissioner and the California EDD.
    • Counseled numerous private and public entities regarding employee issues.
  • Neutral Investigator: Conducted several internal workplace investigations regarding discrimination, sexual harassment and retaliation as a neutral investigator for major Public entities, including the County of San Bernardino, Charter Oaks USD, Mount San Antonio Community College, and Regional Government Services. Mr. Klein is a member of the Association of Workplace Investigators.

UNPUBLISHED OPINIONS

  • Harenda Bhatia v. Los Angeles County Office of Education (CA Appellate Court - 2nd District, May 21, 2007) 2007 WL 1463486
  • Tito R. Pintor v. Borg-Warner Protective Services Corporation (CA Appellate Court - 4th District, January 17, 2002) 2002 Cal.App. Unpub. LEXIS 4797
  • Diosdado Andallo v. Federal Express Corporation (9th Cir., December 13, 2002) 2002 U.S. App. LEXIS 26296
  • Jacob v. Wells Fargo Security Guard Services (9th Cir., September 8, 2003) 2003 U.S. App. LEXIS 19097

IN THE NEWS

April 9, 2019
Foley & Mansfield Prevails at California Appeals Court

Foley & Mansfield secured an appellate victory for our client in a case involving indemnity and negligence at a worksite in Berkeley, California.

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February 11, 2019
Foley & Mansfield Successfully Defends Colgate-Palmolive in Talc Suit

Foley & Mansfield partners Gary D. Sharp and Peter M. Mularczyk successfully defended Colgate-Palmolive Company in a four week trial in the Los Angeles Superior Court, Alhambra Division.

READ MORE

December 10, 2018
Foley & Mansfield Names 2019 Partners, Equity Partners

The national defense firm of Foley & Mansfield today announced the election of nine partners to its Equity Partnership, and fifteen attorneys to its Partnership, effective January 1, 2019.

READ MORE

AWARDS

  • Who's Who in Business Services, Pacific Coast Business Times - 2006
  • Who's Who in Professional Services, Pacific Coast Business Times - 2007

PRESENTATIONS

  • Social Media in the Workplace, National Human Resources Association, Ventura County (NHRA) - April, 2015
  • Travel, Training and On-Call Pay in California, BLR/HR Hero Webinar - April, 2015
  • Trucking Litigation Defense: Where Trucking Employment Issues Trip Up Your Clients, Pincus Professional Webinar - February, 2015
  • The Equal Employment Opportunity Commission: Understanding and Responding to EEOC Charges, The Knowledge Group - June, 2014
  • Responding to EEOC Charges, Clear Law Institute  - September, June, 2014
  • The NLRB Expands Its Reach: Why Non-Union Employers Need to Watch Out - California Employer Advisor Webinar - March 2013
  • Social Media Update, Professionals in Human Resources Association - March,  2012
  • Employee Use of Social Media in the Workplace: Employer Strategies and Evolving Issues, JDTP webinar - April, 2011
  • Social Media in the Workplace: California Employer Strategies and Legal Issues, PIHRA Mid Year Legal Update Conference - June, 2011
  • Inspire, Retire & Fire – Managing the Lifecycle of an Employee, Greater Conejo Valley Chamber of Commerce - August, 2011
  • Outsourcing Investigations – The Why and How For Best Results, California Association of Workplace Investigators 2nd Annual Conference - November, 2011Hire
  • Panelist, Association of Workplace Investigators' Annual Conference - November, 2011
  • Five Employee Hot Spots for Investors and Business Owners, Total HR Conference - February, 2010
  • Social Media in the Workplace: Employer Guidelines for Limiting Liability for Tweets Gone Bad Webinar - June, 2010
  • Five Employee Hot Spots for Investors and Business Owners, Maverick Angels Training Academy - October, 2009
  • Practical Employment Solutions in a Down Economy, JDTP Annual Employment Seminar - 2008
  • Employment Law Roundtable, JDTP Annual Employment Seminar - 2007
  • 10 Steps an Employer Can Take to Limit Liability for Employee Claims, Agoura Chamber of Commerce - January, 2007
  • Wrongful Termination – Universal Documentation, NBI Panelist - February, 2007
  • Wage and Hour Traps and Practical Solutions, Emplicity Client Seminar - July, 2007
  • Limiting Liability for Employee Claims, Thousand Oaks/Westlake Village Chamber of Commerce (Human Resource Council) - July, 2007
  • Wage and Hour Update: Work Time and Solutions to Various Wage and Hour Traps, JDTP Annual Employment Seminar - 2006
  • JDTP Annual Employment Seminar - 2005
  • ADA Accommodations: What Must An Employer Consider in Accommodating Disabled Employees, Southern California Chapter - Public Agency Risk Management Association - October 2004

PRO BONO

  • Lou serves as the pro bono coordinator for the firm's Los Angeles office.
  • Lou is an appointed member of the Los Angeles Bar Association's Armed Services Committee, which provides a range of pro bono legal services to veterans through organizations including the U.S. Vets Program.

MEDIA

  • The NLRB and Confidentiality Clauses. On January 28, 2013, an NLRB Administrative Law Judge ("ALJ") found that even though an employer's overly broad confidentiality clause violated Section 8(a)(1) of the National Labor Relations Act ("NLRA"), the employee's termination did not because she was not engaged in protected activity. View/Listen
  • Supreme Court Rejects Bid to Review Validity of President Obama's NLRB Recess Appointments. Until a clear decision is rendered by the Supreme Court or proper confirmation proceedings ensue, employers will remain at a disadvantage when dealing with the current NLRB (February, 2013). F&M Legal Insights Blog.View/Listen
  • ADA Does Not Protect the Cantankerous. In Weaving v. City of Hillsboro, 12-35726, 2014 WL 3973411 (9th Cir. Aug. 15, 2014), a U.S. Court of Appeals addressed the plaintiff's failure to "get along" with his co-workers was not protected by the ADA. View/Listen
  • Resident Managers: An Employment Issue Facing the Industry (October 2010). Mini Storage Messenger Magazine
  • The Duty to Investigate (March 2011). California Lawyer Magazine
  • Viewpoint: The Razor's Edge: Public Agency Concerns When Conducting a Workplace Investigation (June 2010). American City and County Magazine
  • No Time to Hesitate: Developing a Social Media Use Policy for the Workplace (June 2011). Smart Business Magazine
  • Prepare for the Worst, Train for the Unthinkable (July/August 2011). HRO Today Magazine

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