Expertise

Since working as a summer associate in law school, Michael Hoffman has focused his practice on labor, employment, and benefits litigation. He has handled jury and bench trials, federal and state court appeals, agency hearings, arbitrations, class actions, and complex litigation. His work covers claims for wrongful discharge, discrimination, sex and race harassment, independent contractors and contingent workers, trade secrets, unfair competition, executive compensation, wage and hour law, and employee pension and welfare benefits. Mr. Hoffman also counsels clients on employee discipline and discharges, privacy rights, reductions in force, leaves of absence, and disability accommodations, and he drafts benefit plans, incentive compensation plans, and employment contracts. Additionally, he assists clients with wage and labor audits, agency investigations, and internal harassment investigations.

Educational Background

Univ. of Southern California, J.D., May 1992
Univ. of California – Davis, B.A., Dec. 1987

Admissions

California State Bar, admitted 1992
Fifth, Seventh, Ninth, and District of Columbia Circuit Courts
All U.S. District Courts of California

Recent Press

GCs Name Favorite Employment Lawyers
Law360 (Feb. 7, 2016)

GCs Name Favorite Employment Lawyers
Law360 (Feb. 10, 2015)

49 Employment Attorneys Know How to Keep GCs Happy
Law360 (Feb. 4, 2014)

Recent Decisions and Results

Jury verdict for employer in action alleging age discrimination and wrongful discharge; Ninth Circuit affirmed. 2015 WL 1742116 (9th Cir. 2015)

Order denying remand and dismissing action; holding that LMRA preempted state law defamation and misrepresentation claims. 2015 WL 3657748 (E.D. Cal. 2015)

Order granting employer’s motion to dismiss claim for loss of consortium brought by spouse in disability discrimination action. 60 F. Supp. 3d 1051 (N.D. Cal. 2014)

Jury trial in retaliation action. Jury awarded the plaintiff $20,640 in lost income and $0 in emotional distress damages. San Diego Sup. Ct. (2015)

Jury verdict for employer in action alleging sex harassment, gender discrimination, and retaliation. Tulare County Sup. Ct. (2014)

Order entering summary judgment for employer on claims of race discrimination and wrongful discharge. 2014 WL 3841042 (N.D. Cal. 2014)

Order entering summary judgment for employer on claims of sex harassment, gender discrimination, and retaliation. 2013 WL 5157187 (E.D. Cal. 2013)

Order entering summary judgment for employer on claims of race discrimination and missed meal periods and rest breaks. 2013 WL 3121360 (C.D. Cal. 2013)

Orders dismissing claim for disability discrimination and striking jury demand. 2013 WL 5539589 (N.D. Cal. 2013), 2013 WL 5539591 (N.D. Cal. 2013)

Ninth Circuit reversed District Court’s remand order and sustained removal jurisdiction under the Class Action Fairness Act. 486 Fed. App. 674 (9th Cir. 2012)

Order granting summary judgment, vacating class certification, and dismissing class action. Affirmed by the Ninth Circuit. 2009 WL 3320489 (N.D. Cal. 2009), 410 Fed. App. 24 (9th Cir. 2010)

Order disqualifying proposed class counsel from representing class members due to ethics violations, resulting in state bar prosecution. 2007 WL 4287517 (N.D. Cal. 2007)

Ninth Circuit reversed District Court’s remand order and ruled that an opponent bears the burden of proving that an exception defeats federal jurisdiction under the Class Action Fairness Act. 478 F.3d 1018 (9th Cir. 2007)