Benjamin Hill, Esq.
I graduated cum laude from the University of Pittsburgh where I earned a Bachelor of Philosophy degree in Film Studies with a certificate in Russian and East European Studies. During my undergraduate studies, I also attained the university’s highest undergraduate merit scholarship as well as its highest undergraduate research fellowship — the Chancellor’s Scholarship and Chancellor’s Fellowship. In 1998, I was accepted by Southwestern University’s SCALE program, the first ABA-accredited two year law school program. During my graduate studies, I attained the university’s highest merit scholarship, the Wildman Scholarship. I received my Juris Doctor in May 2000 and became a member of the California State Bar later that year. I have well over a decade of experience in defending California employers, and my philosophy is simple: “assess your legal risks and identify your options for managing those risks.”
There are several words that are used in the English language to describe one who practices law. Although “attorney” and “lawyer” are the most common, the more accurate term, I believe, is “counselor.” According to Webster’s dictionary, a counselor is “one that gives advice in law and manages cases for clients in court.” My goal is to provide you with precise and comprehensive advice on whatever it is that has prompted you to seek legal advice.
The need for quality legal advice is particularly important in the context of employment law disputes where a successful plaintiff is entitled to recover his/her reasonable attorney’s fees. At the moment you become aware of an actual or potential employment law dispute, it is crucial that you receive advice as to whether or not the claim is valid. If the claim is valid, then it makes business sense to pay it quickly rather than prolong the dispute and expose your company to the risk of paying significant attorney’s fees to the plaintiff. If the claim is dubious, then you need someone who can manage the case once it proceeds to litigation. Over the past several years, I have defended clients successfully in numerous employment law cases. While my past successes do not guarantee future results, many of the issues that I have successfully litigated in the past have given me the experience necessary to advise you in your dispute.
Benjamin Franklin once said, “An ounce of prevention is worth a pound of cure.” That statement absolutely applies to employment disputes. Once your company has been served with a complaint, it must pay significant legal fees to defend itself. Even if your company prevails a trial, it often may not recover its attorney’s fees from the unsuccessful plaintiff. Avoid this scenario by investing in compliance. Although companies routinely invest in equipment and facilities, many do not invest to ensure that their employment practices comply with state and federal law. If you look your company’s balance sheet, chances are that your company’s biggest expenditure is labor. Considering how much of your company’s expenditures go toward human resources, failing to invest in compliance is just not an efficient use of your company’s finite resources. I encourage all business owners to make an appointment with me to discuss strategies for minimizing their exposure to potential employment law claims.
Although the company has been the defendant in the vast majority of my employment law cases, I have also represented companies that have been forced to litigate against its former employees. Long time employees have access to a wide range of confidential information that belongs to the company, such as: (1) identity of suppliers; (2) customer lists; (3) cost of inventory and (4) marketing data. When former employees use this confidential information to start their own competing business, a company must stop the unauthorized use of its confidential information or lose a significant amount of business that took years to develop.
Whatever has prompted to you to search for an employment law attorney, I hope that this brief introduction demonstrates to you I have the experience and results necessary to render the precise, comprehensive and accurate legal advice that your company deserves.
Education
Southwestern University School of Law, Juris Doctor
University of Pittsburgh, Bachelor of Philosophy in Film Studies
Bar Admission – State of California
Recent Labor & Employment Cases
Fabela v. Video Army, LLC, et al. (Sept. 2013)
Settled misclassification and related claims such as unpaid overtime and missed meal/rest periods
Lux v. Hybrid Auto Glass, Inc. (Aug. 2013)
Obtained dismissal of various wage and hour claims including unpaid overtime and missed meal/rest periods
Washington v. Diverse Talent Group, Inc. (July 2013)
Obtained judgment to enforce Labor Commissioner award
United States v. Platinum Lending Corp. (May 2013)
Settled all claims arising from U.S. Department of Labor audit
Chavez v. Evergreen Child Care Food Program (May 2013)
Settled retaliation claim
WHPM, Inc., et al. v. Martinez, et al. (Feb. 2013)
Obtained judgment for misappropriation of trade secrets claim
Barton v. CTR Builders, Inc. (Jan. 2013)
Obtained dismissal of all but one claim resulting in a damage award of less than $500
Saunders v. ACE Industrial Supply, Inc. (Jan. 2013)
Settled disability discrimination & various wage & hour claims including failure to pay overtime
Dumrique v. Cuevas (Nov. 2012)
Obtained dismissal of various wage and hour claims including unpaid vacation time, unpaid overtime and unauthorized deductions
Whitaker v. Flavours, Inc. (Oct. 2012)
Forced withdrawal of claims for misclassification and retaliation
Munoz v. Shin Shin Construction Corporation (Oct. 2012)
Settled tort claims arising from workplace accident
Cruz v. Artech Information Systems, LLC (Aug. 2012)
Obtained dismissal of various wage and hour claims including willful failure to pay
Garcia v. Allstate Nursing Services, Inc. (Mar. 2012)
Obtained dismissal of various wage and hour claims including missed meal/rest periods, unpaid overtime & willful failure to pay
Barajas v. Gauchos Village, Inc. (Feb. 2012)
Settled various and hour claims including unpaid overtime, missed meal/rest periods and failure to itemize deductions
Keledjian v. ProHD Rentals, Inc. (Jan. 2012)
Obtained dismissal of misclassification and related claims such as unpaid overtime and missed meal/rest periods
Peltonen v. ProHD Rentals, Inc. (Mar. 2011)
Obtained dismissal of sexual harassment & gender discrimination claims