Cheryl D. Orr

Partner

San Francisco

(415) 591-7503 phone
(415) 591-7510 fax

Cheryl D. Orr is a partner and co-chair of the national Labor & Employment Practice Group.  She concentrates her practice on defending employers against FLSA collective actions and state and federal wage and hour class actions.  Cheryl also regularly litigates discrimination, harassment, and unfair competition claims, conducts high-level workplace investigations, develops plans for reductions in force and offers employer advice and counseling.

Published Opinions: 

  • Combs v. Greenfield, 2010 U.S. Dist. LEXIS 54622 (N.D. Cal. May 11, 2010).
  • Wren v. RGIS Inventory Specialists, 2009 U.S. Dist. LEXIS 74789 (N.D. Cal. Aug. 24, 2009).
  • Gomez v. Lincare, Inc., 173 Cal.App.4th 508 (2009).
  • Murphy v. RGIS Inventory Specialists, LLC, 2007 U.S. Dist. LEXIS 61179 (Aug. 3, 2007).
  • Johnson v. RGIS Inventory Specialists, 554 F. Supp.2d 693 (E.D. Tex. 2007).
  • Wells v. Board of Trustees of California State University, 393 F.Supp.2d 990 (N.D.Cal. 2005).
  • Wolfe v. State Farm Fire & Casualty Insurance Co., 46 Cal.App.4th 554 (1996).
  • Spellman v. Securities, Annuities & Ins. Services, Inc., 8 Cal.App.4th 452 (1992)
  • Fardig v. Hobby Lobby Stores Inc., WL 2810025 (C.D. Cal. June 13, 2014)

Bar Memberships. Cheryl is admitted to practice in all California State Courts, the U.S. Court of Appeals for the Ninth Circuit, the U.S. District Court for the Eastern District of California, the U.S. District Court for the Northern District of California, and the U.S. District Court for the Central District of California.

In General. Cheryl received her bachelor's degree in political science, magna cum laude, from the University of Minnesota.  She received her J.D. from Columbia University Law School.  She is a frequent writer and lecturer on employment law topics, most recently for ACI, Goldman Sachs' 10,000 Small Businesses Program, the California State Bar, Employment Rights Institute, Lorman Education Services and Bridgeport Programs.

 

Representative Matters

Wage and Hour Class / Collective / PAGA Litigation

Cheryl is a recognized national leader in defending multi-party wage and hour actions including state and federal class actions, national FLSA collective actions and Private Attorney General Act (PAGA) representative actions. Recent wage and hour litigation accomplishments include:

  • Settling a statewide putative class action for nuisance value with the named plaintiffs who alleged multiple wage and hour claims (unpaid regular and overtime wages, non-compliant meal and rest periods, untimely final wages, non-compliant itemized wage statements, unpaid/forfeited vacation, and a derivative PAGA claim) against a call center while class certification and summary judgment motions were pending.
  • Defeating conditional certification of a national FLSA collective action filed in the Northern District of California alleging unpaid overtime for all non-exempt employees of a major retailer and getting claims dismissed against individual executives;
  • Compelling a statewide putative class action/PAGA representative action to arbitration on a single plaintiff basis for a national retailer facing multiple wage/hour claims;
  • Obtaining voluntary dismissal of a statewide California putative Labor Code section 212 class action claim alleging check cashing claims and obtaining costs for the employer (following discovery and negotiation);
  • Obtaining complete dismissal of a national FLSA collective action involving "on call" pay and overtime issues for the client's drivers;
  • Prevailing on summary judgment to dismiss entire state wage and hour class action for statutory and contractual overtime claims;
  • Defeating conditional certification of a national class in a FLSA collective action and then prevailing on a decertification motion in a case involving travel pay and overtime issues;
  • Bringing a demurrer to dismiss a Business & Professions Code section 17200 case and having plaintiff voluntarily dismiss this overtime exemption case while the motion was still pending;
  • Resolving a statewide putative independent contractor misclassification class action against an international packaging company through an individual settlement and dismissal of class claims; and

General Labor and Employment Experience

  • Spearheaded national wage and hour audits in multiple industries both: 1) directed at federal and state wage and hour compliance generally and 2) focused on particular issues, e.g., proper classification of exempt employees;
  • Conducted numerous investigations regarding employment and regulatory issues for for-profit and non-profit educational institutions;
  • Managed reductions in force for employers of all sizes while avoiding subsequent litigation;
  • Represented trustee of oil distribution company's Employee Stock Ownership Plan (ESOP) in ERISA litigation against the former trustee and owners obtaining favorable settlement of $13.1 million on behalf of client;
  • Supervised defense of hundreds of single- and multi-plaintiff litigation matters resolved through favorable early settlements, on dispositive motions and at arbitration and trial; and
  • Conducted internal high-level investigations regarding sensitive client issues including investigation for national media chain arising out of statements raised in antitrust trial by newspaper publisher.  

Publications

6/25/2014
Client Alert
The California Supreme Court Upholds Class But Not Representative Action Waivers In Iskanian
4/1/2014
Daily Journal
Commuter Policies Drive Employers to Offer More Benefits
11/19/2013
California HR Newsletter
Practical Tips for “Bring Your Own Devices” (BYOD) Policies and Practices
8/14/2013
Client Alert
Employer Liability Under State Medical Marijuana Laws
3/29/2013
Westlaw Journal Employment
Crowdsourcing: Applying Existing Law to the Future of Employment
10/8/2012
Inside Counsel
An Inside Look at Practice Management Within Law Firms
8/27/2012
Inside Counsel
New Trends in Misclassification Cases
7/30/2012
The Recorder
Employer’s BYOD Dilemma
5/8/2012
First Chair
Meeting the Challenge of Change

Speaking Engagements

9/29/2014
American Conference Institute’s 22nd National Forum
Wage & Hour Claims and Class Actions
6/18/2014
Bridgeport CLE
Drafting Arbitration Agreements in Business, Consumer and Employment Arenas
5/29/2014
American Conference Institute’s 21st National Forum
Wage & Hour Claims and Class Actions
2/20/2014
CFO Alliance Webinar
2014 CFO Sentiment Study Results
1/30/2014
American Conference Institute’s 20th National Forum
Wage & Hour Claims and Class Actions
12/13/2013
Bridgeport CE's Annual Wage & Hour Conference
Increasing the Chance of Success in Settling Wage & Hour Litigation
11/7/2013
NAWL General Counsel Institute
Workplace Bullying: An Examination of Current and Proposed Anti-Harassment Legislation
9/30/2013
American Conference Institute’s 19th National Forum on Wage & Hour Claims and Class Actions
In-House Roundtable: Preventing and Managing Wage and Hour Claims/Class Actions and Best Practices for Selection and Evaluation of Outside Counsel
9/9/2013
Drinker Biddle Webinar
Impact of DOMA and Proposition 8 on California Employers
8/28/2013
First Chair Awards Event
The Top Human Resources Issues for 2014
5/7/2013
American Conference Institute’s 18th National Forum
Wage & Hour Claims and Class Actions
4/24/2013
The Knowledge Congress Webcast
Wage & Hour: Mitigating Risks and Ensuring Compliance in 2013
3/27/2013
PRIMO Roundtable
Bring Your Own Device
3/22/2013
Law Seminars International
Bring Your Own Device Policies for the Workplace
1/24/2013
American Conference Institute
Co-Host of 17th National Forum on Wage & Hour Claims and Class Actions
7/20/2012
Bridgeport Continuing Education
Litigating Discrimination & Harassment Claims
7/19/2012
ACC San Francisco Bay Chapter
Privacy and Social Media - A Contradiction in Terms?
6/21/2012
ACC Chicago Chapter
Privacy and Social Media: A Contradiction in Terms?
5/31/2012
“In-House Roundtable: Preventing and Managing Wage and Hour Claims/Class Actions”
15th Annual ACI Wage & Hour Claims and Class Actions Conference
1/19/2012
Bridgeport Continuing Education -- Mastering the Deposition
1/6/2012
Avoiding the Legal Landmines of Employee Separation and Release Agreements

Wage and Hour Class / Collective / PAGA Litigation

Cheryl is a recognized national leader in defending multi-party wage and hour actions including state and federal class actions, national FLSA collective actions and Private Attorney General Act (PAGA) representative actions. Recent wage and hour litigation accomplishments include:

  • Settling a statewide putative class action for nuisance value with the named plaintiffs who alleged multiple wage and hour claims (unpaid regular and overtime wages, non-compliant meal and rest periods, untimely final wages, non-compliant itemized wage statements, unpaid/forfeited vacation, and a derivative PAGA claim) against a call center while class certification and summary judgment motions were pending.
  • Defeating conditional certification of a national FLSA collective action filed in the Northern District of California alleging unpaid overtime for all non-exempt employees of a major retailer and getting claims dismissed against individual executives;
  • Compelling a statewide putative class action/PAGA representative action to arbitration on a single plaintiff basis for a national retailer facing multiple wage/hour claims;
  • Obtaining voluntary dismissal of a statewide California putative Labor Code section 212 class action claim alleging check cashing claims and obtaining costs for the employer (following discovery and negotiation);
  • Obtaining complete dismissal of a national FLSA collective action involving "on call" pay and overtime issues for the client's drivers;
  • Prevailing on summary judgment to dismiss entire state wage and hour class action for statutory and contractual overtime claims;
  • Defeating conditional certification of a national class in a FLSA collective action and then prevailing on a decertification motion in a case involving travel pay and overtime issues;
  • Bringing a demurrer to dismiss a Business & Professions Code section 17200 case and having plaintiff voluntarily dismiss this overtime exemption case while the motion was still pending;
  • Resolving a statewide putative independent contractor misclassification class action against an international packaging company through an individual settlement and dismissal of class claims; and

General Labor and Employment Experience

  • Spearheaded national wage and hour audits in multiple industries both: 1) directed at federal and state wage and hour compliance generally and 2) focused on particular issues, e.g., proper classification of exempt employees;
  • Conducted numerous investigations regarding employment and regulatory issues for for-profit and non-profit educational institutions;
  • Managed reductions in force for employers of all sizes while avoiding subsequent litigation;
  • Represented trustee of oil distribution company's Employee Stock Ownership Plan (ESOP) in ERISA litigation against the former trustee and owners obtaining favorable settlement of $13.1 million on behalf of client;
  • Supervised defense of hundreds of single- and multi-plaintiff litigation matters resolved through favorable early settlements, on dispositive motions and at arbitration and trial; and
  • Conducted internal high-level investigations regarding sensitive client issues including investigation for national media chain arising out of statements raised in antitrust trial by newspaper publisher.