Brigham Cheney is Of Counsel in the Labor and Employment practice with Paul Hastings in its Orange County, California office. He represents employers in all aspects of labor and employment law, including employee class action lawsuits; traditional labor law; discrimination, harassment, and wrongful termination litigation; breach of contract claims; trade secret, employee mobility, and mass layoff litigation; and executive employment agreements. Mr. Cheney also provides preventative counseling and training in all of these areas.
Mr. Cheney has unique experience in wage-and-hour class action law, having successfully tried two such class actions, in addition to litigating numerous, complex class actions alleging a variety of wage-and-hour claims at both the trial and appellate levels.
Mr. Cheney’s traditional labor practice includes representing employers in collective bargaining negotiations, critical work stoppage scenarios, grievance arbitrations, contract administration, business transactions, technology implementation, and litigation of unfair labor practice charges before the National Labor Relations Board.
Mr. Cheney has participated in the defense of employers at both the trial and appellate levels in state and in federal court. He has a wide array of litigation experience, including all phases of law and motion practice, discovery, mediation, arbitration, and trial.
- Successful jury and bench trials of wage and hour class actions alleging off-the-clock work, failure to pay overtime, and failure to provide meal and rest breaks
- Winning a complete defense judgment after the year-long bench trial of a wage-and-hour class action alleging millions of dollars in damages for off-the-clock work and failure to pay overtime
- Defeating class certification in numerous wage-and-hour class actions alleging exempt misclassification, off-the-clock work, failure to provide meal and rest breaks, pay stub violations, and failure to reimburse
- Negotiating for the Los Angeles/Long Beach Harbor Employers' Association (formed by 14 of the largest container shipping companies and terminal operators in the world) in its collective bargaining negotiations with the ILWU, resulting in a favorable contract after seven-day strike that shut down the Ports of Los Angeles and Long Beach
- Obtaining complete defense awards in the arbitration of claims alleging discrimination, retaliation, and wrongful termination
- Favorable mediation and/or settlement of numerous class and individual employment lawsuits alleging wage-and-hour claims, discrimination, harassment, and wrongful termination
Accolades and Recognitions
Mr. Cheney has been selected by Southern California Super Lawyers as a Rising Star in the field of Employment & Labor Law for five of the last six years (2009, 2010, 2011, 2013, and 2014)
Speaking Engagements and Publications
Mr. Cheney speaks regularly to management and human resources groups regarding a variety of employment law topics, including wage-and-hour compliance, employment discrimination and harassment prevention, health care legislation, disability and accessibility issues, and traditional labor law
“Making Sense of Uncertainty in the Wake of Noel Canning,” ABA Labor and Employment Law FLASH (August 2013)
“Are Your Standard Employment Policies Safe from NLRB Scrutiny?,” O.C. Business Journal (Mar. 18, 2013)
“Recent Developments in Traditional Labor Law,” Practicing Law Institute (Jan. 2013)
“Cal-WARN’s Many Pitfalls,” The Recorder (Sept. 12, 2012)
The University of Chicago Law School, J.D., 2005
Brigham Young University, B.A., 2002 (European Studies/German) (cum laude)