
Raymond W. BertrandRaymond W.Bertrand
Partner, Employment
Raymond Bertrand is chair of the San Diego Office and a partner in the Employment Law Department.
Raymond is one of the nation’s premier litigators. A skilled trial attorney with more than 20 defense verdicts, he has represented numerous Fortune 500 companies in their most challenging, high-profile employment cases. Raymond is equally adept at helping his clients navigate the court of public opinion, helping protect their interests and reputations by working closely with media and communications professionals.
An innovative, out-of-the-box thinker and unrelenting advocate, Raymond has pioneered several successful strategies to dismantle even the strongest cases. A veteran in the field of complex, wage-and-hour litigation, Raymond is the catalyst behind several published decisions concerning issues of first impression that benefitted not only his clients, but also tens of thousands of other employers.
Financial services firm: In a landmark victory for the financial services industry, defeated conditional certification and subsequently obtained summary judgment against three named plaintiffs in a “bet-the-company” action challenging the decision to classify more than 7,000 financial advisors as independent contractors.
Insurance company: Prevailed on motion for summary judgment against named plaintiff in putative class/PAGA action exempt status misclassification lawsuit.
- Employment and Litigation — Labor and Employment
Best Lawyers (2023-present)
"Hot-Button Provisions in Employee Agreements and Workplace Policies", Bender’s California Labor & Employment Bulletin, Co-Author
May 2022
"Non-Compete Agreements: The Tight Grip in California and the Tightening Grip Nationwide", Bender’s California Labor & Employment Bulletin, Co-Author
March 2021
"5 Key Terms to Include in Remote Employee Work-From-Home Agreements", Bender’s California Labor & Employment Bulletin, Co-Author,
October 2020
"The New FLSA Joint Employer Regulations", Bender’s California Labor & Employment Bulletin, Co-Author
April 2020
"One Year In: Grappling With Dynamex’s Requirement That Independent Contractors "Perform Work Outside the Usual Course of the Hiring Entity’s Business" - Understanding Part B of the "ABC Test"", Bender’s California Labor & Employment Bulletin, Co-Author
May 2019
"Minimum Wage and Overtime for "Independent Contractors"? The California Supreme Court’s Dynamex Decision Installs a New "ABC" Test for Determining if a Worker Can Qualify as an Independent Contractor for Purposes of IWC Wage Orders", Bender’s California Labor & Employment Law Bulletin, Co-Author
May 2018
"California’s New Parent Leave Act: What Employers are Covered and What Handbook Policy Changes are Warranted?", Bender’s California Labor & Employment Bulletin, Co-Author
December 2017
"Screening Your Employment Application: Out With the Old? (Old Questions, That Is)", Bender’s California Labor & Employment Law Bulletin, Co-Author
June 2017
"California Supreme Court Replaces Tests for Determining Independent Contractor Status", Bender’s California Labor & Employment Bulletin, Author
June 2017
"Preparing for Dynamex: California Supreme Court Set to Decide Legal Standard for Determining Independent Contractor Status", Bender’s California Labor & Employment Bulletin, Author
June 2017
"Under New Law, California’s Agricultural Workers Now Entitled to the Same Overtime Pay, Meal Period, Day of Rest, and Other Wage and Hour Protections as Other Non-Exempt Workers", Bender’s California Labor & Employment Bulletin, Co-Author
October 2016
"Government Creep Into Private Employer Policies", Bender’s California Labor & Employment Bulletin, Co-Author
May 2016
"A Critical Review of the U.S. Labor Department Wage and Hour Division Administrator’s Interpretation (No. 2015-1) on Misclassification of Independent Contractors Under the Federal Fair Labor Standards Act", Bender’s California Labor & Employment Bulletin, Author
January 2016
""Joint Employers" Under the Amended California Family Rights Act Regulations Effective July 1, 2015: How Do FMLA Standards Fit In?", Bender’s California Labor & Employment Bulletin, Co-Author
May 2015
"An Employee By Any Other Name . . . Is Still An Employee. Guidance on California’s Common Law Test for Determining Employee Status", Bender’s California Labor & Employment Bulletin, Co-Author
January 2015
"Navigating California’s Wage-and-Hour Laws Calls for Planning, Precision", Bloomberg BNA Daily Labor Report, Co-Author
December 2014
"Navigating California’s Wage-and-Hour Law Calls for Planning and Precision", Daily Labor Report, Author
November 2014
"President Obama’s Directive That the Labor Department "Update" and "Modernize" the FLSA Overtime Exemptions: What does it Mean?", Bender’s California Labor & Employment Bulletin, Author
July 2014
"Best Practices in Outsourcing Agreements", Bender’s Labor & Employment Bulletin, Author
February 2014
"Best Practices in Drafting Independent Contractor Agreements", Bender’s Labor & Employment Bulletin, Author
August 2013
"MCLE", Survey of Connecticut Employment Libel Law, Author
September 2012
"Employee or Independent Contractor: How to Preserve Independent Contractor Status in an Increasingly Hostile Environment", Docket (publication of Association of Corporate Counsel), Co-Author
April 2011
"Workplace Restructurings: Avoiding Costly Wage and Hour Mistakes", Bloomberg Labor & Employment Report, Co-Author
March 2009
"Family Leave Rules Affect Military Personnel: Employers Must Also Step Up Efforts to Publicize FMLA Benefits", Connecticut Law Tribune, Author
January 2009
"U.S. Department of Labor Issues New FMLA Regulations Effective January 16, 2009", Bender’s California Labor & Employment Bulletin, Author
December 2008
"U.S. Department of Labor Issues Final Regulations on Family and Medical Leave", Paul Hastings Client Alert, Co-Author
November 2008
"New Leave Rules Provide Guidance for Military Families", Daily Journal Newswire Articles, Author,
November 2008
"Survey of Connecticut Employment Libel Law", Co-author
November 2008
"Employment Class Actions Plague Pharmaceutical Industry", Pharmaceutical Law Insight, Co-Author
August 2008
"California Court of Appeal Clarifies State Meal and Rest Period Requirements in Brinker Restaurant Corporation", Paul Hastings Client Alert, Co-Author
July 2008
"What Certifications are Required for the New Types of Leave?", ABA Committee News, Author
April 2008
Member
San Diego County Bar Association
Lieutenant
United States Navy, Judge Advocate General’s Corps (1995-2000)
- "Emerging Issues in Employment Law", 60-minute live online presentation to American Corporate Counsel Association, PresenterJune 2017
- "Drafting Independent Contractor Agreements", 60-minute live online presentation, hosted by Webcredenza, PresenterJune 2017