Eric Distelburger is of counsel in the Employment Law practice of Paul Hastings, based in the firm’s San Francisco office.  

Eric has more than a decade of experience representing employers in their most complex labor and employment needs. An excellent writer and persuasive oral advocate, Eric has taken multiple cases to trial and up on appeal. Recently, he helped secure a precedent-setting decision overturning a jury verdict against his client on a defamation claim.

Wage-Hour Defense: Eric specializes in defending employers in wage-hour class actions, with a particular expertise in defending PAGA actions — a topic he has lectured about repeatedly. He has successfully opposed class certification, prevailed on the merits, significantly limited the scope of PAGA actions and otherwise developed unique and tailored strategies to limit liability and achieve successful results for his clients. As part of his wage-hour practice, Eric works closely with his clients to develop and implement compliant policies and practices to help mitigate existing and future risk. 

Arbitration Agreements: Eric is an expert in drafting and enforcing arbitration agreements — which requires that he stay up to date with an ever-changing regulatory landscape. Eric provides advice to clients on how to roll out and/or revamp their arbitration programs, and he has significant experience litigating enforcement issues, including challenges to contract formation, unconscionability and the viability of class and PAGA waivers. Eric has taken up multiple appeals from denials of enforcement of arbitration agreements. He is currently before the Ninth Circuit Court of Appeals challenging the application of the transportation worker exemption to the Federal Arbitration Act.   

Equal Employment Opportunity Defense: Eric has litigated dozens of discrimination, harassment, retaliation and wrongful termination cases, including single plaintiff, multi-plaintiff and class claims. He is a frequent lecturer on this topic for the National Employment Law Institute and has authored multiple papers on EEO developments. Eric also has significant experience defending employers against Equal Pay Act claims, including several that have been brought on class and PAGA bases on behalf of tens of thousands of employees. In addition to his litigation work, maintains a robust EEO counseling practice. He works closely with clients advising federal contractors and private sector employers as to best practices in light of the recent executive orders targeting diversity, equity and inclusion programs, and is frequently called upon to provide counseling to clients facing employee activism in the workplace. 

Trade Secret Litigation: Eric also specializes in trade secret litigation, particularly in bringing claims offensively. He was a key member of a trial team involving a founders’ dispute involving trade secret misappropriation and other business tort claims that resulted in a five-week bench trial. 

Traditional Labor: Eric also has significant experience representing employers in traditional labor matters. In law school, Eric clerked for the National Labor Relations Board, Division of Judges. Since graduating, Eric has always maintained a traditional labor practice, including representing employers in collective bargaining negotiations and defending employers against unfair labor practice charges.

• The George Washington University Law School, J.D., 2012 (graduated with honors; Thurgood Marshall Scholar; Recipient, American Bar Association/Bureau of National Affairs Award).
• Cornell University, B.S. in Industrial Labor Relations, 2009.