Brian D. Bertossa

In a practice that encompasses labor and employment law and construction law, Brian is known for his dedication to helping his clients avoid litigation through education and counseling, and for a tough, creative approach to litigation when it can’t be avoided.

Brian counsels employers on all aspects of labor and employment law, with particular expertise in preventative measures against and defense of wrongful termination, employment discrimination and sexual harassment suits in state and federal courts, and defense of claims before the California Labor Commissioner, Division of Labor Standards Enforcement, and the courts. He also represents employers before the National Labor Relations Board and in arbitrations conducted under the requirements of collective bargaining agreements.

His construction practice includes all aspects of mechanic’s lien, stop payment notice, payment bond, and construction claims actions, as well as bidding disputes, contract review, and prevailing wage issues on state and federal public works.

Brian is also known for his work in sexual harassment prevention training for supervisors, defense of employers before the Workers’ Compensation Appeals Board in Serious and Willful actions and retaliation actions arising under Labor Code §132a.

He is licensed to practice before all California state courts and before the Eastern and Northern federal district courts of California.

Results

• Defended contractors and home healthcare employers against class action wage and hour complaints.
• Defended contractors against audits conducted by the U.S. Department of Labor over compliance with wage and hour laws and the Davis-Bacon Act.
• Defended a transportation company against claim of race discrimination.
• Prosecuted lawsuit for payment on behalf of rebar supplier against general contractor and payment bond surety.

Publishing

• Best Practices for Responding to Personnel Record Requests
• California Broadens Definition of “Public Works” to Cover On-Hauling of Certain Materials
• Podcast: Payment Remedies for California Contractors
• DIR’s eCPR is Back Under Enforcement
• At-Will Manager Can be Discharged for Obstructing Internal Investigation

Speaking

Community

• Construction Financial Management Association (CFMA)
• Board of Trustees, Sacramento Waldorf School

Honors