Arlin Kachalia

Arlin Kachalia Associate

Arlin Kachalia, an associate in the San Francisco office of Liebert Cassidy Whitmore, is experienced in various aspects of litigation before state and federal courts, from handling trial, law and motion, mediation, settlement and appeal matters. She has extensive deposition and written discovery experience and considerable litigation expertise in handling discrimination, harassment, and retaliation causes of action, for both local agency and education clients. Arlin represents the firm's clients in all aspects of employment law including responding to EEOC/DFEH charges, advising on employee discipline, drafting disciplinary notices and reprimands, reviewing policies, advising on family and medical leave, and conducting interactive process meetings. Arlin has also advised clients on matters pertaining to the Ralph M. Brown Act, Public Records Act, and conflicts of interest.

Arlin has worked on a number of education law matters and provides advice and counsel to school and community college districts regarding the Education Code and in such areas as employee discipline and other personnel matters. She has handled numerous labor matters, including grievances and unfair practice charges.

She has also authored Chapter 1 (Hiring) of the California Public Sector Employment Law book, State Bar of California/LexisNexis (2011).

Arlin received her Juris Doctorate at the Emory University School of Law in Atlanta and was admitted to the California Bar in 1997. She received her Bachelor of Arts degree in Political Economy from the University of California, Berkeley.

Education

  • JD, Emory University School of Law, Atlanta, Georgia

  • BA, University of California, Berkeley

APPELLATE

Balestrieri et al v. Menlo Park Fire Protection District (2015) - Successfully defended the District against firefighters' claims, alleging that the District was obligated to pay for time spent traveling between fire station to pick up or drop off "turnout gear," before or after voluntary overtime shifts. The firefighters also claimed that the District should have included, in the regular rate calculation for overtime, the amount of money the District cashed out to employees for unused time in their "Annual Leave" bank. The firefighters claimed that the unused Annual Leave was akin to unused sick leave, which must be included in the regular rate. After the District successfully moved for summary judgment on both claims, the firefighters appealed. The Ninth Circuit affirmed the District Court's decision and held that under the Fair Labor Standards Act, the travel time was not compensable. The Ninth Circuit also agreed that because the cashouts of annual leave were made in order to reduce the District's liability for banked leave hours, the unused leave was not akin to sick leave and therefore did not have to be included in the regular rate used to calculate overtime.

Coats v. San Mateo County Harbor District, et al (2010) - Employment discrimination lawsuit in the California Court of Appeal.  The plaintiff claimed that the District's investigation into his misconduct and resulting discipline was discrimination on the basis of his disability. The Court of Appeal agreed with our arguments that the District's investigation and disciplinary appeal procedures were protected activity under the Anti-SLAPP statute (CCP section 425.16) and ordered the plaintiff to pay the City's attorneys' fees in the Court of Appeal and Superior Court.

LAUSD v. Commission on Professional Competence (Matthew In Ho Kim) (2009) - Represented LAUSD in this favorable decision to overturn the decision of the Commission on Professional Competence. The Trial Court emphatically upheld the right of the District to terminate him, and the Court of Appeal agreed, but the CPC defied both courts and ordered him reinstated again. The Trial Court ruled in the District's favor a second time, and also ordered the CPC to proceed with the dismissal despite the fact that Kim had appealed again. The Court of Appeal upheld the trial court a second time, ordering that there was no need or reason to remand the case to the CPC which had previously defied the trial court.

LITIGATION

Henderson v. Victor Valley Community College District Board of Trustees (2007) - Multiple causes of action case. At least one cause of action was dismissed at the demurrer stage. The District won a motion for summary adjudication of additional causes of action and the District won a court trial on the rescission cause of action. The remaining cause of action for defamation was settled by the individual plaintiff.

PERB

SEIU Local 1021 v. County of Calaveras (2012) - PERB adopted the ALJ's dismissal of an unfair practice charge alleging that the County violated the Meyers-Milias-Brown Act (MMBA) by violating its own local rule.  The County had approved a mixed unit of non-safety and safety employees as requested in a severance petition filed by the Calaveras County Public Safety Employees Association.  While the County's local rule, as contained in its employer-employee relations ordinance, provided that peace officers must be represented in separate units composed solely of such peace officers, the County interpreted this rule consistent with past practice of allowing such mixed units.  PERB agreed that the County's rule, as applied, did not violate the MMBA and dismissed the charge.

Education

  • JD, Emory University School of Law, Atlanta, Georgia

  • BA, University of California, Berkeley

"Top Women Attorneys in Northern California," San Francisco Magazine, (2013)

Selected for inclusion in Northern California Super Lawyers Rising Stars in the field of Employment & Labor Law, (2013)

Selected for inclusion in Southern California Super Lawyers Rising Stars in the field of Employment & Labor Law, (2007)

Education

  • JD, Emory University School of Law, Atlanta, Georgia

  • BA, University of California, Berkeley

Contact Us

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info@lcwlegal.com

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