Lisa S. Charbonneau

Lisa S. Charbonneau Associate

Lisa represents cities, counties, and special districts throughout the state in litigation, advice and counsel, and all other matters pertaining to labor and employment law, including investigations, public employee discipline, wage and hour compliance, the Public Safety Officers’ and Firefighters’ Procedural Bill of Rights Acts, and labor relations.  She also works with the firm’s school clients on wage and hour and other education law matters. 

She has secured successful results, including dismissal or summary judgment, for clients in litigation matters ranging from Fair Labor Standards Act (FLSA) collective actions to disability discrimination to First Amendment retaliation.  She has also successfully represented clients before numerous administrative bodies and personnel commissions, including the California Labor Commission, the California Department of Fair Employment and Housing, and the Equal Employment Opportunity Commission.  A significant part of Lisa’s advice and counsel work involves counseling clients on FLSA issues, conducting FLSA audits for clients, reviewing employer compliance with wage and hour laws, and assisting with payroll system upgrades and modifications to achieve compliance with wage and hour laws.  Her practice also includes training on such subjects as harassment, FLSA compliance, freedom of expression in the workplace, fire district/department management, and supervisory skills. 

Lisa received her JD from U.C. Hastings College of the Law in 2006 and was admitted to the California State Bar in December of that year. While at Hastings, Lisa served as an Equal Justice America fellow and received a grant to work on community economic development issues for the City of Detroit. Lisa earned her Bachelor of Arts with Honors in Government from Wesleyan University in Middletown, Connecticut, and soon after that worked at a political magazine, The American Prospect, until she began to pursue her law degree.

Lisa was recognized as a "Rising Star" by Northern California Super Lawyers in 2012, 2013, 2014-2016, and in 2010 received a Community Partner Award for pro bono work with the Transgender Law Center in San Francisco, California. She is a member of the California State Bar's Litigation Section and Women Lawyers of Alameda County. 

Education

  • JD, University of California, Hastings College of Law

  • BA, Wesleyan University

May 31, 2017 Webinars on Demand
The Flores Decision is Here to Stay – What Do California Public Employers Need to Know?

LITIGATION

Douglas Maner v. County of Stanislaus, Birgit Fladager (2016) - Represented the County of Stanislaus and District Attorney Birgit Fladager and secured complete summary judgment after two motions were brought by each defendant. The County and Fladager had conducted investigations against Plaintiff Maner after receiving complaints of misconduct from judges, law enforcement, victims' next of kin, and co-workers. In 2006, Fladager was elected district attorney, and Maner had supported the opposition candidate. In 2013, he resigned his employment, claiming his work conditions were so intolerable because he had not supported Fladager in the election in 2006, that he was forced to resign. Defendants claimed all of the employment actions taken against Maner were non-retaliatory and a result of his bad behavior in the workplace. The court entered summary judgment in favor of the County and Fladager, finding that Maner had failed to show that the actions taken against him were based on his support of an opposition candidate in an election.

Mark James et. al. v. City of Santa Clara (2016) - Represented the City of Santa Clara and secured complete summary judgment on behalf of the City after three motions were brought against each plaintiff. The City had instituted numerous cost-cutting measures to avoid a fiscal crisis, including layoffs. Plaintiffs, all over 40, were laid off and claimed the City's RIF Plan had a disparate impact on older workers, and that these three plaintiffs were subjected to disparate treatment because of their age. City's position was that the layoffs were part of an age-neutral decision, the City was immune from suit for any actions related to the layoffs, and that the three plaintiffs failed to show that City's legitimate, non-discriminatory reasons for the layoffs were.

Education

  • JD, University of California, Hastings College of Law

  • BA, Wesleyan University

May 31, 2017 Webinars on Demand
The Flores Decision is Here to Stay – What Do California Public Employers Need to Know?

Women Lawyers of Alameda County

California State Bar Litigation Section 

Education

  • JD, University of California, Hastings College of Law

  • BA, Wesleyan University

May 31, 2017 Webinars on Demand
The Flores Decision is Here to Stay – What Do California Public Employers Need to Know?

Selected for inclusion in Northern California Super Lawyers Rising Stars in the field of Employment & Labor Law (2012-2017)

Community Partner Award Recipient for Pro Bono Work, Transgender Law Center, (2010)

Education

  • JD, University of California, Hastings College of Law

  • BA, Wesleyan University

May 31, 2017 Webinars on Demand
The Flores Decision is Here to Stay – What Do California Public Employers Need to Know?
Nov 6, 2018

Origins and Applications of the Home Rule Doctrine

Under Article XI, Sections 4 and 5 of the California Constitution, charter cities and counties have exclusive authority to regulate and determine their own municipal affairs, free from intrusion by the state.  These provisions of the Constitution are collectively referred to as the municipal affairs clause and have given rise to what is known as the “home rule” or “municipal affairs” doctrine.  At its essence, the home rule doctrine embodies the principle that a municipality knows its wants and needs better than the state at large.

Sep 11, 2018

Challenges Involved in Paying Non-Exempt Employees for Training and Travel Time: An Example

Many employers struggle with properly paying non-exempt employees who attend courses, conferences, seminars, meetings, and other trainings. In the absence of labor agreement provisions or other agency rules or policies governing this issue, public agency employers must follow the rules of the Fair Labor Standards Act (FLSA) when evaluating whether an employee is entitled to compensation for training time.

Mar 7, 2018

California Supreme Court Rules that State Law Requires a Different Regular Rate of Pay Calculation than the Fair Labor Standards Act

On March 5, 2018, the California Supreme Court issued a decision in the case Alvarado v. Dart Container Corporation, in which employee Hector Alvarado sued his employer under the California Labor Code for back overtime compensation under the theory that his employer had incorrectly calculated his “regular rate of pay.”

Feb 6, 2018

Influenza Season Strikes Again: What Employers Should Do to Minimize the Effects on Your Workforce

Flu season is upon us again. This year hospitals across California have reported unusually high numbers of patients with flu-like symptoms  and news outlets say this flu season is on track to being the worst in 10 years.   What, if anything, can employers do to manage and minimize the effects of flu season on employees?

Nov 7, 2017

California Supreme Court Lets Stand New Case on Officers’ Rights to Discovery Prior to Second Interrogation

On October 18, 2017, the California Supreme Court denied review of Santa Ana Police Officers Association, et al. v. City of Santa Ana et al., a decision from the Fourth District Court of Appeal involving information (sometimes referred to as “discovery”) that must be provided to a law enforcement officer in connection with a disciplinary interrogation under the Public Safety Officers Procedural Bill of Rights Act (POBRA).  

Jul 10, 2017 Press Release

Nine LCW Attorneys Selected to the List of 2017 Northern California Super Lawyers and Rising Stars

We are proud to announce that nine LCW attorneys were recognized by the Super Lawyers for their work in labor and employment law.

Education

  • JD, University of California, Hastings College of Law

  • BA, Wesleyan University

May 31, 2017 Webinars on Demand
The Flores Decision is Here to Stay – What Do California Public Employers Need to Know?
8 April 2019
Speaking Engagements

FLSA Update

National Public Employer Labor Relations Association (NPELRA) Annual Training Conference Scottsdale
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13 February 2019
Customized Trainings

Preventing Workplace Harassment, Discrimination and Retaliation

Midpeninsula Regional Open Space District Los Altos
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6 February 2019
Customized Trainings

Preventing Workplace Harassment, Discrimination and Retaliation

Midpeninsula Regional Open Space District Los Altos
Read more
13 December 2018
Customized Trainings

Preventing Workplace Harassment, Discrimination and Retaliation

City of Sunnyvale Sunnyvale
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12 December 2018
Customized Trainings

Preventing Workplace Harassment, Discrimination and Retaliation

Santa Clara County Fire Department Los Gatos
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6 December 2018
Speaking Engagements

Understand The Regular Rate Of Pay With Five Payroll Examples

California Public Employer Labor Relations Association (CALPELRA) Annual Conference Monterey
Read more

Education

  • JD, University of California, Hastings College of Law

  • BA, Wesleyan University

May 31, 2017 Webinars on Demand
The Flores Decision is Here to Stay – What Do California Public Employers Need to Know?
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