Lisa S. Charbonneau

Lisa S. Charbonneau Associate

Lisa represents cities, counties, and special districts throughout the state as a negotiator, litigator, and trusted advisor in all matters pertaining to labor and employment law.  She has extensive experience in Fair Labor Standards Act (FLSA) and wage and hour compliance, the Public Safety Officers' and Firefighters' Procedural Bill of Rights Acts, disciplinary matters, and labor relations.  She also works with the firm's school clients on wage and hour matters.

Lisa has secured successful results, including dismissal or summary judgment, for clients in litigation matters ranging from FLSA collective actions to disability discrimination to First Amendment retaliation to independent contractor misclassification.  She has also successfully represented clients before the California Labor Commissioner, the U.S. Department of Labor, 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 FLSA compliance, discrimination and harassment, ethics, risk management, and supervisory skills.

She has served as chief negotiator for small and large public agencies in labor negotiations with law enforcement associations, the Teamsters, SEIU 2015 Long Term Care Workers, and various employee associations. Lisa takes a hands-on approach to bargaining and strives to be highly responsive to the unique needs of each client and their governing body.  

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.

Education

  • JD, University of California, Hastings College of Law

  • BA, Wesleyan University

LITIGATION

Burris v. City of Petaluma (2019) – U.S. District Court, Northern District.  Fair Labor Standards Act collective action involving firefighter overtime.  Court approved settlement and case dismissed with prejudice.

Valentine et al. v. Sacramento Metropolitan Fire District (2019) – U.S. District Court, Eastern District.  Fair Labor Standards Act collective action involving more than five hundred firefighters.  Court approved settlement and case dismissed with prejudice.

Spiller v. City of Petaluma (2018) – U.S. District Court, Northern District.  Fair Labor Standards Act collective action involving police department employees.  Court approved settlement and case dismissed with prejudice.

Baskin et al. v. City of San Luis Obispo (2018) – U.S. District Court, Central District.  Multi-plaintiff Fair Labor Standards Act case.  Court approved settlement and case dismissed with prejudice.

Hoffman v. County of Butte (2017) – U.S. District Court, Eastern District.  Fair Labor Standards Act collective action brought by sheriff’s department employees.  Court approved settlement and case dismissed with prejudice.

Stewart v. County of Amador (2017) – U.S. District Court, Eastern District.  Fair Labor Standards Act collective action.  Court approved settlement and case dismissed with prejudice.

Alviso et al. v. City of San Rafael (2017) – U.S. District Court, Northern District.  Fair Labor Standards Act collective action.  Court approved settlement and case dismissed with prejudice.

Anderson et al. v. Marinwood Community Services District (2017) – U.S. District Court, Northern District.  Multi-plaintiff Fair Labor Standards Act case.  Court approved settlement and case dismissed with prejudice.

Drobish et al. v. City of Citrus Heights (2017) – U.S. District Court, Eastern District.  Fair Labor Standards Act collective action.  Court approved settlement and case dismissed with prejudice.

Maner v. County of Stanislaus, Birgit Fladager (2016) – U.S. District Court, Eastern District.  Represented County and District Attorney.  Secured complete summary judgment for County and District Attorney in first amendment retaliation claim brought by a former deputy district attorney. 

James et. al. v. City of Santa Clara (2016) – Santa Clara County Superior Court.  Represented City and secured complete summary judgment for City in age discrimination claim brought by three plaintiffs. 

Education

  • JD, University of California, Hastings College of Law

  • BA, Wesleyan University

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

Nov 19, 2019

DOL Proposes New Rule to Broaden Application of Fluctuating Workweek Method of Calculating Overtime

There are two ways an FLSA covered employer may pay a nonexempt employee a fixed salary: the employer may pay a salary for a specific number of hours each week or the employer may pay a salary for whatever number of hours are worked in the week.  Payment of a fixed salary for fluctuating hours of work – referred to as a Fluctuating Workweek – is permitted by existing Department of Labor (DOL) guidelines at 29 CFR section 778.114, subject to certain conditions, including a mutual understanding of the parties regarding the compensation arrangement.

Sep 13, 2019

DOL May Update Overtime Rate Regulations for First Time in 50 Years

Peter Brown and Lisa Charbonneau authored an article for the Daily Journal that discusses the proposed new rules on the Fair Labor Standards Act (FLSA)’s regular rate of pay requirements by the Department of Labor (DOL). If and when the final rules are issued, this revision would be the first substantive change to the DOL’s regular rate guidelines in 50 years.

Jul 23, 2019

PERB Holds that Its Jurisdiction Includes Claims Brought By Employee Organizations that Represent Police Officers and Deputy Sheriffs

On July 15, 2019, the Public Employment Relations Board (PERB) issued a decision in the case,  Association of Orange County Deputy Sheriffs v. County of Orange, PERB Decision No. 2657-M.  At issue in the case was whether PERB has jurisdiction to hear claims brought by employee organizations that represent peace officers as that term is defined in Penal Code 830.1, and whether the County was obligated to bargain changes to an ordinance creating an Office of Independent Review (OIR) that advised the Sheriff-Coroner on certain in-custody incidents and complaints against law enforcement personnel.  

May 28, 2019

A 3.8 Million Dollar Jury Verdict Is A Good Reminder That The FLSA Guarantees Break Time For Nursing Mothers

A recent jury decision from the federal trial court in Arizona shows how expensive it can be to ignore a federal law that requires employers to provide mothers with nursing children accommodations to express breast milk.

Apr 1, 2019

DOL Proposes Changes to the Rules Governing Payments to Exclude from the Regular Rate

This Special Bulletin was authored by Lisa S. Charbonneau

On March 29, 2019, the Department of Labor (DOL) published proposed new rules on the Regular Rate requirements (i.e., the rate at which overtime must be paid) under the Fair Labor Standards Act (FLSA).  The proposed rules may be found here.  The comment period for the proposed rules closes on May 28, 2019.

Mar 21, 2019

New DOL Opinion Letter Addresses Employers’ Obligation to Designate FMLA Leave

Should your agency permit employees to use their available paid leave accruals prior to designating leave as Family Medical Leave Act (FMLA)-qualifying, even if your agency knows the leave is FMLA qualifying from the start?  A new Department of Labor (DOL) Opinion Letter issued by the Acting DOL Wage & Hour Administrator explains that employers that delay designation of FMLA-qualifying leave more than five days violate the FMLA.  Consistent with the new DOL Opinion Letter, employers should run FMLA once on notice of an FMLA qualifying event.

Education

  • JD, University of California, Hastings College of Law

  • BA, Wesleyan University

28 April 2020
Speaking Engagements

FLSA Update

National Public Employers Labor Relations Association (NPELRA) Annual Training Conference Austin
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21 April 2020
Consortium Trainings

Leaves, Leaves and More Leaves

Bay Area ERC Hayward
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21 April 2020
Consortium Trainings

Prevention and Control of Absenteeism and Abuse of Leave

Bay Area ERC Hayward
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9 January 2020
Consortium Trainings

Legal Issues Regarding Hiring and Promotion

San Mateo County ERC Brisbane
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10 December 2019
Customized Trainings

Preventing Workplace Harassment, Discrimination and Retaliation

City of Mountain View Mountain View
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3 December 2019
Customized Trainings

Embracing Diversity

City of Los Altos Los Altos
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Education

  • JD, University of California, Hastings College of Law

  • BA, Wesleyan University

Contact Us

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info@lcwlegal.com

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Media Inquiries

Please contact Cynthia Weldon, Director of Marketing & Training, 800.981.2000.

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