T. Oliver Yee

T. Oliver Yee Partner

Oliver provides representation and legal counsel to Liebert Cassidy Whitmore's city, county, special district, school and community college district, and public safety clients.  His practice involves representing and advising clients on a variety of labor and employment issues including labor negotiations, personnel rules and policies, the Fair Labor Standards Act, laws and regulations of public employment retirement plans, unfair labor practices, employee grievances, leave and disability issues, and disciplinary actions.

Oliver is an experienced labor negotiator, having represented public agency clients as their chief negotiator in all aspects of the negotiations process, from the pre-negotiations planning phase up to and including impasse and fact finding.  He has also successfully represented clients before the Public Employment Relations Board, and regularly provides advice and counsel on negotiations and labor relations strategy.  In addition, Oliver regularly provides advice and counsel on retirement issues, and has successfully represented clients on appeals involving CalPERS and disability retirement determinations.

Oliver also specializes in providing audit services.  He relies on his vast experience in labor relations and litigation to bring thoughtful and innovative review and analysis to the audit process.  He is an author of the Liebert Model Personnel Policy Portal (LMP3), a set of model personnel policies for public agencies, and regularly audits personnel rules, administrative policies, and employee handbooks.  In addition, Oliver’s successful representation of clients in FLSA litigation enables him to be an effective auditor on FLSA-related issues.  

Oliver has successfully represented clients in class action matters involving the FLSA, and single plaintiff litigation employment matters in both state and federal court from inception through discovery, pre-trial proceedings, and settlement or trial.  He has also successfully defended agencies in disciplinary actions, and regularly advises clients on disciplinary matters.

Oliver is a prolific and dynamic presenter in Liebert Cassidy Whitmore's training program.  He regularly trains governing bodies, managers, supervisors and human resources personnel.  He also frequently presents at public sector conferences on relevant labor and employment topics.  Oliver relies on his extensive training experience to provide proactive preventative advice and counsel to clients.

In 2013, 2014 and 2015, Oliver was named a Southern California Super Lawyers Rising Star – Labor and Employment Law.

Education

  • JD, Washington University School of Law, St. Louis

  • BA, Washington University, St. Louis

  • MA, Washington University, St. Louis

LITIGATION

Association for Los Angeles Deputy Sheriffs, et al. v. County of Los Angeles, et al. (2012) - Handled a Fair Labor Standards Act collective/class action case where the U.S. District Court granted a County law enforcement employer's summary judgment motion. The lawsuit involved the "donning and doffing" claims of approximately 3,000 deputy sheriffs in two different, yet consolidated, collective action lawsuits filed against the County and its Sheriff (collectively "the County"). The district court also granted the County's motion to decertify the remaining "off-the-clock" work claims. The district court's rulings effectively ended two large collective/class action lawsuits after several years of litigation.

Rosales v. County of Los Angeles (2011) - This FLSA collective action sought compensation for unreported overtime and certification of a class of 700 IHSS social workers who evaluated IHSS recipients' needs and made recommendations regarding the services to be performed by IHSS providers.  We successfully defeated plaintiffs' attempt to certify the class and limited the case to just one social worker.  The case then settled for nuisance value.

Petersen Law Firm v. City of Los Angeles (2009 and 2013) - Represented City and individual defendants in an action in which they prevailed on an Anti-SLAPP motion in a case challenging investigation of police officers. After the matter was appealed and remanded, the trial court reconsidered the City's motion for attorney's fees and ruled that the City was entitled to recover the entire amount of attorney's fees and costs it requested.

Bentley v. County of Los Angeles, et al (2009) - In a federal lawsuit a County client defeated a motion for conditional certification of a collective action filed by a potential lead plaintiff in a Fair Labor Standards Act ("FLSA") wage and hour action.

NEGOTIATIONS

Orange County Cemetery District - Oliver served as chief negotiator during MOU negotiations, and successfully negotiated a labor agreement between the District and its miscellaneous employee unit.

City of Whittier - Oliver served as chief negotiator during MOU negotiations with the City's miscellaneous employee unit.

City of Cudahy - Oliver served as chief negotiator during MOU negotiations with the City's miscellaneous employee unit.

The Accelerated School - Oliver is currently serving as chief negotiator during collective bargaining negotiations with the school's miscellaneous and teacher employee units.

City of Redlands - Oliver served as chief negotiator during MOU negotiations, and successfully negotiated labor agreements between the City and its safety employee groups.

City of La Verne - Oliver served as chief negotiator during MOU negotiations. He also represented the City in factfinding and impasse proceedings, which resulted in the implementation of terms and conditions of employment for a safety employee group.

City of Sierra Madre - Oliver has provided advice and counsel over the years during the City's MOU negotiations and in its labor relations with its employee groups.

Education

  • JD, Washington University School of Law, St. Louis

  • BA, Washington University, St. Louis

  • MA, Washington University, St. Louis

Selected for inclusion in Southern California Super Lawyers Rising Stars in the field of Labor and Employment, 2013-2015

Education

  • JD, Washington University School of Law, St. Louis

  • BA, Washington University, St. Louis

  • MA, Washington University, St. Louis

Sep 19, 2017

Negotiating Modifications and Coalition Bargaining

We are excited to continue our video series – Tips from the Table. In these monthly videos, members of LCW’s Labor Relations and Collective Bargaining practice group will provide various tips that can be implemented at your bargaining tables. We hope that you will find these clips informative and helpful in your negotiations.

May 24, 2016

Independent Contractor = No CalPERS Membership, Right? Not so Fast!

The use of independent contractors in the public sector is becoming more and more common. With rising pension costs coupled with budget cuts, utilizing an independent contractor in lieu of an employee to provide services may be considered a cost-effective approach.  These independent contractors can take the form of a “temp worker” or a specialized professional.  But, just because the agency and the independent contractor (or the contractor’s employment/temp agency) agree pursuant to a contract that the individual serves in an “independent contractor” capacity does not mean that CalPERS will consider the individual a contractor for the purpose of qualification for CalPERS membership.  Rather, CalPERS applies the common law definition of “employee” to determine whether the individual is a contractor or employee, irrespective of the parties’ contractual agreement regarding the nature of the relationship.  The common law test for whether an individual provides services as an employee considers several factors.  But, the single most important factor is whether the employer controls the manner and means of accomplishing the result desired.

Apr 14, 2016

Prevention, Prevention, Prevention! It's Time to Audit Your Agency's Personnel Rules

Prevention of liability starts with auditing your agency's personnel rules.

Apr 13, 2016

Top 5 Questions for Conducting MOU Review

In these monthly videos, members of LCW’s Labor Relations and Negotiations Services practice group will provide various tips that can be implemented at your bargaining tables. 

Jul 24, 2015

Achieving Brown Act Success: What Are The Top Five "Dos And Don'ts" For Closed Session?

The Ralph M. Brown Act, Government Code section 54950, et seq., commonly...

May 6, 2015

Drafting MOU Language Following a Tentative Agreement

In these monthly videos, members of LCW’s Labor Relations and Negotiations Services practice group will provide various tips that can be implemented at your bargaining tables. 

Education

  • JD, Washington University School of Law, St. Louis

  • BA, Washington University, St. Louis

  • MA, Washington University, St. Louis

17 May 2018
Consortium Trainings

Moving Into The Future

Los Angeles County Human Resources Los Angeles
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10 May 2018
Consortium Trainings

12 Steps to Avoiding Liability

East Inland Empire ERC Fontana
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10 May 2018
Consortium Trainings

Moving Into the Future

East Inland Empire ERC Fontana
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11 April 2018
Consortium Trainings

A Supervisor's Guide to Labor Relations

San Gabriel Valley ERC Alhambra
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11 April 2018
Consortium Trainings

Moving Into The Future

San Gabriel Valley ERC Alhambra
Read more
16 March 2018
Consortium Trainings

FLSA: New Developments and Hot Topics

SCCCD ERC Anaheim
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Education

  • JD, Washington University School of Law, St. Louis

  • BA, Washington University, St. Louis

  • MA, Washington University, St. Louis

Contact Us

General Inquiries

info@lcwlegal.com

Contact a Specific Office

Our Locations

Media Inquiries

Please contact Cynthia Weldon, Director of Marketing & Training, 310.981.2000.

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