Richard Bolanos

Richard Bolanos Partner

Richard (Rick) Bolanos has an exclusive practice representing California cities, counties and special districts in labor relations, negotiations, representation in disciplinary proceedings, arbitration of grievances, investigations, mediations, fact-finding hearings and specialized representation in investigation of employee discipline, harassment and discrimination matters. In addition, Rick provides special counsel to public agencies concerning public safety department formation, consolidation and dissolution procedures and he is one of the firm's specialists in Fair Labor Standards Act (FLSA) consultation and litigation.

Rick has conducted training programs and seminars on employer-employee relations before the California Public Employer Labor Relations Association (CalPELRA), the National Employment Law Institute (NELI), the Fire Districts Association of California (FDAC), the Napa-Solano Chapter and Mother Lode Chapter of the International Public Management Association for Human Resources (IPMA-HR), the Solano County Police Chiefs' Association, California Public Employee Relations (CPER), the California Sanitation Risk Management Authority and the California State Association of Counties Institute for Local Government. In addition, Rick has also provided intensive training sessions to individual clients regarding such current issues as Sexual Harassment, Compliance with the Americans Disabilities Act (ADA), the Fair Labor Standards Act (FLSA) and Public Employee Discipline.

Rick's published opinions include Barner v. City of Novato (9th Cir. 1994) 17 F.3d 1256; Zazueta v. County of San Benito (1995) 38 Cal.App.4th 106; Stanley v. City of Tracy (9th Cir. 1997) 120 F.3d 179; Imada v. City of Hercules (9th Cir. 1998) 138 F.3d 1294; Papadopoulos v. Modesto Police Department (E.E. CA. 1998) 31 F.Supp.2d 1209; and Robinson v. Manteca, 78 Cal.App.4th 472, 92 Cal.Rptr.2d 748 (3rd Dist.).

Rick was the San Francisco Office's Managing Partner for 15 years until 2016 when he transitioned back to full-time law practice.

Education

  • JD, Santa Clara University School of Law

  • MA, San Jose State University

  • BA, San Francisco State University

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.

NEGOTIATIONS

City of Los Altos - Two General Units.

County of Sonoma - Safety and Non-Safety Units.

County of Contra Costa - Three General Units.

West Valley Mission CCD - Safety and Faculty Units.

City of Pleasant Hill - Police and Management Units.

Novato Fire Protection District - Firefighter Unit.

Menlo Park Fire Protection District - Firefighters Unit.

County of Mariposa - Deputy Sheriff and Miscellaneous Units.

City of San Luis Obispo - Public Safety and Miscellaneous Units.

San Diego County Water Authority - Miscellaneous Units.

County of Napa - Miscellaneous Units.

City of Marina - Public Safety and Miscellaneous Units.

Education

  • JD, Santa Clara University School of Law

  • MA, San Jose State University

  • BA, San Francisco State University

Selected for inclusion in Northern California Super Lawyers (2008-2009, 2012-2017)

Education

  • JD, Santa Clara University School of Law

  • MA, San Jose State University

  • BA, San Francisco State University

May 9, 2018

California Supreme Court Adopts New “ABC Test” for Classification of Independent Contractors: Potential Risk and Impact on Public Agencies

On April 30, 2018, the California Supreme Court issued a decision in the case of Dynamex Operations West, Inc. v. Superior Court (S222732), in which it established a new and more streamlined legal test to determine whether a worker should be classified as an independent contractor or employee.  This test applies to California’s Industrial Welfare Commission (IWC) Wage Orders which regulates wages, hours, and working conditions.

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.

Oct 5, 2016

FLSA and Contract Overtime

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. 

Sep 2, 2015

Responding to Requests for Information

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. 

Sep 3, 2014

Using Conceptual Agreements to Avoid Impasse

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, Santa Clara University School of Law

  • MA, San Jose State University

  • BA, San Francisco State University

13 December 2018
Speaking Engagements

Payroll Compliance & The Fair Labor Standards Act Post Flores

League of California Cities 2018 Municipal Finance Institute San Francisco
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11 December 2018
Consortium Trainings

FLSA at the Collective Bargaining Table

San Mateo County ERC Menlo Park
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5 December 2018
Speaking Engagements

The Impact Of Philosophy, Psychology, And Data On Labor Negotiations

California Public Employer Labor Relations Association (CALPELRA) Annual Conference Monterey
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29 November 2018
Consortium Trainings

Issues and Challenges Regarding Drugs and Alcohol in the Workplace

Napa/Solano/Yolo ERC Napa
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29 November 2018
Consortium Trainings

Human Resources Academy I

Napa/Solano/Yolo ERC Napa
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2 October 2018
Speaking Engagements

FLSA Academy Day 2

Liebert Cassidy Whitmore Seminar Piedmont
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Education

  • JD, Santa Clara University School of Law

  • MA, San Jose State University

  • BA, San Francisco State University

Contact Us

General Inquiries

info@lcwlegal.com

Contact a Specific Office

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Media Inquiries

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

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