Attorney, Human Resources

H. ANN LIROFF

** ****** ******, **** * • Burlingame, California 94010

650-***-**** (mobile) • **********@*****.***

EMPLOYMENT COUNSELOR / TRIAL ATTORNEY

Respected attorney/counselor with more than 20 years of experience equally applicable to corporate and

legal firm environments, including success litigating and winning favorable outcomes for clients regarding

employment law and business disputes. Known for expertise in guiding clients on compliance with local,

state, and federal employment laws, wage and hour laws & regulations. Regularly prepare and update

employer policy & procedure manuals, independent contractor agreement, non-disclosure agreements

and proprietary information agreements. Approved MCLE employment law provider within State of

California; state-approved sexual harassment AB 1825 trainer and lecturer on workplace diversity & bias.

Employment Law • Benefits & Compensation • Employee Relations • Negotiations • Policy Development

Workforce Planning • Performance Management • Talent Management • Training & Development

Client Relations • Commercial Contracts • Non-Disclosure Agreements • IP Licensing Agreements

Public Relations • Social Media • Business Development • Presentations

CAREER HISTORY

SIMPSON, GARRITY, INNES & JACUZZI, P.C. 12/6/2013-

Boutique Small Labor and Employment law firm specializing in representation of employers in litigation

before governmental agencies, state and federal courts.

Senior Associate

Employment and labor trial attorney. Counsel employers on a variety of labor and employment law

issues, including collective bargaining, union grievances, unfair labor practices, discrimination, wrongful

termination, employee misclassification and leave issues. Defend employers in administrative

proceedings involving the National Labor Relations Act, EEOC, California Labor Commissioner, EDD and

FLSA audits. Conduct internal investigations on wage and hour and misclassification issues. Litigate in

state and federal courts employment and trade secret misappropriation cases.

Counsel employers on litigation prevention and practical advice to avoiding claims in all aspects of the

Family Medical Leave Act, the California Family Rights Act (CFRA), California Pregnancy Leave Act and

their interaction with one another. Advise employers on the Americans With Disability Act (ADA), the Age

Discrimination in Employment Act (ADEA), the Private Attorney General Act (PAGA), the Fair Labor

Standards Act, Department of Labor Standards Enforcement Act (DLSE) claims and Department of Fair

Employment and housing Act (FEHA) issues, claims and audits.

Draft and revise non-disclosure agreements, employee handbooks, proprietary information and

severance agreements, employment agreements, offer letters, and strategic RIF planning.

HOGE, FENTON, JONES & APPEL, San Jose, California 5/6/2013-12/1/2013

Mid-size California general litigation firm specializing in personal injury defense of companies, corporate

governance, estate planning and litigation and land use.

Senior Associate

Experienced labor and employment attorney, representing management in collective bargaining, union

grievances, arbitrations and unfair labor practice charges before the National Labor Relations Board and

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an employment trial attorney. Represent employers in administrative hearing, investigations, wage and

hour audits, as well as state and federal litigation.

Counsel employers on such diverse employment law issues as wage and hour, meal and rest break,

exempt-nonexempt status, misclassification claims before the DFEH, EEOC, Labor Commissioner, and

prepare defensive litigation strategy in the event of claims. Advise employers on all aspects of Family

Medical Leave ACT (FMLA), California Family Rights Act (CFRA), Paid Family Leave (PDL) and other

state and federal leave statutes.

HAIGHT, BROWN & BONESTEEL LLP, San Francisco, California • 3/2009-11/2012

Mid-size California insurance defense law firm specializing in defense of companies who have been

sued in asbestos, toxic tort, and personal injury cases.

Partner

Hired as contract partner to develop employment labor practice at San Francisco satellite office. Litigated

and resolved employment disputes, such as wrongful termination, discrimination, wage & hour, rest &

meal break, exempt status, and independent contractor status issues. Analyzed and handled Americans

with Disabilities Act (ADA), Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), Fair

Employment & Housing Act (FEHA), and Pregnancy Disability Leave (PDL) and wage and hour disputes.

As first chair, litigated jury trials, bench trials, and mediations, from initiation of complaint to appeal.

Guided clients on state & federal laws and regulatory compliance. Updated employment handbooks and

drafted severance, employment, licensed and other agreements.

Successfully drafted, filed, and argued 6 motions for summary judgment in various state and federal

courts, 4 of which ended in complete dismissal of cases against companies.

Achieved defense verdict in US District Court case in Idaho involving highly paid executive seeking

overtime wages exceeding $1M in damages after initially filing and winning Motion for Partial

Summary Judgment, eliminating plaintiff’s state law and punitive claims.

Secured case dismissal with prejudice in US District Court in Arizona for case where plaintiff sought

$500K in damages for racial discrimination.

Obtained defense verdict in Oregon whistle-blowing statutory claim in which plaintiff sought $300K+ in

damages when he was terminated for poor performance after acquiring grievance settlement via

union.

Earned award of attorneys’ fees on behalf of individual defendant sued by corporate defendant in

misappropriation of trade secrets case without any basis in US District Court in Northern District of

California.

BERLINER COHEN, San Jose, California • 12/2006-9/2008

Mid-size law firm specializing in real estate, corporate structuring, litigation, and employment law.

Attorney

Recruited to build traditional labor practice within employment law group. Also provided expert guidance

to management and human resources regarding employment law compliance and dispute resolution.

Litigated wrongful termination, discrimination, wage & hour, National Labor Relations Board (NLRB),

Equal Employment Opportunity Commission (EEOC), ADA, FMLA, CFRA, FEHA, and PDL matters.

Investigated allegations of employee misconduct and potential violations of state and federal employment

laws.

Represented employers in numerous mediations and arbitrations.

Negotiated favorable collective bargaining agreement (Memorandum of Understanding [MOU]) for

specific unit of public employees in San Jose.

Worked out public and private employer grievances with various construction trade unions.

Resolved unfair labor practice charges against foodservice provider to hospitals and public entities.

HANNIG LAW FIRM LLP, Redwood City, California • 3/1997-11/2006

Small mid-peninsula business, corporate, real estate, and litigation firm.

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Co-Founding Partner

Co-led associates and staff. Counseled employers and litigated commercial disputes in state, federal,

and administrative forums. Resolved employment disputes, such as wrongful termination, discrimination,

wage & hour, ADA, FMLA, CFRA, FEHA, and PDL matters. Updated employment handbooks, and

drafted severance license, independent contractor and other agreements. Litigated commercial, IP,

licensing, and employment law cases as well as participated in arbitrations, bench & jury trials, and

mediations.

As first chair, litigated seminal state court decision on employee entitlement to commissions upon

termination, achieving reported Court of Appeals decision.

Before California Labor Commissioner, litigated issue of entitlement to rest & meal breaks in context of

housekeeping company.

Secured temporary restraining order and preliminary injunctions against former president of high-tech

company based on claim of misappropriation of IP trade secrets where former president was seeking

millions of dollars in cross-complaint for wrongful termination. Expertly defended appeal of

preliminary injunction at appellate level.

CAREER NOTE: Previously served as Senior Associate at Low, Ball & Lynch, Sole Practitioner at Law

Offices of H. Ann Liroff, and Appellate and Trial Attorney at National Labor Relations Board.

EDUCATION AND ADMISSIONS

Juris Doctor: Villanova University School of Law

MLS: Simmons College

Bachelor of Arts, Latin (cum laude): Wellesley College

State Bar of California • San Mateo County Bar Association • American Bar Association

Northern, Eastern, Central, and South District Court of California Admissions

PUBLICATIONS, PRESENTATIONS, AND CASE ALERTS

Documenting Poor Employee Performance after Reid v. Google, Society for Human Resource

Management, Aug. 18, 2010

Budget Crisis Hits California Wage Claims Process, July 14, 2010, Los Angeles Daily Journal

Lecturer, "The Ten Things Your Company Should Know About Employment Law"

Employment Case Update: Good Faith Mistakenly Claimed Overtime Wages & Deductions to Vacation &

Sick Time, Mar. 22, 2010

Victory for Businesses with Headquarters Located Outside the State of California, Mar. 2, 2010

Appellate Court Reverses Pregnancy Discrimination Judgment for Plaintiff, Feb. 10, 2010

Voluntary Incentive Compensation Plans, Employment Arbitration Agreements, and Wage & Hour Cases,

Jan. 11, 2010

Second Appellate District Confirms Broad Non-Compete & Non-Solicitation Clauses are Void, Nov. 30, 2009

Severance Agreements, Due Process for Probationary Teachers, and Public Employees’ Free Speech

Rights, Nov. 16, 2009

Arbitration Clauses, Commuting Time, Managers Beware, and Supreme Court Cases to Watch, Nov. 3, 2009

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