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Lisa van Krieken is a partner in FLK's San Francisco office and Chair of the firm's Labor and Employment Practice Group. Her practice includes litigation and counseling in the areas of employment law and traditional labor law.
Representative Matters
Successfully litigating Title VII, FEHA, wage and hour, WARN Act, retaliation, discrimination, wrongful termination, and other employment claims in both state and federal courts.
Negotiating collective bargaining agreements for clients with various unions throughout California.
Handling dozens of binding arbitrations under collective bargaining agreements with an overwhelming success rate.
Representing clients in connection with administrative charges filed with virtually every state and federal agency, including the federal Equal Employment Opportunity Commission, California's Department of Fair Employment & Housing, the U.S. Department of Labor, the California Division of Industrial Relations (and Department of Labor Standards Enforcement), Cal-OSHA, the Employment Development Department, and the Workers' Compensation Appeals Board, and local human rights offices.
Representing clients in proceedings before the National Labor Relations Board, including unit clarification, certification, and unfair labor practice proceedings.
Obtaining demurrers, dismissals and summary judgment rulings in state and federal court for employers on claims involving harassment, discrimination, wrongful termination in violation of public policy, retaliation, fraud, and other employment-related causes of action.
Winning an affirmance before the Ninth Circuit Court of Appeals of a summary judgment ruling in favor of an employer in a sexual harassment, discrimination and retaliation claim.
Winning an affirmance before the California Court of Appeal of a summary judgment ruling in favor of an employer in a case brought by a top-selling insurance agent alleging race discrimination and constructive discharge.
Member of a team representing a national law firm defending a WARN class action, in which we defeated class action certification and obtained summary judgment for the client.
Providing pre-litigation counseling and advice to clients on employment-related issues and problems, and reviewing client policies and handbooks to ensure legal compliance.
Representative clients include Auberge Resorts, Campton Place Hotel, Elephant Pharmacy, Enterprise Rent-A-Car Company, Four Seasons Hotels & Resorts, Hyatt Hotels Corporation, Joie de Vivre Hospitality, Larkspur Hospitality, Mandarin Oriental San Francisco, Mandarin Oriental USA, Millennium Biltmore Hotel, The Olympic Club, SMG/The Moscone Center, and Starwood Hotels & Resorts.
Publications
"Police Officers' Duty to Rescue or Aid: Are They Only Good Samaritans?", 72 California Law Review 661 (1984).
"Union Access to Private Property: An Overview from Babcock & Wilcox to Lechmere" (co-author), International Council of Shopping Centers Publications, 1992.
Presentations
Presentation on the "Americans with Disabilities Act of 1990" for the International Council of Shopping Centers 1992 annual Shopping Center Law Conference.
Presentation on "Retaliation Claims" for the Los Angeles Hotel Human Resources Association.
Ms. van Krieken regularly conducts training for clients, and has presented hundreds of in-house seminars to Human Resources Directors, executive-level managers, and managers on various employment law topics, including Preventing Sexual and Unlawful Harassment, the ADA (Americans with Disabilities Act) and FEHA, Pregnancy Disability Leave in California, FMLA and CFRA, Proper Documentation and Employee Terminations, Privacy Issues under California Law, Retaliation Claims, Discrimination Laws, Interviewing Guidelines, Religious Discrimination and Reasonable Accommodation, Appearance Guidelines and Dress & Grooming Standards, Employee Relations and Labor Relations, Just Cause, Grievances and Arbitrations, Federal Labor Laws and the National Labor Relations Act, and Wage and Hour Updates.
Education
University of California San Diego, B.A. in Biology 1979.
Boalt Hall School of Law, University of California at Berkeley, J.D. 1985.
Memberships
California State Bar, Labor Section
San Francisco Bar Association
American Bar Association, Labor & Employment Section
Community Service
Ms. van Krieken is a member of the Executive Committee and Board of Directors of the Legal Aid Society-Employment Law Center in San Francisco.
She also has done pro bono work for the Homeless Advocacy Project of the San Francisco Bar Association's Volunteer Legal Services Program.
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