Amber Healy has extensive experience litigating class actions and complex matters in state and federal courts throughout California. Her practice focuses on the defense of employers and management in class action, multi-plaintiff, and single-plaintiff lawsuits. She has particular expertise in the area of wage and hour class and representative actions alleging claims for off-the-clock work, unpaid wages, unpaid overtime, meal and rest break violations, unreimbursed expenses and inaccurate wage statements. Ms. Healy has litigated novel issues in both class actions and representative actions brought under California Labor Code’s Private Attorneys General Act before the Ninth Circuit Court of Appeals and the California Court of Appeal. Ms. Healy works with employers in all major industries and heads the firm’s Complex Litigation Team overseeing high stakes employment litigation matters.
Ms. Healy also litigates matters involving employee privacy rights, wrongful termination, retaliation, whistleblower, discrimination, harassment and prevailing wage issues. She frequently represents clients in proceedings before state and federal administrative agencies and tribunals, including the Equal Employment Opportunity Commission, the United States Department of Labor, the California Department of Fair Employment and Housing, and the California Division of Labor Standards Enforcement.
In her class action and PAGA representative action defense practice, Ms. Healy has obtained significant victories for employers, including defeating class certification and securing dismissal of class and representative claims. Ms. Healy has successfully litigated hundreds of class, collective and representative PAGA matters in various industries, including cosmetic manufacturing, apparel and fashion, hotels, restaurants, homecare services, property management, food processing, retail, trucking, shipping, logistics, e-commerce and assisted living facilities.
Though Ms. Healy now focuses her practice on the defense of class litigation matters on behalf of employers, she spent several years representing plaintiffs in class litigation, successfully representing classes ranging from 50 members to over 100,000 members and securing numerous class settlements exceeding a total recovery of $50 million. With her plaintiff-side background, she brings a unique perspective to the cases she handles.
Honors & Recognitions
Ms. Healy received the California State Bar’s Wiley W. Manuel Award for her pro bono legal services.
- Successfully defended numerous employers in class and collective actions under the California Labor Code and the Federal Labor Standards Act
- Obtained judgment in favor of client in putative class action alleging violations of the Consumer Legal Remedies Act
- Won dismissal of lawsuit asserting claims of gender discrimination, harassment, and violation of collective bargaining agreement against union sub-contractor, dismissal affirmed on appeal
- Secured dismissal of all class allegations in putative class action alleging violations of the Americans with Disabilities Act against historic entertainment venue
- Through aggressive motion practice limited the scope of class claims against multi-state operator of assisted living facilities to only the locations that Plaintiffs worked at, significantly reducing value of the alleged wage and hour class claims and ultimately resolved claims on individual basis
- Defeated class certification on behalf large construction company based on claims of unpaid wages, unpaid overtime, missed meal and rest breaks, waiting time penalties and unfair business practices
- Obtained summary adjudication of claims for meal and rest break violations against union construction company
- Resolved class action against major food processing company alleging failure to compensate time spent donning and doffing protective equipment on favorable terms
- Repeated closure of administrative agency investigations with finding of no fault or no basis for claims asserted
- Achieved favorable resolution Department of Labor investigations against large janitorial companies and construction companies based on claims for failure to comply with the Davis-Bacon Act and the Federal Labor Standards Act
News & Publications
Events & Speaking Engagements
Ms. Healy frequently speaks in front of employer organizations. Recent engagements include:Ms. Healy frequently speaks to groups throughout California on topics related to employment law and women in the legal profession. Recent speaking engagements include:
- CALSPro 50th Anniversary Conference, "The Dynamex Decision"
- 2018 HR Pro Conference, "Legalized Cannabis and the Impact on Your Human Resources Policies and Practices"
- 2018 PIHRA CAHR Conference, "Weeding Out Misinformation: Legalized Cannabis and Human Resources"
- California Lawyers Association, 8th Annual Advanced Wage and Hour Conference, "Hottest Topics in PAGA Litigation and Arbitration"
- Presentations to regional and local Chambers of Commerce in Southern California on various employment law issues and compliance
- 2017 AALRR Employment Law Conference, "Advanced Wage and Hour Issues"
- 2016 AALRR Employment Law Conference, "Employee Classifications under the Federal Labor Standards Act"
- 2016 AALRR Employment Law Conference, "Now It’s Personal: Liability for Wage and Hour Violations"
- Presentations to regional and local Chambers of Commerce on various employment law issues and compliance.
- AALRR client breakfast briefings, which cover various topics related to class action risks, employment, and wage and hour issues
- Webinar for the Professionals in Human Resources Association, “FLSA Exemptions and the New Department of Labor Overtime Regulations”
- Virtual, SUMMER 2022
Alerts & Articles
- US Supreme Court Delivers Blow to the California Trucking Industry: Many Owner-Operators May be Deemed Misclassified07.11.2022
- Viking River Cruises Eliminates California’s Absolute Ban on PAGA Arbitrations — Why Employers Should Shore Up Their Arbitration Agreements Before the Next Round of Litigation06.22.2022
- In a Big Win for California Employers, the United States Supreme Court Opens the Door to Enforcement of Arbitration Agreements in PAGA Cases06.15.2022
- California Court of Appeal Issues Potentially Far Reaching Decision Regarding California’s “Bounty Hunter” Labor Code Private Attorneys General Statute07.30.2021
- California Supreme Court Decision Complicates the Calculation of Penalties for Meal Period, Rest Period, and Recovery Period Violations for Many Employers07.23.2021
- Trucking Companies Beware: Motor Carriers Must Comply With California Law When Classifying Truck Drivers As Independent Contractors01.07.2021
- Relief Pitching: California Makes Changes To the ABC Test for Independent Contractors Through Passage of AB 225709.16.2020
- Leading Ride Share Servicers Sued by the State of California for Continued Misclassification of Drivers as Independent Contractors05.27.2020
- Managing Wage & Hour Compliance During the COVID-19 Pandemic: Part II: Paid Time–off Donations, Leaves, Layoffs and Pay Reductions04.15.2020
- California Supreme Court Deals Another Blow To Employers: Individual Employee’s Settlement of Labor Code Violation Claims Does Not Extinguish “Aggrieved” Status for PAGA (Civil Penalty) Purposes03.30.2020
- California Court of Appeal Holds Reporting Time Pay Is Triggered When Employees Are Required to Call In But Are Not Put to Work02.21.2019
- Court of Appeal Holds That Travel Time in a Company Vehicle Is Not Compensable Time Unless Mandatory, Even When Transporting Company Tools and Equipment11.30.2018
- Janitorial Companies Must Register with California Labor Commissioner Starting July 1, 2018 and Begin Distribution of Sexual Harassment Materials to All Employees and Contractors06.25.2018
- California Court of Appeal Concludes That Commissioned Employees are Entitled to Separately Compensated Rest Breaks03.21.2017
Ms. Healy is a contributor to the various firm publications and blogs, as well as to external publications, including the following:
- California Supreme Court Clarifies Overtime on Flat Sum Bonuses, Employee Relations Law Journal (2018)
- Co-author of “Employers Not Required to List Accrued Vacation Time” (Daily Journal, Nov. 2, 2016)
- Published an article about class action law, “(Class) Action Stations” Ground Handling International Magazine (April 2016)
- A Primer on Class Action Litigation, The Journal of Association of Transportation Law Professionals (Summer 2016)
- Co-author of “Troubles with Recognizing Retaliation Under the Stimulus Act,” Law360 (Nov. 1, 2013)
- Quoted in "Rite Aid Seating Ruling Makes Class Cert. Harder to Beat," Law360 (May 19, 2014)
- California Court of Appeal Confirms That 2018 Federal Regulation Preempts California Meal and Rest Break Laws for Truck Drivers but Holds Regulation is Not RetroactiveLabor & Employment Law Blog, 07.07.2022
- Labor & Employment Law Blog, 03.31.2022
- California Court of Appeal Issues Potentially Far Reaching Decision Regarding California’s “Bounty Hunter” Labor Code Private Attorneys General StatuteLabor & Employment Law Blog, 07.30.2021
- California Court of Appeal Issues Potentially Far Reaching Decision Regarding California’s “Bounty Hunter” Labor Code Private Attorneys General StatuteBusiness Law Journal, 07.30.2021
- PAGA Action Fails and Walmart Prevails: the Ninth Circuit Reverses $102 Million Award and Holds Employee Must Suffer Injury to Pursue a PAGA ActionLabor & Employment Law Blog, 06.11.2021
- Labor & Employment Law Blog, 03.01.2021
- Business Law Journal, 03.01.2021
- Business Law Journal, 02.25.2021
- Business Law Journal, 02.16.2021
- COVID Class Action Report: Nike Settles Class Action By Providing Retail Employees with Transparent Face CoveringsBusiness Law Journal, 02.01.2021
- Ninth Circuit Upholds Victory for Trucking Industry: California Meal and Rest Break Rules Preempted by Federal Law as to Commercial DriversLabor & Employment Law Blog, 01.25.2021
- California Employers: The federal Department Of Labor’s Final Rule For Worker Classifications Does Not Eliminate The Requirements Under California’s ABC TestLabor & Employment Law Blog, 01.08.2021
- Business Law Journal, 09.17.2020
- Business Law Journal, 06.05.2020
- Employers Must Ensure Unlimited Vacation Policies Are Truly Unlimited Otherwise They May Be On The Hook To Pay Out Vacation When Employment EndsLabor & Employment Law Blog, 04.07.2020
- Labor & Employment Law Blog, 05.31.2019
- California Court of Appeal Confirms (Again) That Claims Brought Under the Private Attorneys General Act Cannot Be ArbitratedLabor & Employment Law Blog, 04.10.2019
- Labor & Employment Law Blog, 03.12.2019
- Labor & Employment Law Blog, 10.19.2018
- Ninth Circuit Voids “No Re-Hire” Provision in Settlement Agreement Between Employer and Former EmployeeLabor & Employment Law Blog, 08.02.2018
- Ninth Circuit Voids “No Re-Hire” Provision in Settlement Agreement Between Employer and Former EmployeeBusiness Law Journal, 08.02.2018
- Labor & Employment Law Blog, 07.25.2018
- Employer’s Policy of Rounding Employee Hours to Nearest Quarter Approved by California Court of AppealLabor & Employment Law Blog, 07.05.2018
- AB 2069 – California Assembly Proposes Bill Banning Employment Discrimination Based on Medicinal Cannabis UseBusiness Law Journal, 02.27.2018
- Labor & Employment Law Blog, 11.16.2017
- California Court of Appeal Holds That Employer Can Compel Arbitration Under Agreement Between Staffing Agency and Temporary WorkerLabor & Employment Law Blog, 05.26.2017
- The US Supreme Court Limits Appellate Review Of District Court’s Refusal To Enforce Subpoenas Issued By The EEOCLabor & Employment Law Blog, 05.19.2017
- Labor & Employment Law Blog, 03.15.2017
- California Court of Appeal Confirms that Itemized Wage Statements Need Not Include Accrued Vacation PayLabor & Employment Law Blog, 10.25.2016
- Court Denies Preliminary Injunction Regarding Piece Rate Safe Harbor – Deadline To File Remains July 28, 2016Labor & Employment Law Blog, 07.26.2016
- Fresno Superior Court Grants Temporary Restraining Order Delaying Deadline to File Safe Harbor Election Under California Piece Rate LawLabor & Employment Law Blog, 07.01.2016
- Ninth Circuit Agrees with California Supreme Court’s Ban on PAGA Waivers in Employment Arbitration AgreementsLabor & Employment Law Blog, 10.07.2015
- California Court of Appeal Refuses to Enforce Electronically Signed Employment Arbitration Agreement After Employee Disputes SignatureLabor & Employment Law Blog, 01.08.2015
Community & Professional
- Women Lawyers Association of Los Angeles, Member
- Los Angeles County Bar Association, Member
- Appointed to President's Advisory Committee on Women in the Legal Profession for 2018-2019
- California Lawyers Association, Labor & Employment Section Member
- National Association of Women Lawyers, Member
- Professionals in Human Resources Association, Member