Jay Trinnaman specializes in the representation of both public and private sector employers in all aspects of labor relations and employment law matters, including disciplinary and grievance arbitrations, unfair labor practice charges before the Public Employment Relations Board (“PERB”), defense of EEOC/DFEH charges, negotiations in collective bargaining, writ of mandate matters, and advice and counsel.
Prior to joining AALRR, Mr. Trinnaman had over five years of experience representing employees in the field of law enforcement and public safety, including serving as in-house counsel for a labor organization, the California Organization of Police and Sheriffs. With his experience representing both management and unions, Mr. Trinnaman brings a unique perspective when working with employers to resolve their labor disputes.
In addition to representing California employers, Mr. Trinnaman is licensed to practice law in the State of Nevada, where he has successfully represented clients in their business litigation disputes.
- Obtained summary adjudication on behalf of major supermarket chain to fully dispose of plaintiff’s race and age discrimination claims brought under the California Fair Employment and Housing Act, as well as plaintiff’s claims for wrongful termination in violation of public policy and punitive damages.
- Obtained partial summary judgment on behalf of a City in federal court litigation regarding an alleged Fair Labor Standards Act violation for the method of calculation of police officer overtime compensation. The successful motion disposed of the vast majority of plaintiff’s sought damages and permitted the City to recover all post-offer costs against plaintiff. The net result was that the plaintiff owed the City more in costs than his own nominal recovery of lost overtime.
- Prevailed in numerous discipline and grievance arbitrations on behalf of both public and private sector clients. Favorable arbitration awards include the upholding of employee terminations for a broad spectrum of misconduct, including dishonesty, workplace violence, fraud, and poor job performance.
- Obtained an arbitration award of $1.8 million in damages plus attorney’s fees in a breach of contract matter on behalf of hospitality industry client.
- Obtained an arbitration award of $1.1 million in damages and attorney’s fees and permanent injunctive relief against a client’s former employee for breach of the confidentiality provision of his employment contract.
Unfair Labor Practice Charges before the Public Employment Relations Board
- Successful defense of Housing Authority of City of Los Angeles in administrative hearing, resulting in full dismissal of unfair labor practice charge by City Employees Associates regarding alleged failure to negotiate the effects of layoffs. (34 PERC 36; PERB Case No. LA-CE-467-M).
- Obtained summary judgment on behalf of the County of San Bernardino Superior Court against Service Employees International Union (“SEIU”) regarding an unfair labor practice charge related to SEIU's attempts to decertify incumbent union.(PERB Case No. LA-CE-43-C).
- Successful opposition of SEIU’s attempt to obtain injunctive relief from PERB to stay decertification election on behalf of the Coachella Valley Water District.(PERB Case No. LA-CE-893-M).
- Successful dismissal of unfair labor practice charge on behalf of Housing Authority of City of Los Angeles following an evidentiary hearing regarding alleged interference with administration of the union in its internal election process.(PERB Case No. LA-CE-621-M).
- Successful dismissal of unfair labor practice charge on behalf of Housing Authority of City of Los Angeles regarding alleged retaliatory transfers of union employees.(PERB Case No. LA-CE-619-M).
Writs of Administrative Mandate
- Successful opposition, on behalf of County of Los Angeles agency, of former employee's petition for writ of administrative mandate challenging her termination for poor job performance. The opposition required navigation of issues pertaining to public employee due process rights versus at-will employment.
- Successful opposition of former employee’s petition for writ of mandate challenging her discharge and seeking recovery of four years of back pay and benefits on behalf of the Housing Authority for the City of Los Angeles.
- Successful oppositions on behalf of several City clients of former police officers’ petitions for writs of mandate seeking reinstatement from discharge.
- Successful petitions for writs of mandate on behalf of City to establish jurisdiction of Los Angeles County Superior Court to review arbitrators’ administrative discovery orders in police officers termination appeals.
News & Publications
- CA Special District magazine, 12.19.2014
Events & Speaking Engagements
Mr. Trinnaman regularly conducts seminars and workshops for public and private sector employers on a broad spectrum of labor and employment topics, including First Amendment rights for employees, employee privacy rights in the era of rapidly developing technologies, the Public Safety Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill of Rights Act, employee due process and pre-deprivation rights, reductions in force, off-duty misconduct, proper employee documentation, and defense against retaliation and whistleblowing claims. Mr. Trinnaman’s recent speaking engagements include the following:
Trainer, Conducting Effective IA Investigations: A View from All Angles, March 15, 2018 – Tri County Fair Grounds | Bishop; April 12, 2018 – Cerritos Sheraton | Cerritos; May 2, 2018 – The Pacific Palms Resort | City of Industry; June 22, 2018 - Oakland Marriott; October 3, 2018 – Imperial County
California Public Employers Labor Relations Association (“CALPELRA”) Annual Training Conference
Current Legal Landscape Of Police And Fire Departments - December 2018
Conducting Effective Administrative Investigations Of Police Officers And Firefighters - December 2018
The Top Three Lawsuits By Police Officers And How ToAvoid Them - December 2017
- “The Five Biggest Pitfalls Under POBRA/FBOR” – November 2016
- “ The Keys to Surviving Impasse” – October 2015
- “How To Negotiate The Requirements Of Effects Bargaining” – November 2014
- “Caught In The Crossfire: Union Decertification Campaigns” – November 2014
- “Web 2.0: Key Legal Principles When Dealing with Social Media” – November 2013
- “Navigating the POBR and FBOR: The Fine Line Between Routine Contact and Interrogation” – November 2013
- “Successfully Negotiating the Meyers-Milias-Brown Act” – December 2012
- “Navigating the Perils and Pitfalls of the Public Safety Officers Procedural Bill of Rights Act: A Guide to POBRA from A to Z” – December 2012
Southern California Public Labor Relations Council (“SCPLRC”)
- “Trending Policies for Public Employers” – February 2016
- “2014 Legislative Update” – October 2014
- “The Fundamentals of Employee Rights” – February 2014
- “2013 Legislative Update“ – October 2013
Public Employer Labor Relations Association of California (“PELRAC”)
- “Early Stages of Discipline” – October 2015
California Chapter of National Emergency Number Association (“CalNENA”) Annual Conference
“Labor/Employment Law Workshop” – February 2016
Western Region IPMA-HR Annual Conference
- “Hang Ten Man… It’s Just Recreational Marijuana” – April 2016
Orange County Labor and Employment Relations Association (“OCLERA”)
- “Taking the Chance Out of Last Chance Agreements,” panelist – May 2014
AALRR Annual Employment Law Conference
- “The Top Five Lawsuits by Police Officers… and How to Avoid Them” – March 2015
- “Yours, Mine & Ours: Quasi-Employees” – March 2013
- “Independent Contractors” – March 2012
- “The Virtual Workforce” – March 2011
- “Whistleblowing/Retaliation” – March 2010
Loyola Law School
- “Public Safety Officers Procedural Bill of Rights Act and Investigations” – March 2015
City Attorney’s Association of Los Angeles County (“CAALAC”) Spring Conference
- “Advanced Concepts in Labor Arbitration and Disciplinary Appeal Hearings” – March 2014
California Society of Municipal Finance Officers (“CSMFO”) Annual Conference:
- “Public Agency Bargaining/Cost Cutting Under Attack” – February 2014
Alerts & Articles
- Governor Brown Signs Senate Bill 1421 and Assembly Bill 748; Making Certain Peace Officer Records Subject to Disclosure Under the California Public Records Act10.09.2018
- Supreme Court Limits Reach of Public Sector Unions in Janus, Finding Agency Fee Arrangements to Be Unconstitutional06.27.2018
- Court of Appeal Issues Groundbreaking Decision Clarifying Statute of Limitations for POBRA Discipline06.26.2018
- Court of Appeal Defines “Fire Chief’ Subject to Removal Under Firefighters Procedural Bill of Rights Act03.28.2018
- Appellate Court Affirms Discharge of Peace Officer for Improperly Accessing Confidential Records and Making False Statements to Investigators07.11.2017
- California Court of Appeal Confirms that Under the Public Safety Officers Procedural Bill of Rights Act, Administrative Appeal Must Be Provided After Decision to Impose Discipline Is Implemented07.11.2017
- California Legislature Requires Public Employers to Provide Unions with Access to New Employee Orientations and Employees’ Contact Information06.26.2017
- California Supreme Court Holds Public Records Sent Through Private Email Accounts and Devices May Be Subject to Disclosure03.03.2017
- Appellate Court Rules that MMBA Permits Modified Agency Shop Arrangement Applying Only to New Employees02.08.2017
- PERB’S Order Directing the City Council to Rescind Its Resolution Violated Doctrine of Separation of Powers01.06.2017
- Public Safety Officer Must Be Informed of the Nature of an Investigation “Reasonably Prior To” an In02.17.2016
- CA Public Pensions Law Blog, 03.29.2017
- Labor & Employment Law Blog, 10.03.2014
- U.S. Supreme Court Holds NASA Background Checks Of Employees Not Previously Subject To Background Checks Does Not Violate Constitutional Rights To PrivacyLabor & Employment Law Blog, 01.25.2011
- U.S. Supreme Court Uholds Employer Search Of Pager Text Message Records Where Search Was Work-Related And Limited In ScopeLabor & Employment Law Blog, 06.22.2010
- Court Holds Recently Promoted Probation Officer Who Did Not Pass Probation Was Not Entitled To An Administrative AppealLabor & Employment Law Blog, 05.25.2010
Community & Professional
Mr. Trinnaman is involved with both the California Police Chiefs Association and the California State Sheriffs' Association. In addition, he is a member of the following organizations:
- California Public Employers Labor Relations Association
- Orange County Labor and Employment Relations Association