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Cary G. Palmer

Office Managing Principal
Sacramento

P 916-341-0404
F 916-341-0141
PalmerC@jacksonlewis.com

Biography

Cary G. Palmer is Office Managing Principal of the Sacramento, California, office of Jackson Lewis P.C. He represents management in employment, labor and benefits law and related litigation.

Mr. Palmer practices before the state and federal courts in California, the United States Department of Labor, the United States Equal Opportunity Commission, the California Department of Fair Employment and Housing, the California Division of Labor Standards Enforcement, and the California Workers’ Compensation Appeals Board. Mr. Palmer also defends management in statewide and nationwide class action and collective action litigation. He also defends management in litigation involving wrongful termination, reductions in force, discrimination, harassment, breach of contract, wage and hour, benefits, and other labor and employment-related actions. Mr. Palmer also conducts employee and management training seminars, and provides proactive employment advice and counsel.

Mr. Palmer is a class action and wage and hour specialist; he is the firm’s California Region Wage and Hour Coordinator. Mr. Palmer has extensive experience in all aspects of class action litigation, including proactive and preventative strategies, budgeting, state-wide defense efforts, class-wide discovery, arbitrations, mediations, exposure analyses, class certification, investigations, depositions and experts.

Representative Wage and Hour Class Action Experience

Mr. Palmer has handled/co-handled more than 85 class actions during the past 15 years. The cases have involved many different wage and hour issues, including alleged misclassification of employees (under the executive, administrative, professional, computer software, and inside/outside sales exemptions), independent contractors, vacation, sick leave and paid time off, wages, bonuses, commissions, overtime, off-the-clock work, meal and rest periods, recordkeeping, wage statements, reimbursement of business expenses, dress and grooming, donning and doffing, criminal convictions, and suitable seating.

Mr. Palmer has defeated class certification in several recent wage and hour class actions. See Ana Mora, et al. v. Big Lots Stores, Inc. (2011) 194 Cal.App.4th 496 (California court of appeal upheld the trial court’s order denying class certification in executive exemption case; trial court denied class certification concluding common questions did not predominate over individualized inquiries because the activities performed by store managers varied substantially based on the size of the store, the type of merchandise each store carries, the number employees supervised, the time of year, the personality and judgment of the individual store manager and additional, periodic challenges at particular stores.); Jin v. Ben Bridge-Jeweler, Inc. (2009, 2:07-CV-1587-CEB-KJN) (Federal court denied plaintiff’s class certification motion for alleged meal period violations because plaintiff failed to show common factual issues predominated over individualized issues); and Baker v. Big Lots Stores, Inc. (2009, CV 08-01450 GAF (FMOx)) (Federal Court denied plaintiff’s class certification motion for allegedly missed rest periods).

Mr. Palmer has also successfully represented clients in several additional published wage-hour class action decisions. See Bryan de Simas, et al. v. Big Lots Stores, Inc. (2007 U.S. Dist. Lexis 19257) (Federal court granted employer’s motion to stay wage-hour class action under the Colorado River abstention doctrine, and denied plaintiffs’ motion for leave under the California Private Attorneys’ General Act); and The TJX Companies, Inc. v. Superior Court (2001) 87 Cal.App.4th 747 (California court of appeal court upheld employer’s right to hearing and oral argument in wage-hour class action).

Honors and Recognitions

Professional Associations and Activities

  • American Bar Association
  • State Bar of California

Published Works

  • "Recent Developments in Overtime Exemptions," ACC Legal Resources (July 2, 2014) [Co-Author]
  • "Top Ten Wage and Hour Traps," ACC Legal Resources (March 13, 2013) [Author]
  • "California’s Meal and Rest Period Saga Escalates," The Daily Recorder (February 2006) [Co-Author]
  • "Employers May Fight Back Through The Class Action Fairness Act," The Daily Recorder (May 4, 2005) [Co-Author]
  • "Harrah’s Policy Requiring Women to Wear Makeup Upheld by Federal Appeals Court," The Daily Recorder (February 23, 2005) [Co-Author]
  • "California Supreme Court Leaves Flood Gates Open for Overtime Class Actions," The Daily Recorder (September 1, 2004) [Co-Author]
  • "Labor Code Private Attorneys General Act of 2004," The Daily Recorder (June 11, 2004) [Co-Author]
  • "Bounty Hunters Take Aim at California Employers," The Daily Recorder, (June 10, 2004) [Co-Author]
  • "Court Limits Legal Protections for Employer’s E-Mail System," The Daily Recorder (August 6, 2003) [Co-Author]
  • "California’s New Employment Laws, Parts 1 and 2," The Daily Recorder (November 20 and 27, 2002) [Co-Author]

See AllCary G. Palmer in the News

May 13, 2015
Jackson Lewis

Jackson Lewis' Sacramento Office Names New Managing Shareholder, Litigation Manager

May 13, 2015

SACRAMENTO, CA (May 13, 2015) Jackson Lewis P.C., one of the country’s largest and fastest-growing workplace law firms, is pleased to announce Cary G. Palmer and James T. Jones have been elevated to Managing Shareholder and Litigation Manager, respectively, of the firm’s Sacramento office, succeeding David S. Bradshaw and... Read More

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November 15, 2017

2018 Minimum Wage Rate Increases: Are You Ready?

November 15, 2017

The federal minimum wage has remained stagnant at $7.25 an hour since 2009. In the absence of an increase to the federal minimum wage, an increasing number of states, cities, and other municipalities have enacted statutes providing for minimum wage rates in excess of (and, in some cases, more than twice as high as) the federal rate.... Read More

November 2, 2017

Class Action Trends Report Fall 2017

November 2, 2017

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Minimum wage traps Prevention pointer The legislation (Not) Only in California Regulatory roundup Class action trends—the top ten... Read More

October 24, 2017

California Adds ‘Transgender,’ ‘Gender Nonconforming Individuals’ to Sexual Harassment Prevention Training for Supervisors

October 24, 2017

Employers subject to California’s mandatory sexual harassment training requirement for supervisors will need to ensure their programs include prevention of harassment based on gender identity, gender expression, and sexual orientation following an amendment (SB 396) to California’s Fair Employment and Housing Act (FEHA). On October 15... Read More

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Archived

Class Actions and Complex Litigation Webinar Series

March 14, 2017 - 2:00 PM to 3:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

Archived

Class Actions and Complex Litigation Webinar Series

February 14, 2017 - 2:00 PM to 3:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

Archived

Class Actions and Complex Litigation Webinar Series

January 10, 2017 - 2:00 PM to 3:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

See AllBlog Posts by Cary G. Palmer

California to Hold Direct Contractors Jointly Liable for Subcontractor’s Unpaid Wages and Fringe Benefits
November 13, 2017

Beginning with contracts entered into on or after January 1, 2018, direct (general) contractors in California will be held jointly liable for their subcontractors’ unpaid employee wages, fringe benefit or other benefit payments or contributions under Assembly Bill 1701, signed into law by Governor Jerry Brown on October 14th. Read More

California to Hold Direct Contractors Jointly Liable for Subcontractor’s Unpaid Wages and Fringe Benefits
November 10, 2017

Beginning with contracts entered into on or after January 1, 2018, direct (general) contractors in California will be held jointly liable for their subcontractors’ unpaid employee wages, fringe benefit or other benefit payments or contributions under Assembly Bill 1701, signed into law by Governor Jerry Brown on October 14th. Read More

California Adds ‘Transgender,’ ‘Gender Nonconforming Individuals’ to Sexual Harassment Prevention Training for Supervisors
October 30, 2017

Employers subject to California’s mandatory sexual harassment training requirement for supervisors will need to ensure their programs include prevention of harassment based on gender identity, gender expression, and sexual orientation following an amendment (SB 396) to California’s Fair Employment and Housing Act (FEHA). Read More