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Cary G. Palmer

Office Managing Principal
Sacramento

P 916-341-0404
F 916-341-0141
Cary.Palmer@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 100 class actions during the past 20 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

December 19, 2017
The Registry

Cary Palmer Discusses the Expansion of of Jackson Lewis in Sacramento

December 19, 2017

Cary Palmer discusses the recent expansion and growth of Jackson Lewis' Sacramento office in "NKF Announces Expansion of Jackson Lewis P.C. in Sacramento," published by The Registry. Subscription may be required to view article Read More

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August 13, 2018

Class Action Trends Report Summer 2018

August 13, 2018

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: Disparate impact — discrimination by the numbers Is the FCRA class the new FLSA wage and hour class? Other class action developments... Read More

May 1, 2018

Class Action Trends Report Spring 2018

May 1, 2018

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: Computer-age class action traps #MeToo: A viral movement, a wave of claims The ADA applies in cyberspace, too Online job assessments... Read More

January 22, 2018

Class Action Trends Report Winter 2018

January 22, 2018

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: Tip traps The legislation Regulatory roundup Prevention pointer Meanwhile, in the states … Jackson Lewis advocates... 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

Taco Bell’s Prohibition on Employees “Heading for the Border” With Discounted Meals Does Not Violate California Meal Break Law, Ninth Circuit Rules
August 8, 2018

Affirming a district court order dismissing a putative class action, the Ninth Circuit Court of Appeals has held that Taco Bell’s policy of requiring employees to eat employer-discounted meals in the restaurant does not convert the meal period into “on duty” time such that the meal period becomes compensable under California law. Read More

Taco Bell’s Prohibition on Employees “Heading for the Border” With Discounted Meals Does Not Violate California Meal Break Law, Ninth Circuit Rules
August 7, 2018

Affirming a district court order dismissing a putative class action, the Ninth Circuit Court of Appeals has held that Taco Bell’s policy of requiring employees to eat employer-discounted meals in the restaurant does not convert the meal period into “on duty” time such that the meal period becomes compensable under California law. Read More

Sacramento County “Panic Button” Ordinance
April 25, 2018

The Sacramento County Board of Supervisors has approved an Ordinance requiring hotel and motel operators in Sacramento County to provide employees with a panic button or notification device that can be used to call for help when an employee reasonably believes sexual harassment activity is occurring in the employee’s presence. Read More