People: Brandon R. McKelvey, Partner

Brandon R. McKelvey

Partner

Sacramento
Direct: (916) 498-7039
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Mr. McKelvey is a Partner in the Labor and Employment Department of Seyfarth Shaw LLP with significant litigation experience in large class-actions, collective actions, and complex multi-party litigation. He is a member of the Wage & Hour Litigation Practice Group and concentrates his practice on defending companies against wage-and-hour and employment class and collective actions. He is a Co-Author of the Chapter "Defending Rule 23 State Law Wage and Hour Class Actions" in the “Wage & Hour Collective and Class Litigation (The Definitive treatise on wage and hour litigation.)," ALM Law Journal Press, Chapter 7 (2012). He regularly blogs on legal developments related to class actions and wage-and-hour law at www.wagehourlitigation.com.

Mr. McKelvey has unique experience that includes litigating class actions on both sides of the bar, participating in a class action trial, and arguing in front of the Ninth Circuit Court of Appeals in a class action case. He was the lead associate on one of the largest wage-and-hour class-action cases in California history and a member of the trial team for one of the largest class-action trials in California. He has defended a variety of large wage-and-hour class and collective actions alleging unpaid wages, misclassification, meal and rest period violations, unreimbursed expenses, breach of contract, forfeiture of commissions or incentive bonuses, unfair business practices, wage statement violations, and other federal and state wage claims.

Mr. McKelvey has handled class and collective litigation in a wide number of industries, including retail, health care, insurance, computer and information technology, financial and professional services, specialized and temporary staffing, manufacturing, shipping and trucking, agriculture, and construction.

Mr. McKelvey is a Partner in the Labor and Employment Department of Seyfarth Shaw LLP with significant litigation experience in large class-actions, collective actions, and complex multi-party litigation. He is a member of the Wage & Hour Litigation Practice Group and concentrates his practice on defending companies against wage-and-hour and employment class and collective actions. He is a Co-Author of the Chapter "Defending Rule 23 State Law Wage and Hour Class Actions" in the “Wage & Hour Collective and Class Litigation (The Definitive treatise on wage and hour litigation.)," ALM Law Journal Press, Chapter 7 (2012). He regularly blogs on legal developments related to class actions and wage-and-hour law at www.wagehourlitigation.com.

Mr. McKelvey has unique experience that includes litigating class actions on both sides of the bar, participating in a class action trial, and arguing in front of the Ninth Circuit Court of Appeals in a class action case. He was the lead associate on one of the largest wage-and-hour class-action cases in California history and a member of the trial team for one of the largest class-action trials in California. He has defended a variety of large wage-and-hour class and collective actions alleging unpaid wages, misclassification, meal and rest period violations, unreimbursed expenses, breach of contract, forfeiture of commissions or incentive bonuses, unfair business practices, wage statement violations, and other federal and state wage claims.

Mr. McKelvey has handled class and collective litigation in a wide number of industries, including retail, health care, insurance, computer and information technology, financial and professional services, specialized and temporary staffing, manufacturing, shipping and trucking, agriculture, and construction.

Education

  • J.D., University of California, Davis, King Hall School of Law (2001)
    Executive Editor, Law Review
    Authored Comment, Banks’ Duty of Confidentiality to Keep Customers’ Personal Information Secure from the Threat of Identity Theft, 34 U.C. Davis L. Rev. 4 (Summer 2001)
    Judicial Extern for the Honorable Frank C. Damrell, Jr. (Eastern District of California)
  • B.A., Wayne State University (1998)
    magna cum laude

Admissions

  • California

Courts

  • Ninth Circuit Court of Appeal and U.S. District Courts for the Northern, Eastern and Southern Districts of California

Affiliations

  • American Bar Association

Representative Engagements

Selected Representative Class Action Cases

  • Wilson v. Kiewit (2010)expense reimbursement claims brought by class of exempt employees in construction industry
  • Albertsen v. 3M (2010) hybrid class/collective action for alleged misclassification of dental sales representatives
  • Sliger v. Prospect (2010) hybrid class/collective action for alleged misclassification of outside sales loan officers
  • Miller v. Windsor (2010) meal and rest period claims brought by class of licensed vocational nurses
  • Hughes v. WinCo (2010) meal and rest period claims brought by class of grocery store employees
  • Rodriquez v. SGLC/Vino Farms (2010) hybrid class/collective action brought by farm workers in federal court
  • Rhoades v. Progressive Casualty Ins. Co.  (2010) off-the-clock claims brought by claims representatives.
  • Gales/Hovater v. WinCo Foods (2009) misclassification of assistant store managers as exempt employees.
  • Matsumura v. Rideout Memorial Hospital (2009) unpaid wages, meal and rest break, and wage statement claims brought by hospital pharmacist
  • Alexander v. IKON (2009) misclassification of account managers as exempt employees
  • Roy v. Heald (2008) unfair competition and breach of contract claims brought by vocational student
  • Trujillo v. WinCo Foods (2008) failure to provide meal and rest breaks to warehouse delivery drivers
  • Booker v. Tanintco, Inc., et. al. (2008) unpaid wages and meal and rest periods brought by cell-phone tower technicians
  • Cooke v. Fremont-Rideout Health Group (2008) overtime and meal and rest break claims brought by hospital nurses and technicians
  • Martinet v. Spherion (2007) multiple California Labor Code claims brought by traveling IT employee.
  • Putnam v. Horsemen (2007) off-the-clock, meal and rest break and expense reimbursement claims brought by field investigators.
  • Flud v. Spherion (2006) off-the-clock, meal and rest break claims brought by call center customer service representatives. 

Publications