SF Bay Area Employment Attorney Blog
Allan Villanueva has over 30 years of experience in Litigation with emphasis on Employment Law. He has handled hundreds of cases in all aspects of employment and wage and hour law, including but not limited to claims involving employment discrimination, harassment, whistleblowing, retaliation, leaves of absence, reasonable accommodation, and failure to pay minimum and overtime wages, failure to provide meal and rest periods, wage statement violations, and PAGA claims. He has handled cases from intake to trial to appeal in cases filed in federal and state courts and before administrative agencies. WAGE AND HOUR Allan Villanueva has obtained millions of dollars for caregivers, restaurant workers, drivers, construction workers, and car wash attendants in wage and hour litigation before the courts and the Division of Labor Standards Enforcement. CLASS ACTION The Law Office of Allan Villanueva represents plaintiffs in class action lawsuits, most recently in Balingit v. FHAR; Ramos v. Steve Chou, Cardinal Care Management, LLC et al.; Cevallos v. Tupaz Home LLC et al.; and Baayon v. Joe’s Union L.P. et al.; Guerrero v. Bay Area Logistics, LLC; Lopez v. Home Express Delivery Service, LLC.
PUBLISHED OPINIONS
Manuel v. Superior Court (BrightView Landscape Services Inc.) (2022) 82 Cal.App.5th 719 (Employer cannot inquire on the immigration status of an employee in proceedings or discovery to enforce state labor, employment, civil rights and employee housing laws)
Cardinal Care Management, LLC et al. v. Edgardo Afable et al. (2020) 47 Cal.App.5th 1011 (Court of appeal upheld the dismissal of appeals from Labor Commissioner awards of overtime wages and penalties; the employer did not establish financial inability to post the required deposit in the amount of the award. Court also upheld award of attorneys fees following dismissal)
Capili v. The Finish Line, Inc. (2015) 116 F.Supp.3d 1000, affirmed in Capili v. The Finish Line (9th Cir. 2017) 699 F. App’x 620 (affirming the invalidity of The Finish Line, Inc.’s Arbitration Agreement)
Tiri v. Lucky Chances, Inc. (2014) 226 Cal. App. 4th 231 (upholding the validity of the clause in the Arbitration Agreement delegating to the arbitrator questions of enforceability of the Arbitration Agreement)
FEDERAL EMPLOYEE EEO CLAIMS He has represented federal employees in federal sector Equal Employment Opportunity claims such as before the United States Postal Service, Veterans Affairs, and US Army Corp of Engineers. WHISTLEBLOWER / FALSE CLAIMS ACT He successfully represented a client in negotiating a settlement in a $14,000,000.00 False Claims Act and whistleblower case. GUARANTOR DEFENSE He represented a client in trial sued as a guarantor of a loan that went into default. The lender bank sued for a seven-figure claim for damages. The client prevailed in trial based on a successful “SHAM GUARANTY” defense. Instead of the client having to pay the bank, the bank ended up paying the client’s attorney’s fees in a six figure sum. OTHER CASES Allan Villanueva has handled other cases including claims for Eminent Domain, construction defect, breach of construction contract, and insurance bad faith. EDUCATION J.D., University of San Diego School of Law, 1992 B.S., California State University, Long Beach, 1987 (With Honors) BAR ADMISSIONS California; Texas; Hawaii; US Court of Appeals for the Ninth Circuit; US District Court Central District of California; US District Court Northern District of California CLERKSHIP The HONORABLE SIMEON R. ACOBA, JR. Circuit Court of the State of Hawaii Justice Simeon R. Acoba, Jr. recently retired from the Hawaii Supreme Court