Carol Bernick has more than 20 years of experience representing employers in complex employment cases, including numerous wage and hour class actions. She has significant jury trial experience in state and federal courts. Carol also counsels and trains employers in preventive employment practices, including ADA and wage compliance; leave, discipline and termination policies; and sexual harassment.
Carol is a frequent speaker on harassment, FMLA, investigations, manager training and EEO compliance.
Highlighted Experience
Gafur v. Legacy Good Samaritan Hospital and Medical Center
Successfully represented health system before the Oregon Supreme Court in action seeking wages and penalties for allegedly missed rest and meal periods under Oregon law. 213 Or. App. 343, 161 P.3d 319 (Or. 2008)
Belknap et al. v. U.S. Bank
Successfully obtained ruling of class action decertification, preventing class action treatment in wage and hour case. Affirmed on appeal. 235 OR App 658 (2010), rev din 349 OR 654 (2011)
Kramer v. Tosco, et al.
Represented Tosco (Conoco-Phillips) in an eight-day jury trial alleging ADA discrimination, wrongful discharge, and retaliation. The jury returned a defense verdict on all claims. The 9th Circuit affirmed. (9th Cir. 2006)
Barnes v. GE Security Inc.
Obtained summary judgment in claims alleging workers' compensation retaliation, disability and FMLA retaliation. Judgment for our client on all claims. (D. Or. 2008)
Bell v. Addus Healthcare, Inc.
Defeated plaintiff's motion for class certification against health care services company involving alleged violations of Washington and Oregon wage and hour laws (3,000-plus putative class members) for denied meal breaks and rest periods, unpaid overtime and unpaid wages; summary judgment dismissal of multiple claims brought by plaintiff. (W.D. Wash. 2007)