Profile
Ryan C. Bykerk focuses his practice on helping clients develop strategies that meet their case-specific and larger business objectives, and has broad litigation experience in both federal and state court. His practice primarily involves defending employers in wage and hour class / representative actions and individual actions asserting violations of federal and state employment law, but extends to general, commercial, and financial litigation.
As a co-host of The Performance Review, a Greenberg Traurig Podcast about California Labor and Employment Law, Ryan offers insight and discusses the latest trends and developments in California Labor & Employment law.
Concentrations
- Employment class, collective, and representative actions
- Employment litigation, discrimination, harassment, and retaliation claims
- Employment counseling
- Consumer class actions
- Intellectual property
- Contract and fraud litigation
- Tort litigation
- Retail
Capabilities
Experience
- Ongoing defense of Fortune 50 retailer in California Labor Code Private Attorney General Act (PAGA) representative action regarding alleged violations of Wage Order temperature provisions.
- Ongoing defense of startup manufacturing firm in wage and hour class and PAGA representative actions alleging inaccurate wage statements, unpaid wages, unpaid overtime, failure to provide meal breaks, failure to provide rest breaks, failure to provide cooldown periods, failure to pay premium wages, inadequate recordkeeping, failure to timely pay wages during employment, inadequate wage theft notice, waiting time penalties, failure to pay vacation upon separation, failure to reimburse business expenses, failure to reimburse for uniform deposits, and violations of paid sick leave laws.
- Ongoing defense of luxury retailer in class and PAGA representative action asserting security line and rounding-related claims, including unpaid overtime and minimum wages, failure to provide meal and rest periods, wage statement violations, waiting time penalties, unreimbursed business expenses.
- Ongoing defense of international accessory retailer and in class and PAGA representative action asserting claims arising from alleged miscalculation of regular rate of pay regarding shift differential pay, including unpaid wages, waiting time penalties, meal premium payments, and penalties.
- Ongoing defense of international footwear retailer in class and PAGA representative action asserting claims for failure to pay minimum and overtime wages, failure to provide meal and rest breaks, recordkeeping violations, failure to reimburse business expenses, failure to provide accurate itemized wage statements, and failure to pay all wages at termination.
- Ongoing defense of national retailer in class and PAGA action asserting claims for failure to pay minimum and overtime wages, failure to provide meal and rest periods, failure to authorize recovery periods, failure to provide accurate itemized wage statements, and failure to pay all wages at termination, alleged on a joint employer theory.
- Ongoing defense of West Coast jewelry retailer from wage and hour and PAGA claims for alleged failure to pay vacation wages, failure to pay sick time, failure to provide meal and rest breaks, unlawful deduction of wages, failure to pay regular and overtime wages, failure to provide compliant wage statements, failure to pay wages at termination, and violations of California’s Unfair Competition Law.
- Defended Fortune 50 retailer in PAGA representative action regarding alleged violations of Wage Order suitable seating provisions.
- Defended Fortune 50 retailer in class action regarding meal break and unpaid overtime class claims; member of federal jury trial team.
- Defended online recruiting agency from related federal putative Rule 23 class action, representative PAGA action, individual arbitrations asserted by 25 plaintiffs and follow-on individual action, each alleging improper commission plan resulted in failure to pay regular and overtime wages, failure to provide mandatory meal and rest breaks, failure to provide accurate wage statements, failure to pay wages at termination, and violations of California’s Unfair Competition Law.
- Defended massage boutique from putative class and PAGA claims regarding misclassification as independent contractors, failure to provide meal and rest breaks, failure to pay overtime, regular, and minimum wages, failure to pay for non-productive time, failure to provide accurate wage statements, failure to pay wages at termination, violations of California’s Unfair Competition Law, and individual claims for whistleblowing retaliation, and wrongful termination.
- Defended California quick service restaurant operator and franchisee in putative class and PAGA action alleging failure to provide meal and rest periods, failure to pay minimum and overtime wages, failure to pay wages to terminated employees, failure to maintain records, failure to furnish accurate wage statements, failure to indemnify employees for business expenses, and violations of California’s Unfair Competition Law.
- Defended global retailer in multiple California and Nationwide class and collective actions:
- Obtained settlement in putative California class and nationwide collective action seeking unpaid wages under California law and the FLSA premised on the core contention that employees were not properly compensated for pre-shift activities involving whether the employee should report for work and finding shift replacements.
- Obtained settlement after taking over as counsel post-certification of class of 66,000 members—all non-exempt, store associates in California—asserting unreimbursed business expenses for “uniforms,” forced patronage, and a series of derivative claims under the California Labor Code, California’s Unfair Competition Law, and PAGA.
- Obtained settlement after taking over as counsel in nationwide (excluding California) FLSA putative collective action of non-exempt store associates alleging minimum wage violations stemming from unreimbursed business expenses for “uniforms,” as well as derivative state law claims under Massachusetts, New York, and Florida law.
- Obtained dismissal of all claims at pleading stage without leave to amend for education services firm, in class action for Labor Code violations stemming from use of payroll card for payment of final wages, including claims alleging payment of wages with prohibited form of payment, failure to timely pay wages, waiting time penalties, unfair business practices, and PAGA, dismissed at the pleading stage without leave to amend.
- Defeated class certification bid by putative class of current and former exempt employees of global quick service restaurant and franchisor alleging misclassification and seeking unpaid wages, and civil and statutory penalties for alleged wage and hour violations.
- Submitted amicus briefing and second-chaired argument to the California Court of Appeal in support of national retailer regarding interpretation of “reporting time pay” provision of the Wage Orders, an issue of first impression for that court.
- Defend Fortune 50 financial institution, including claims of unlawful collection of previously-paid wages, failure to indemnify for business expenses, failure to pay earned wages, failure to provide accurate wage statements, compelled agreement to illegal contract, breach of contract, and violation of California’s Unfair Competition Law.
- Obtained dismissal of all claims without leave to amend at the pleading stage for global airline service company, including claims alleging wrongful termination, gender discrimination, workplace harassment, disability discrimination, retaliation, failure to prevent discrimination, harassment, and retaliation, and loss of consortium.
- Obtained dismissal of all claims with prejudice for Fortune 500 global hotel chain; Plaintiff’s failure to timely pay wages, inaccurate wage statements, waiting time penalties, declaratory relief, and punitive damages claims, dismissed at the pleading state without leave to amend; obtained voluntary dismissal with prejudice from Plaintiff on her surviving overtime, meal break, rest break, and Unfair Competition Law claims in exchange for no consideration.
- Obtained dismissal of all claims without leave to amend at the pleading stage for global airline service company, including claims alleging wrongful constructive termination, racial/national origin harassment, disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, failure to prevent harassment, discrimination and retaliation, and intentional infliction of emotional distress.
- Obtained dismissal of all claims without leave to amend at the pleading stage for global travel retailer and restauranteur, including claims alleging retaliation, discrimination, wrongful termination, and sexual harassment.
- Defend of North American retailer from claims of alleged retaliation for whistleblowing.
- Obtained settlement for global insurer in action alleging gender discrimination, harassment, and retaliation, whistleblowing retaliation, breach of contract, wrongful termination, negligent hiring, supervision and retention, and intentional infliction of emotional distress.
- Defend national restaurant chain in actions alleging violations of the Americans with Disabilities Act and the California Unruh Act.
- Defend small business owners in action alleging violations of the Americans with Disabilities Act and the California Unruh Act.
- Coordinating counsel for health care provider’s Southern California individual employment matters.
- Coordinating counsel for financial company’s Southern California individual employment matters.
- Represented Blue Wolf Capital Partners, LLC and GCM Grosvenor, as joint sponsors, in connection with their acquisition of Hallcon Corporation from Canadian private equity firm Novacap. Hallcon is the leading North American provider of mission-critical transportation services and infrastructure for a broad range of customers including railroads, universities, airports, hospitals and healthcare systems, public transit, technology and industrial companies, and other large employers seeking custom transportation solutions.
- Advise high-profile entertainment industry client and production companies in California compliance matters.
- Advise employers in conducting executive terminations.
- Ongoing advice to international fashion retailer in California compliance matters.
- Ongoing advice to national auto services chain in California compliance matters.
- Ongoing advice to national fitness chain in California compliance matters.
- Obtained settlement for national tax preparation services company in national class action alleging violations of RICO, fraud, negligence, California Unfair Competition Law, False Advertising Law, Legal Remedies Act, and Customer Records Act.
- Obtained seven-figure judgment on behalf of global safety consulting and certification company in Lanham Act case against trademark counterfeiters; obtain dismissal of counterfeiter’s strategic Chapter 13 bankruptcy.
- Obtained favorable settlement on behalf of global safety consulting and certification company in Lanham Act case against trademark counterfeiter.
- Ongoing representation and advice to employer regarding warranty claims against payroll provider.
- Obtained dismissal of all claims with prejudice with zero consideration paid on behalf of Fortune 50 financial institution, including claims alleging fraudulent and negligent misrepresentations.
- First-chaired arbitrations for home warranty company in consumer arbitrations alleging fraud, breach of contract, and related claims.
- Represented securities brokerage firm against claims alleging fraud, negligent misrepresentation, violations of California’s Unfair Competition Law, Breach of Contract, and Conversion in connection with alleged Ponzi scheme.
- Represented securities brokerage firm against claims alleging breach of contract, fraud, and negligent misrepresentation in connection with alleged Ponzi scheme.
- Obtained favorable settlement on behalf of global rental car company for claims alleging negligent entrustment, as well as vicarious liability for motor vehicle negligence, negligence per se, and wrongful death.
- Obtained favorable settlement in case brought against construction contractor for alleged exposure to benzene.
- Obtained favorable settlement in case brought against oil refinery for alleged exposure to benzene.
- Coordinating counsel for Americans with Disabilities Act matters for various online and brick-and-mortar retailers.
- Obtained asylum for Cameroonian refugee and ongoing representation to secure derivative asylum for immediate family.
- Obtained settlement on behalf of non-profit college in real estate dispute.
- Advise non-profit regarding executive termination.
- Judicial Extern, Hon. Richard Neiter, U.S. Bankruptcy Court, Fall 2009
Recognition & Leadership
- Listed, Super Lawyers magazine, Southern California Super Lawyers, "Rising Star," 2020
- Member, American Bar Association
- Member, Association of Business Trial Lawyers
Credentials
Education
-
J.D., summa cum laude, Pepperdine University School of Law, 2010
- Business and Production Editor, Pepperdine Law Review
- B.A., Calvin College, 2005
Admissions
- California
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
- U.S. Court of Appeals for the Ninth Circuit