Chen G. Ni Counsel

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Chen is a battle-tested litigator with over a decade of experience counseling and defending nationwide employers on all facets of labor and employment litigation, specializing in wage and hour class actions and restrictive covenant disputes.

In his practice, Chen regularly represents clients confronted with allegations of discrimination, harassment, retaliation, wage and hour violations and other employment disputes involving virtually every federal statute addressing labor and employment issues. Chen also has extensive experience counseling and defending California-based employers in wage-and-hour class actions, collective actions, and representative (PAGA) actions. Additionally, Chen has significant experience advising clients on restrictive covenant issues and disputes in virtually every state, as well as successfully prosecuting and defending restrictive covenant actions in various states from Michigan to Florida.

Chen’s nationwide practice requires him to regularly interface with federal and state government agencies, including the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board, as he defends employers against charges of discrimination, unfair labor practice, and OSHA citations, and helps them navigate the mediation and conciliation process.

Apart from defending and counseling clients on employment disputes, Chen also provides guidance to employers on navigating the everchanging landscape of labor relations for both unionized and non-unionized workforces, He has advised clients on best practices during unionization drives, beating NLRB secret ballot elections, and negotiating new collective bargaining agreements for newly unionized workforces.

Experience

  • Successfully resolved dozens of single plaintiff and multi-plaintiff cases in jurisdictions through the country alleging discrimination, retaliation, harassment or other violations of state or federal employment laws.
  • Defeated nationwide collective and class certification of wage-and-hour litigation seeking to certify a putative class of over 20,000 distribution center employees for Fortune 100 retailer.
  • Defeated California statewide class certification of wage-and-hour litigation seeking to certify a putative class of over 10,000 California-based retail employees for Fortune 100 retailer.
  • Defeated petition for preliminary injunction / TRO against hospital system for enforcing its COVID-19 vaccination policy on patient-effacing medical staff.
  • Successfully obtained $600,000 settlement as first chair in restrictive covenant litigation in Florida for private equity firm’s landscaping business platform.
  • Successfully obtained numerous summary judgment wins in single-plaintiff employment litigation in federal and state courts.
  • Lead drafter of amici curiae brief filed with the California Supreme Court in defense of employers’ right to engage in time-rounding practices consistent with federal law.