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Carmen J. Cole
Principal
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Los Angeles
,
San Francisco
D
310.203.5361
F
310.556.1802
Areas of Focus
Workforce Development, Investigations and Compliance
Employment Disputes, Litigation and Arbitration
Labor and Employment
Mobility & Vehicle Use
Education
J.D.
, Pepperdine University School of Law
, 2001
, Order of the Barristers; Moot Court Board; Appellate Moot Court, Team Chair; Trial Team; Black Law Students' Association
B.A.
, California State University Fullerton
, 1998
, Communications, Public Relations
Bar Jurisdictions
California
, 2001
Georgia
, 2008
Court Admissions
U.S. District Court, Northern District of Georgia, 2008
U.S. Court of Appeals, Ninth Circuit, 2010
U.S. District Court, Central District of California, 2001
U.S. District Court, Southern District of California, 2003
U.S. District Court, Eastern District of California, 2004
U.S. District Court, Northern District of California, 2008
Supreme Court of California, 2001
State of Georgia, 2008
Overview
Key Matters
Intelligence
News/Events
Carmen Cole’s creativity, enthusiasm, and prior experience as a Human Resources professional for a major university make her a valued resource in resolving clients' industry-specific, one-of-a-kind employment law disputes. Carmen not only understands clients' legal issues, but she also understands clients' businesses. Her knowledge of the ins and outs of a client's business is the foundation for the sound advice and legal strategies she provides to clients. Carmen works with employers to navigate complex employment law issues – advising clients on what they
can
do versus what they
should
do. Her practice is a combination of litigation defense and counseling with the goal of reaching the most strategic and cost-effective result possible for the client.
On the litigation side, she defends employers in cases involving individual violations of state and federal law, as well as defending class actions in areas such as:
Wage and hour violations
California Labor Code violations
Worker misclassification
Wrongful termination
Breach of contract
Other employment related torts
Carmen also provides advice and counseling to employers on daily work place issues, including:
Compliance with wage and hour laws
Reductions in force
Recruitment and hiring
Employee classification
Leave laws
Terminations
Other human resources practices
Carmen has served as Title IX and EEO officer for a major Southern California University. In addition to her experience in higher education, she has successfully partnered with employers and management in the healthcare, manufacturing, retail, aerospace and restaurant industries, among others.
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Distinctions
Selected as a "Most Influential Minority Attorney in Los Angeles" by
Los Angeles Business Journal
, 2019
Selected as a "Rising Star" by
Law and Politics Super Lawyers Magazine
, 2007
Featured as an "Attorney Spotlight" in
California Minority Counsel Program's Diversity Matters
, Spring 2015
Labor and Employment Star recognition by
Benchmark Litigation
, 2019
Los Angeles County Bar Association Minority Leader in the Law, 2018
Memberships
Association of Workplace Investigators, 2017-present
Women Lawyers Association of Los Angeles, 2017-present
California Minority Counsel Program, 2009-present
John M. Langston Bar Association
Los Angeles County Bar Association
Labor and Employment Section, 2004-present
President’s Advisory Committee on Women in the Legal Profession, 2017-2018
Amicus Briefs Committee, 2017-2018
Diversity in the Profession Committee, 2017-2018
Greater Los Angeles African American Chamber of Commerce, 2013-present
Professionals in Human Resources Association - Santa Clarita Chapter
Emerging Professionals Chair, 2017-2018
Professional Development Chair, 2017-2018
Pepperdine School of Law Board of Advisors, Founding Member
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Represented paper product manufacturer and obtained summary judgment on employer's behalf on all ten causes of action brought by a former employee, including age and disability discrimination, wrongful termination, retaliation and whistleblower claims. As the prevailing party, we proceeded to win an extraordinary award of attorneys' fees against the plaintiff under the California Fair Employment and Housing Act's (FEHA) prevailing party provision.
Represented a public entity and obtained summary judgment on behalf of the employer on employee's retaliation claim brought under FEHA. Plaintiff, who was employed for more than 25 years, made an initial seven-figure demand. We obtained summary judgment in favor of the employer, dismissing plaintiff's complaint in its entirety.
Represented a global, Fortune 500 financial services company in a breach of contract claim, defeating plaintiff's preliminary injunction in the district court. The Ninth Circuit affirmed the denial of plaintiff's injunction and dismissed her appeal of the district court's order compelling the matter to arbitration. The Ninth Circuit's opinion disposed of the case in its entirety and we obtained a cost award on behalf of the company. After the victor in the Ninth Circuit on the preliminary injunction and arbitration issues, the plaintiff abandoned her claims and declined to re-litigate the merits of her claims in arbitration.
Represented a Fortune 500 insurance company obtaining dismissal in a bench trial of plaintiff's claims against the employer's health plan under the Employee Retirement Income Security Act (ERISA) while simultaneously prevailing on the employer's counterclaim for overpayment of benefits to plaintiff.
Represented a global record company in race harassment, discrimination and retaliation suit filed under FEHA by a former employee. We obtained summary judgment on all 15 statutory and common law causes of action and dismissal of all claims against the corporate and individual defendants. In the same case, we defeated plaintiff's counterclaim for defamation against an individual, executive defendant on summary judgment and, thereafter, achieved a monetary settlement from the plaintiff payable to the executive who was originally sued in the underlying action.
Represented international self-storage company employer in two-week, race and religious discrimination jury trial.
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Publications & Presentations
Webinar: Labor & Employment Emerald Series: Just The Right Balance
October 9, 2018
Webinars
Polsinelli Labor & Employment Webinar: The Emerald Series: Just the Right Balance
October 9, 2018
Publications & Presentations
Employee vs. Independent Contractor
Speaker, Citywatch on the air
August 16, 2018
Publications & Presentations
Labor and Employment - A Roundtable Discussion
Los Angeles Business Journal
May 28, 2018
Publications & Presentations
Obesity-Based Disability Discrimination - New Findings in California
Polsinelli At Work Blog
January 18, 2018
Publications & Presentations
Just in Time for the Holidays: Scheduling Restrictions Take Effect for NYC Retail Employers
Polsinelli at Work Blog
November 21, 2017
Publications & Presentations
Getting into the Weeds of the Medicinal and Adult-Use Cannabis Regulation and Safety Act
Co-Presenter, CMCP Annual Business Conference; Los Angeles, CA
October 26, 2017
Publications & Presentations
Could Relief from PAGA be on the Way for California Employers?
Polsinelli at Work Blog
October 17, 2017
Publications & Presentations
Economic Forecast: A Discussion with Carmen Cole
Featured in Los Angeles Business Journal
September 25, 2017
Publications & Presentations
Is an 8 and 80 Overtime Schedule Right for my Facility?
Oregon Healthcare News
September 12, 2017
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Related News
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News Releases
Polsinelli Principal Carmen Cole Featured in Los Angeles Business Journal’s Most Influential Minority Attorneys
February 14, 2019
News Releases
Polsinelli Nationally Ranked in Inaugural Labor and Employment Litigation Edition, Reflecting Firm's Commitment to Litigation Excellence
October 25, 2018
News Releases
Polsinelli Continues to Expand California Footprint with the Addition of High-profile Labor and Employment Attorney Carmen Cole
May 1, 2017
Past Events
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Events
Polsinelli Labor & Employment Webinar | Emerald Series: Just The Right Balance
October 9, 2018
real people.
real perspective.
SM
"Defending or advising employers is not a 'one size fits all' proposition; to really do it (and do it right) requires an intricate knowledge of the client's industry, business, brand, and vision."