AB-5 Compliance – Post Construction Trucking Exemption – AGC CA/UCON Webinar

Robert Roginson is the managing shareholder of the Los Angeles office and Chair of the firm’s Trucking and Logistics Industry Group. His practice focuses on all aspects of California and federal wage and hour and pay practice counseling and class action defense.
Mr. Roginson represents employers in administrative agency investigations and state and federal class action litigation. Mr. Roginson has defended dozens of employers, motor carriers, and other companies in class actions and PAGA lawsuits involving a variety of allegations ,including worker misclassification, meal and rest period violations, reimbursement claims, off-the-clock claims, and record keeping violations. He also counsels employers and companies on California and federal wage and hour and pay practice laws, federal preemption matters, prevailing wage laws, project labor agreements (PLAs), labor relations and union matters. Mr. Roginson is regarded by clients as a trusted strategic advisor focused on developing effective and practical solutions to complex legal employment challenges. He is adept at developing compliant policies and practices to avoid and minimize litigation.
From November 2007 until March 2010, Mr. Roginson served as Chief Counsel for the California Division of Labor Standards Enforcement(DLSE). Appointed by Governor Arnold Schwarzenegger, Mr. Roginson represented and advised the California Labor Commissioner and her staff in all aspects of enforcement and interpretation of California’s labor and wage/hour laws, licensing requirements, and retaliation statutes. He also managed and directed the Division’s litigation and handled matters involving meal and rest period and wage and hour compliance and enforcement, public works and prevailing wage requirements, the Talent Agency Act, and the Private Attorney General Act (PAGA). As Chief Counsel, Mr. Roginson authored the DLSE amicus brief in the landmark California Supreme Court
Brinker
case, and his brief set forth the standard adopted by the Court for what constitutes lawfully providing a meal period under California law. Mr. Roginson also authored several significant DLSE opinion letters clarifying and explaining California law. They include opinion letters affirming California’s on-duty meal period requirements, affirming an employer’s right to take deductions for vacation and sick time for partial-day absences for exempt employees, affirming an employer’s right to implement proportionate salary and work schedule reductions for exempt employees, authorizing the use of debit pay cards and convenience checks, and approving temporary alternative workweek schedules. Mr. Roginson has also served as an expert witness and consultant in several wage and hour and public works matters.

Mr. Roginson focuses a significant portion of his practice to counseling and representing contractors, developers, and companies regarding state and federal prevailing wage laws, including the Service Contract Act and Davis-Bacon Act. Mr. Roginson counsels national employers on steps to achieve multi-state compliance with state prevailing wage laws. Mr. Roginson regularly defends contractors and subcontractors against DLSE Civil Wage and Penalty Assessments, seeks public works coverage determinations, and analyzes and counsels clients on complex public works coverage issues. While Chief Counsel of the DLSE, Mr. Roginson co-wrote and edited the DLSE’s Public Works Manual. Before becoming an attorney, Mr. Roginson worked in the industrial relations department for a multi-employer construction trade where he represented construction contractors in labor grievance and arbitration matters in addition to the negotiation of the Southern California building trades master labor agreements.

With more than 30 years of experience, in state, federal, and administrative proceedings and trials, as well as arbitration and mediation, Mr. Rosin has successfully prosecuted his client’s claims and defended their interest in disputes arising from the construction of bridges, highways, energy production and waste treatment facilities, jails and prisons, manufacturing plants, dams, pipelines, site utilities, and aqueducts, heavy rail transit vehicles, office developments, high-rise structures, schools, hospitals, residential projects. Drawing on that experience, he is able to develop strategies to resolve disputes cost effectively and expeditiously, and he is able to draft and negotiate agreements that take into account the actual realities of construction in the field. Mr. Rosin has successfully argued appeals to the California District Courts of Appeal, including the first California decision with regard to best value procurement, Schram Construction, Inc. v. Regents of University of California, 187 Cal. App. 4th 1040 (2010). He was the lead (and sole) counsel in a complex, month long trial that resulted in a $2.1 million judgment in favor of his client, the general contractor on a school construction project; the judgment included $695,981 in prompt payment penalties and $839,212 in attorney’s fees. The author of articles on mechanic’s lien, bonds and suretyship, environmental regulation, the Uniform Commercial Code, and prompt payment statutes, he is a frequent speaker at seminars and continuing education programs for attorneys, contractors, material suppliers and construction managers. Mr. Rosin is a past member of the California Bar Association’s respected Committee on the Administration of Justice, and he has testified before the State Legislature in connection with legislation affecting the construction industry.