Timothy Freudenberger's Email & Phone

Areas of emphasis are employment-related/wage and hour class action litigation and other complex litigation matters under the California Business and Professions Code. Professional Experience Founding Partner, Carlton DiSante & Freudenberger LLP,1994-present Partner, Carlton DiSante & Freudenberger LLP, 1994-present Manager, Firm Class Action Defense Litigation Practice Member, Firm's Executive Committee, 1994-present Representative Experience and Accomplishments Tim Freudenberger is the manager of the firm's class action defense litigation practice. He has extensive experience representing California employers that are faced with today's growing class action claims. He has represented high profile employers that have been the target of class action lawsuits alleging misclassification of employees as exempt under California law and numerous other claims alleging violations of various provisions of the California Labor Code. Mr. Freudenberger has defended a broad range of industries against class action claims. Industries include manufacturing and service, retail, high profile restaurant chains, food and agriculture, banking, and technology. His experience, combined with his representative clients in various industries, affords him the expertise that is needed when defending employment-related class action claims. A few of his accomplishments in class action representation include the following: Lead counsel in putative class action involving claims for unpaid overtime, meal and rest period violations, and unfair competition. Plaintiffs sought to represent all store managers and assistant store managers in high profile Riverside based automotive company. The plaintiffs' motion for class certification was denied on March 27, 2009. Lead counsel in class action involving claims for unpaid overtime under the California Labor Code and a Section 17200 claim for high profile employment staffing agency. Mr. Freudenberger successfully defeated class certification in this matter on the overtime claim, and the ruling was upheld on appeal. Lead counsel in class action case involving claims regarding the managerial exemption under the Labor Code and Section 17200 of the Business and Professions Code for a high profile restaurant chain. Mr. Freudenberger defeated class certification in this matter, and the court's order resulted in a published decision. Lead counsel in class action matter involving causes of action for unpaid overtime in violation of various California Labor Code Sections and unfair business practices in violation of California Business & Professions Code Section 17200 et seq. against a national banking institution. When this case was pending in the U.S. District Court for the Northern District of California, Mr. Freudenberger successfully opposed plaintiff's motion for class certification. After the case was remanded to state court, he was also successful in disqualifying plaintiff's counsel for improper and misleading communications with potential class members. In addition, he successfully opposed class certification a second time when the superior court granted the defendant's motion to deny class certification. Lead counsel in class action case involving a claim for penalties for the alleged violation of Labor Code Section 432.8 regarding impermissible inquiries on employment applications and a Section 17200 claim against a national cinema corporation. Mr. Freudenberger filed a demurrer to the complaint based upon statutory construction and standing arguments, and the demurrer was sustained without leave to amend thereby ending the action. Plaintiff's counsel did not appeal the ruling. Lead counsel in class action case involving allegation that a high profile retail store improperly classified its store managers and assistant store managers as exempt from California's wage and hour laws. The complaint sought remedies for the alleged failure to pay overtime and provide meal periods to putative class members under the Labor Code and under Section 17200 of the Business & Professions Code. Mr. Freudenberger was successful in having plaintiff's motion for class certification denied. Regularly quoted and writes articles on labor and employment class action defense issues including the following: Quoted in the California Lawyer Magazine in an article "Catching the Wave - The 6 Biggest Practice Areas" regarding class action litigation. Author of Article, Class Action Meal and Rest Periods Claims, The Newest Rash of Class Action Lawsuits Against Employers Published Opinions Jimenez v. Domino's Pizza, Inc., 238 F.R.D. 241 (C.D. Cal. 2006) Koo v. Rubio's Restaurants, Inc., 109 Cal.App.4th 719 (2003) Lee v. Bank of America, NT&SA, 27 Cal.App.4th 197 (1994)