Attachment 1 - Burke RFQ ProposalProposal to Provide Independent
Police Auditor Investigation
Services to the
Town of Los Gatos
Proposed Lead Attorney
Timothy L. Davis
Burke, Williams & Sorensen, LLP
60 South Market Street, Suite 1000
San Jose, CA 95113-2336
p: 408.606.6317 | e: tdavis@bwslaw.com
Submitted March 10, 2021
ATTACHMENT 1
Los Angeles – Inland Empire – Marin County – Oakland – Orange County – Palm Desert – San Diego – San Francisco – Silicon Valley – Ventura County
Direct No.: 408.626.6317
tdavis@bwslaw.com
60 South Market Street - Suite 1000
San Jose, California 95113-2336
voice 408.606.6300 - fax 408.606.6333
www.bwslaw.com
March 10, 2021
Via email to manager@losgatosca.gov
Laurel Prevetti
Town Manager
Town of Los Gatos
110 E. Main Street
Los Gatos, California 95030
Re: Statement of Qualifications to Provide Independent Police Auditor Investigation
Services to the Town of Los Gatos
Dear Ms. Prevetti:
On behalf of Burke, Williams & Sorensen, LLP (“Burke”), I am pleased to submit this response
to the Request for Qualifications issued by the Town of Los Gatos (“Town”). Burke is extremely
interested in the possibility of providing independent police auditor investigation services to the
Town.
Burke was founded in 1927, and is a diverse, dynamic, and preeminent public law firm. For
nearly 80 years, the representation of public agencies has been the cornerstone of Burke’s legal
practice. The firm currently serves the legal needs of over 200 local governmental entities,
including cities, counties, joint powers authorities, and water and school districts. We take pride
in our long-standing tradition of providing excellent legal services at reasonable rates and
believe our team at Burke offers the depth, expertise, and commitment that the Town seeks
from its counsel. Ours is a rich tradition of providing high quality advice and services to public
agencies. We are prepared to work closely with you in budgeting, performing, reporting on, and
updating the legal services you need.
Our background and experience in conducting workplace investigations is extensive. We have
conducted investigations in response to internal grievances and complaints, inquiries by state
and federal agencies, and complaints of misconduct filed by members of the public. We have
also conducted investigations for public agencies that involved high-level employees, elected
officials, and political issues, as well as conducting administrative or personnel investigations in
the private sector.
As described in the attached materials, we propose that Sally Trung Nguyen and I serve as
investigators. Sally and I each have significant experience handling complex workplace
investigations involving both sworn and non-sworn employees.
Laurel Prevetti
March 10, 2021
Page 2
We have reviewed the Town’s contract template and do not have any exceptions or requested
changes to the contract provisions.
Thank you for considering us. If you have any questions regarding this proposal, or if you would
like additional information, please feel free to contact me at the number listed above. I look
forward to hearing from you.
Very truly yours,
Burke, Williams & Sorensen, LLP
Timothy L. Davis
Partner and Chair
Labor and Employment Law Practice Group
TABLE OF CONTENTS
Page
Statement of Qualifications to Provide Police Auditor Page i
Investigation Services to the Town of Los Gatos
SCOPE OF SERVICES ............................................................................................................ 1
EXPERIENCE AND EXPERTISE.............................................................................................. 2
QUALIFICATIONS OF KEY PERSONNEL ............................................................................... 3
Timothy L. Davis ................................................................................................................. 3
Sally Trung Nguyen ............................................................................................................. 4
DISCLOSURE OF LITIGATION/DISCIPLINE............................................................................ 4
REFERENCES & CERTIFICATION FORMS ............................................................................ 5
INSURANCE ............................................................................................................................. 5
FEE SCHEDULE ...................................................................................................................... 5
Hourly Rates ....................................................................................................................... 5
Adjustments ........................................................................................................................ 5
Reimbursements ................................................................................................................. 6
Billing Format and Procedure .............................................................................................. 6
ATTACHMENT A – REFERENCE AND CERTIFICATION FORMS
ATTACHMENT B – RESUMES
ATTACHMENT C – INVESTIGATIVE REPORT
Statement of Qualifications to Provide Police Auditor Page 1
Investigation Services to the Town of Los Gatos
SCOPE OF SERVICES
We understand that each complaint is different and can lend itself to a different investigatory
approach. Because of this, we will tailor each investigation to the needs of the Town. Our
attorneys will familiarize themselves with any internal investigation protocols to ensure that the
investigation complies not only with the special statutory and due process requirements for
those employees, but also with the Town’s internal procedures.
We will work directly with the Town to identify the best investigator(s) and to determine the
appropriate process for each investigation. Ultimately, Burke will always strive to provide the
best service to the Town at the most reasonable cost.
While the details of each investigation process may vary, there are some general approaches
that will be followed in every investigation. Each investigation will begin with appropriate fact-
gathering, including the review of relevant Town policies and procedures, review of relevant
records and evidence, and interviews of the complaining employee(s), any witnesses, and the
accused employee(s).
In keeping with any applicable legal or Town standards, Burke attorneys develop interview
admonitions that are provided to all witnesses which cover topics such as confidentiality of
interview (to the extent allowed by law), right to representation, and no retaliation. When
necessary, each investigator will make credibility assessments of the witnesses and involved
parties. In order to assess credibility and make findings of fact, we conduct in-person interviews
unless circumstances are such that a telephonic interview is the only option available.
We have interviewed dozens of represented and unrepresented employees and are familiar with
sources of representation rights. We will inquire into and adhere to any standard practices or
contractual obligations that the Town may have with respect to representation. Further, our
attorney investigators are familiar with the procedural requirements of the POBRA and FBRA,
and will adhere to all necessary legal requirements for police and fire employees.
The assigned attorney may or may not use a digital recorder during an investigation, depending
on the circumstances of the investigation. When utilizing a recorder, Burke’s standard practice
is to have working transcripts of those recordings created internally. We do not routinely
provide transcripts or recordings of interviews (unless required to do so by law), but instead
provide summaries of those interviews. Exceptions to this standard practice can be evaluated
on a case-by-case basis.
After fact-gathering has been completed, the assigned attorney(s) will analyze all information
gathered and provide a comprehensive written report of findings of fact to the individual
designated as the point of contact by the Town. Our reports will be limited to making factual
determinations. At the request of the Town, we can also evaluate whether any applicable Town
rule or policy has been violated. We do not make legal findings or recommendations for
discipline or any related issues.
At the request of the Town, we can meet with appropriate staff or officials to present our
findings.
Statement of Qualifications to Provide Police Auditor Page 2
Investigation Services to the Town of Los Gatos
We are also mindful of confidentiality and privilege issues, and our retainer is specially drafted
to establish the attorney-client privilege pursuant to City of Petaluma v. Superior Court. Our
team of attorney investigators will be sensitive to privilege and confidentiality throughout the
investigation process. We are also committed to being responsive, timely, and will keep you
updated throughout the investigation.
EXPERIENCE AND EXPERTISE
Members of Burke’s Labor and Employment Law Practice Group understand the frequent and
unique challenges facing public entity employers in California. Burke’s employment attorneys
have been providing public sector investigative services for over 25 years.
Because Burke’s employment attorneys regularly oversee workplace investigations by outside
investigators, interact with union representatives, advise on discipline and remedial measures
stemming from misconduct investigations, represent employers in disciplinary appeals, and
defend investigations in litigation, we bring critical experience and perspective to performing
timely, high-quality investigations that will withstand subsequent scrutiny.
Our background and experience in conducting workplace investigations is extensive. Our
investigations have involved allegations of workplace harassment, discrimination and retaliation,
threats of violence, inappropriate or unlawful hiring practices, bullying, insubordination and
conduct unbecoming, whistleblower retaliation, general workplace misconduct, and conflict of
interest, among other issues. We have conducted investigations in response to internal
grievances and complaints, inquiries by state and federal agencies, and complaints of
misconduct filed by members of the public.
Burke attorneys are familiar with investigations that require compliance with special rules for
peace officers and firefighters and the unique procedural rights that apply to investigations
involving public employees. We are always mindful of statutory deadlines, representation
considerations, proper admonitions, and other procedural and substantive considerations.
Our experience includes investigations for public agencies involving high-level employees,
elected or appointed officials, and sensitive personnel and political issues. We have also been
involved in multi-party investigations, and we are well-equipped to handle the complications
involved when there are cross-allegations made during investigations.
Additionally, our attorneys regularly teach Human Resource Professionals and other in-house
investigators on appropriate investigation techniques and preparing effective investigation
reports.
We offer the investigatory skills of very experienced labor and employment attorneys with
knowledge and expertise of investigations of workplace misconduct of all types.
A copy of an actual investigative report written by Tim and Sally is included as Attachment C to
this proposal.
Statement of Qualifications to Provide Police Auditor Page 3
Investigation Services to the Town of Los Gatos
QUALIFICATIONS OF KEY PERSONNEL
We are committed to keep the same personnel throughout the Project and propose that Timothy
Davis and Sally Nguyen serve as investigators. Tim is an owner of the firm and has been with
Burke since 1994. Sally is a partner who joined the firm in 2018.
Timothy L. Davis
Timothy Davis is an equity partner of Burke and serves as Chair of Burke’s Labor and
Employment Law Practice Group. He has been with Burke his entire legal career, starting at the
firm as a summer clerk. Tim has handled internal investigations of employment complaints
involving discrimination and harassment, as well as grievances. He also trains Human
Resources professionals and managers regarding proper investigation techniques.
Tim is an experienced workplace investigator, who has handled complex and high-profile
investigations. For example, Tim, along with Katy Suttorp, was retained to conduct an
investigation for a public agency into ten concurrent allegations of race harassment and
discrimination, including three employees who had submitted their complaints to the Department
of Fair Employment and Housing. One employee pursued her DFEH complaint and lawsuit
against the agency, and Tim was called upon to defend their investigative work during
deposition. Tim and Katy were retained a second time to investigate additional allegations of
race discrimination in the agency’s hiring practices.
In June 2012, the City of Oakland retained Tim to conduct internal affairs investigations for the
Oakland Police Department in response to Occupy Oakland related protests in October 2011.
The protests led to confrontations between protesters and the police and resulted in 1,127
citizen complaints alleging excessive use of force and other policy violations. To assist with the
significant influx of cases and meet a court imposed deadline to complete the investigations, the
Police Department organized the complaints into 150 different cases and assigned 16 cases
with over 20 complainants to the Burke team. With only three months to complete the
investigations, the Burke team followed the Police Officers Bill of Rights requirements and
identified potential rule violations, noticed and interviewed a total of 60 subject and witness
officers, analyzed every alleged use of force by Oakland police officers at different locations and
times, including use of specialty impact less lethal munitions, chemical agents, and long batons,
and brought to findings all allegations of use of force. As part of the investigations, the Burke
team also analyzed collateral policy issues relating to use of force in crowd control situations
and made training and policy recommendations for future crowd management and police
planning.
Tim’s practice also includes development of personnel rules and policies including discipline
and grievance procedures, and the investigation of grievances. He advises management clients
on labor and employment law compliance matters. He has also served as legal adviser during
grievance proceedings. Additionally, Tim has negotiated numerous labor agreements between
cities and their employee groups, including police, fire, general employees, and management
groups. He currently serves as lead negotiator in collective bargaining for the cities of San
Diego, Roseville, Santa Cruz, San Rafael, and Tracy, as well as the Santa Cruz Port District,
and he has advised numerous other public agencies throughout the state of California on
Statement of Qualifications to Provide Police Auditor Page 4
Investigation Services to the Town of Los Gatos
collective bargaining issues. An experienced litigator, his reported decisions include Alhambra
Police Officers Association v. City of Alhambra, (2003) 113 Cal.App.4th, 413.
Tim received his B.A. degree cum laude in Integral Studies from Saint Mary’s College of
California in 1992 and his J.D. degree from the University of the Pacific, McGeorge School of
Law in 1995.
Sally Trung Nguyen
Sally Nguyen is an income partner and a member of the firm’s Labor and Employment Law
Practice Group. She has been practicing exclusively labor and employment law for over a
decade. She frequently handles work-related investigations involving both sworn and non-
sworn employees. She has successfully completed the Association of Workplace Investigators’
(AWI) Training Institute for Workplace Investigations and earned her AWI Certificate (AWI-CH).
Sally has conducted a wide-variety of workplace investigations, including complex matters
involving numerous complainants and subjects. Recently, Sally conducted an investigation for a
public agency involving four complainants alleging, collectively and separately, sex
discrimination and abusive conduct against one subject. Eighteen individuals were interviewed
as part of that investigation. Shortly after that investigation concluded, the same public agency
retained Sally to conduct another workplace investigation. The second investigation involved
cross-complaints between a manager and subordinate, each alleging abusive conduct and
personnel policy violations by the other.
In addition, Sally has conducted workplace investigations involving violations of a various
department policies, race discrimination, sex discrimination, age discrimination, harassment,
and retaliation. She regularly advises public agencies on the Public Safety Officers Procedural
Bill of Rights, Weingarten rights, and the Skelly process. Sally has also advised public agencies
on how to conduct workplace investigations that may involve potential crimes, including the
Garrity and Lybarger warnings that must be provided. Moreover, Sally has represented public
agencies in administrative proceedings concerning appeals of disciplinary actions taken against
sworn officers and other employees.
Sally received her B.A. degree from the University of Berkeley in 2005 and her J.D. degree from
the University of California, Hastings College of Law in 2009.
DISCLOSURE OF LITIGATION/DISCIPLINE
City of Industry v. Burke, Williams & Sorensen, LLP, LASC Case No. KC 068777 – The parties
and insurer settled this matter in November 2019 and the settlement agreement is subject to a
non-disclosure agreement.
Jane Doe v. Burke, Williams & Sorensen, LLP, LASC Case No. BC553797 – In 2014, plaintiff
Doe filed a meritless class action complaint against Burke alleging various causes of action
regarding its contingency fee agreement. Thereafter, in response to numerous adverse court
rulings, the plaintiff filed three different amended complaints. The court ruled in favor of Burke
and dismissed the class action portion of the third amended complaint. The case regarding the
Statement of Qualifications to Provide Police Auditor Page 5
Investigation Services to the Town of Los Gatos
individual plaintiff’s action was stayed because it related to a separate legal action in which
Burke was awarded substantial attorney’s fees against the plaintiff. The plaintiff’s appeal of the
court’s ruling in favor of Burke was denied on September 30, 2020 and the case is subject to a
protective order. The stay in the individual plaintiff’s action has been lifted now and the plaintiff
has hired her fourth new attorney to pursue the matter. There is a status conference set for
March 9, 2021.
REFERENCES & CERTIFICATION FORMS
Burke’s completed Reference Form and Certification Forms are included as Attachment A.
INSURANCE
Burke maintains a comprehensive insurance program with high limits through carriers which are
rated A or A+ by A. M. Best rating service. The General Liability Policy provides primary limits
of $1 Million per Occurrence, including Personal Injury, followed by a $10 Million Umbrella
Policy limit. Where indemnification is required, the firm’s policy includes contractual liability,
blanket additional insured pro-visions, primary and non-contributory wording, severability of
interests, and blanket waiver of subrogation (applicable to the workers compensation policy
also). As the firm owns no automobiles, liability coverage is written to include hired or non-
owned autos which may be used by the firm or its employees.
The Lawyers Professional Indemnity program provides no less than $5 Million in coverage for
each claim and no less than $10 Million in the aggregate for all claims made during the policy
period in connection with acts by or on behalf of the firm by its attorneys, employees and others
in the firm’s capacity as Attorneys, Counselors at Law, or Notaries; subject to the policy’s terms,
conditions, exclusions and limitations.
FEE SCHEDULE
We believe that the rates quoted below are reasonable and competitive.
Hourly Rates
Staffing Hourly Rate
Timothy L. Davis $350
Sally Trung Nguyen $325
Associate Attorneys $290
Adjustments
The rates for legal services quoted in this proposal will remain in effect for the first year of the
contract. Thereafter, unless otherwise negotiated, rates may be adjusted based on a standard
annual adjustment upon consultation with the Town Manager and approved by the Town
Statement of Qualifications to Provide Police Auditor Page 6
Investigation Services to the Town of Los Gatos
Council as part of the Council’s standard budget adoption process, equal to the greater of the
average Consumer Price Index for the previous four quarters or any across the board salary
increase granted to represented management personnel within the district.
Reimbursements
We routinely charge our clients for our direct out-of-pocket expenses and costs incurred in
performing the services. These costs and expenses commonly include such items as
reproduction of documents, facsimile, mileage reimbursement for travel at the IRS approved
rate, and other costs reasonably and necessarily incurred in performing services for the Town.
We do not charge a service fee or overhead for cost reimbursement items. We also do not
charge for computer or word processing time. Reimbursement amounts may be adjusted
annually.
Expense Rate
In-house reproduction charges
black and white 20¢ per page
color $1 per page
Mileage 56¢ per mile (or current IRS rate)
Facsimile $1 per page
All other costs reasonably and
necessarily incurred in performing
services for the Town at cost
Billing Format and Procedure
Bills are sent out each month invoicing charges for the prior month. Fees for our services are
charged in increments of 1/10th of an hour. The bills provide a specific description of the work
performed by all attorneys, the time actually spent on the work item, and the billing rate of the
attorney. These bills also contain itemized descriptions of any out-of-pocket expenses incurred
during the prior month.
ATTACHMENT B – RESUMES
shimk
PRACTICE GROUPS
Labor and Employment
Litigation
Public
EDUCATION
J.D., University of the Pacific, McGeorge
School of Law, 1995
B.A., cum laude, Integral Studies, Saint
Mary's College of California, 1992
ADMISSIONS
State Bar of California
United States District Court for the Central
District of California
Timothy L. Davis
Partner
Pronouns: he, him, his
Silicon Valley tdavis@bwslaw.com
60 South Market Street, Suite 1000 408.606.6317 D
San Jose, California 95113 408.606.6300 T
Timothy Davis is a partner in Burke, Williams & Sorensen's Silicon Valley
office and is Chair of the firm's Labor and Employment Law practice group.
Tim has tried to verdict employment cases in both federal and state court, and
has conducted over 70 employment arbitrations. Tim routinely defends
employers in litigation matters in actions involving state and federal law, such
as Title VII, the California Fair Employment and Housing Act, Americans with
Disability Act, Age Discrimination and Employment Act, Family and Medical
Leave Act, California Family Rights Act, California Pregnancy Disability Act,
Public Safety Officers Procedural Bill of Rights, and wage and hour issues,
including wage and hour class actions. He has represented employers in
claims of wrongful termination, breach of fiduciary duty, breach of loyalty,
unlawful interference with prospective economic advantage, unfair
competition, and constitutional rights violations. His practice also includes the
representation of employers before state, federal, and local administrative
proceedings, including the Department of Labor, local civil service
commissions, PERB, EEOC, and OSHA. Tim's reported decisions include
Alhambra Police Officers Association v. City of Alhambra, (2003) 113
Cal.App.4th, 413.
Tim also represents both public and private employers as a lead negotiator
during collective bargaining with their employee groups, including police, fire,
general employees, and management groups. Additionally, his practice
includes internal investigations of employment complaints involving
discrimination and harassment, as well as the presentation of seminars on
how to prevent discrimination and harassment and investigate allegations of
discrimination and harassment. He also trains human resources
professionals and managers regarding proper investigation techniques. His
practice includes development of personnel rules and policies including
discipline and grievance procedures, and the investigation of grievances. He
advises management clients on labor and employment law compliance
matters. He has also served as legal advisor during grievance proceedings.
Tim's commitment and experience in public law began in law school, where
he co-authored the article, "Does a Public Law Attorney Owe a Duty to Third
Parties?" which appeared in the Summer 1994 issue of the Public Law
Journal.
RESULTS
Torrance et al. v. City of Alhambra. Public Safety Officers Procedural Bill
of Rights litigation. Prevailed at trial; employee writ and request for
injunction denied; affirmed on appeal.
Flannagan v. City of Alhambra. Police First Amendment litigation.
Federal jury trial verdict for plaintiff limited to $8,000 damages.
Timothy L. Davis
Page 2
Alhambra Police Officers Association v. City of Alhambra. Public Safety Officers Procedural Bill of Rights
litigation. Prevailed at trial; affirmed on appeal.
Employment-Related Litigation
Tony Reeves v. City of Alhambra. Race discrimination litigation. Prevailed on summary judgment.
Anthony Jones v. City of Alhambra. Race discrimination litigation. Prevailed on summary judgment.
Earl Botke v. City of Alhambra. Race discrimination litigation. Prevailed on summary judgment.
Alhambra Firefighters Association v. City of Alhambra. Employment litigation. Prevailed on summary judgment.
Edith Lopez v. City of Alhambra. Police discrimination litigation - race, gender, religion. Settled at mediation.
Isaac Amey v. City of South Gate, et al. Race discrimination/ harassment litigation. Settled at mediation.
Sonia Clayton v. City of South Gate, et al. Pregnancy and gender discrimination litigation. Settled after
mediation.
Armando Castillo v. Ventura County Community College Dist. Race and age discrimination litigation. Settled at
mediation.
Ray Centeno v. Ventura County Community College District. Race discrimination and harassment litigation.
Settled at mediation.
Arbitrations Involving Public Employee Claims
Peter Nava v. City of Alhambra. Wrongful termination arbitration. Prevailed at arbitration; employee writ denied;
affirmed on appeal.
Daniel Humphreys v. City of Alhambra. Wrongful termination arbitration. Prevailed at arbitration; employee writ
denied.
Philip Sheriden v. City of Alhambra. Wrongful termination. Prevailed at arbitration; employee writ denied.
Pfau v. City of Alhambra . Employment arbitration. Prevailed at arbitration.
Jose Feliciano v. City of Glendale. Wrongful demotion arbitration. Prevailed at arbitration.
Mike Briedert v. City of Santa Clarita. Wrongful termination. Prevailed at arbitration.
R.P. Brar v. City of Banning. Wrongful termination. Prevailed at arbitration; writ of mandate denied.
Cecelia Costlano v. City of Moorpark. Wrongful suspension and wrongful termination. Prevailed at arbitration on
both matters.
Celia Hernandez v. City of Moorpark. Wrongful termination arbitration. Prevailed at arbitration.
Anthony Smith v. City of Chino Hills. Wrongful termination arbitration. Prevailed at arbitration.
Michael Johnson v. Port Hueneme. Wrongful termination arbitration. Prevailed at arbitration
John Harbor v. City of Santa Paula. Wrongful termination. Prevailed at arbitration
Larry Blinn v. Port Hueneme. Wrongful termination. Prevailed at arbitration.
Israel Reyes v. Port Hueneme. Wrongful termination. Prevailed at arbitration.
Myrna Kassack v. City of Hemet. Termination. Prevailed at arbitration; upheld on writ before in Superior Ct.
Timothy L. Davis
Page 3
INSIGHTS
Presentations
“Health Insurance Opt-Outs After the Affordable Care Act and Flores v. City of San Gabriel Decision,” County
Counsels' Association of California Employment Law Conference, Santa Barbara, November 2016
“Essentials of Workplace Investigations,” CALPELRA Annual Training Conference, Monterey Conference Center,
November 2016
“Firefighters Procedural Bill of Rights and the Police Officer Bill of Rights: At the Intersection of Labor Relations and
POBR/FPBRA,” CALPELRA Annual Training Conference, Monterey Conference Center, October 2015
“Going with the Flow: Managing Multiple Bargaining Units to Obtain Optimal Settlements,” CALPELRA Annual
Training Conference, Monterey Conference Center, November 2014
“Preparing for Factfinding: Tools to Navigate the Impasse Process Under the MMBA,” CALPELRA Annual Training
Conference, Monterey Conference Center, November 20, 2013
“Preparing for Factfinding: Tools to Navigate the Impasse Process Under the MMBA,” County Counsels Association of
California Employment Law Fall Conference, November 7, 2013
“Negotiating Changes to Pension Benefits,” San Diego Taxpayers Association, September 12, 2013
“Predict a Better Future: Dealing with Difficult Employees,” 2013 Western Region IPMA Annual Training Conference,
May 1, 2013
“Creating Effective Documentation,” California Joint Powers Insurance Authority's Human Resources Academy,
April 23, 2013
PRACTICE GROUPS
Labor and Employment
EDUCATION
J.D., University of California, Hastings
College of the Law, 2009
B.A., University of California, Berkeley
2005
ADMISSIONS
State Bar of California
State Bar of New York
United States District Court for the
Northern District of California
United States District Court for the Central
District of California
United States District Court for the Eastern
District of California
AFFILIATIONS
Association of Workplace Investigators
National Association of Women Lawyers
Vietnamese American Bar Association of
Northern California
RECOGNITIONS
Selected to Northern California Super
Lawyers, Rising Stars 2015-2019
First Place Team, 2008 International
Academy of Dispute Resolution Mediation
Competition
Sally Trung Nguyen
Partner
Pronouns: she, her, hers
Silicon Valley snguyen@bwslaw.com
60 South Market Street, Suite 1000 408.606.6311 D
San Jose, California 95113 408.606.6300 T
Sally Trung Nguyen is a partner in the firm’s Silicon Valley office and is a
member of Burke’s Labor and Employment Practice Group. She is
experienced in handling a wide-range of labor and employment disputes,
including wage and hour compliance (individual and collective actions),
employment discrimination, harassment, retaliation, FMLA/CFRA, and
disability accommodations.
Sally has devoted her legal career to helping others resolve their disputes and
has a special affinity in representing clients in labor and employment law
matters. She regularly provides advice and counseling to management
pertaining to labor and employment law compliance, as well as serves as the
lead negotiator for various agencies. She also frequently handles
investigations concerning allegations of, among other things, harassment,
discrimination, retaliation, abusive conduct, and policy violations. Additionally,
she regularly reviews investigation files and advises management on
appropriate and strategic remedial actions. She has successfully completed
the AWI’s Training Institute for Workplace Investigations and earned her AWI
Certificate (AWI-CH).
Prior to joining Burke, Sally worked at multiple law firms in the San Francisco
Bay Area where she represented clients in individual and class action
employment cases in state, federal, and administrative proceedings before
the California Division of Labor Standards Enforcement (DLSE), the California
Department of Fair Employment and Housing (DFEH), and the Equal
Employment Opportunity Commission (EEOC). In addition, Sally has earned
a mediation certificate with Community Boards.
INSIGHTS
Presentations
“How to Document an Employee File,” Webinar, December 19, 2017
“Maternity and Pregnancy Legal Rights Program,” San Jose, CA, September
10, 2016
Monthly Radio Segments on Various Worker’s Rights Topics, Viet Tribune,
San Jose, 2013-2014