People: Francis J. Ortman, III, Partner

Photo of Francis J. Ortman, III, Partner

Francis J. Ortman, III

Partner

San Francisco
Direct: (415) 732-1102
Fax: (415) 397-8549
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Mr. Ortman is a partner in the Labor and Employment Department in the San Francisco office of Seyfarth Shaw LLP.  He represents and counsels both public and private sector employers in all aspects of labor and employment law.  His experience includes the defense of major wage and hour, discrimination and unfair competition class actions as well as the defense of employers in a variety of claims arising out of alleged violations of the California Labor Code and the FLSA.

Mr. Ortman has handled all aspects of class action employment cases, from the pleading stage through trial.  In 2006 alone, Mr. Ortman secured defense verdicts in three separate jury trials involving allegations of retaliation and discrimination, as well as violations of California wage and hour laws.  One of those trials resulted in the first defense jury verdict in a wage and hour class action in California, and was selected by the Daily Journal as one of the Top Defense Verdicts in California in 2006.

Mr. Ortman has also given speeches to employer groups on how to manage class action litigation, and on how to avoid becoming the target of a class action lawsuit.

Before entering law school, Mr. Ortman was a middle school history teacher and the host of his own public access cable television show.

Mr. Ortman is a partner in the Labor and Employment Department in the San Francisco office of Seyfarth Shaw LLP.  He represents and counsels both public and private sector employers in all aspects of labor and employment law.  His experience includes the defense of major wage and hour, discrimination and unfair competition class actions as well as the defense of employers in a variety of claims arising out of alleged violations of the California Labor Code and the FLSA.

Mr. Ortman has handled all aspects of class action employment cases, from the pleading stage through trial.  In 2006 alone, Mr. Ortman secured defense verdicts in three separate jury trials involving allegations of retaliation and discrimination, as well as violations of California wage and hour laws.  One of those trials resulted in the first defense jury verdict in a wage and hour class action in California, and was selected by the Daily Journal as one of the Top Defense Verdicts in California in 2006.

Mr. Ortman has also given speeches to employer groups on how to manage class action litigation, and on how to avoid becoming the target of a class action lawsuit.

Before entering law school, Mr. Ortman was a middle school history teacher and the host of his own public access cable television show.

Courts

  • Supreme Court of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central, Eastern, and Northern Districts of California

Affiliations

  • California Bar Association
  • Contra Costa County Bar Association
  • Bar Association of San Francisco
  • California Minority Counsel Program Member

Representative Engagements

  • Arnold v. Mutual of Omaha (Contra Costa County Superior Court - 2011)  Putative class action alleging that insurance agents are entitled to expense reimbursements and other benefits of the California Labor Code.  Secured summary judgment of named plaintiff's claim prior to class certification on the basis that plaintiff was an independent contractor, not an employee of Mutual.
  • Hoenemier v. Sun Microsystems, Inc. (Santa Clara County Superior Court) - Class action alleging of misclassification of technical writers as exempt employees under California law.  Resolved through mediation.
  • Kenny v. Regis, Inc. (N.D. Cal. 2008) - Defeated motion for certification of putative class of hair salon workers alleging California meal period violations, which resulted in a favorable and frequently cited written order for employers on what it means to “provide” employees with a meal period as required by the California Labor Code.  (2008 WL 2265194)
  • Walsh v. IKON Office Solutions, Inc. - Secured decertification of class of account managers allegedly misclassified as outside salespeople.  Published opinion by appellate court is seminal decision affirming a trial court’s discretion to deny certification in “misclassification” cases where individualized analyses of job duties make collective treatment impossible.  (148 Cal.App.4th 1440 (2007))

Trial Experience

  • Wiseman v. IKON Office Solutions, Inc. (2006) -Six week trial of class action claims for expense reimbursement claims of outside salespeople who allegedly exceeded their expense budgets in non-accountable plan.  Secured the first defense jury verdict in a major wage/hour class action in California history.
  • Bharji v. Securitas (2006) Four week trial of discrimination, harassment and retaliation claims of former security guard.  Defense jury verdict.
  • Taormina v. Blue & Gold Fleet, LP (2006) Three week trial of retaliation claim of ferry boat deckhand.  Defense jury verdict.
  • Valdez v. Intel Corporation (2009) Secured terminating sanctions against plaintiff during her direct examination after almost two weeks of trial testimony in a gender and age discrimination case.

Presentations

  • “Winning the Certification Battle:  Analyzing Recent Rulings, Certification and Decertification Grounds to Craft a Strategy for Current and Future Cases,” ACI National Forum on Wage and Hour Litigation (September 14, 2010)
  • “Winning the Key Wage and Hour Motions:  What Works and What Doesn't for Summary Judgment Motions, Motions to Strike, and Motions for Sanctions,” ACI National Forum on Wage and Hour Litigation (October 29, 2009)
  • “Recent Developments in Employment Class Action Litigation,” The State Bar of California 2009 Labor and Employment Annual Meeting (October 23, 2009) 
  • “Wage and Hour Class Actions:  Winning the Certification Battle,” ACI National Forum on Wage and Hour Litigation (October 2008)
  • “War Stories and Analysis: Recent Wage and Hour Jury Trials,”  ACI National Forum on Wage and Hour Litigation (October 3, 2007)

Publications

  • "Chapter Editor, American Bar Association's Fair Labor Standards Act MidWinter Report - 2011" (2011)
  • "Silencing the Minority: The Practical Effects of Arkansas Educational Television Commission v. Forbes." 49 Cath. U.L. Rev. 613 (2000)