Arthur A. Hartinger

Overview

Arthur (Art) Hartinger is the Chair of the firm’s Labor and Employment Practice Group and one of California’s leading labor and employment attorneys. He has been designated by the Daily Journal as one of the “Top 75 Labor & Employment Attorneys” in 2013 and a “Northern California Super Lawyer” each year since the inception of the award in 2004. Art was also selected by the Daily Journal as one of the “Top 25 Municipal Lawyers in California” for 2011, 2012 and 2013, and in 2012 he was named one of the “Top 100 Lawyers in California.” He represents public and private clients in complex state and federal litigation pertaining to all types of labor and employment issues, including California and U.S. Constitutional Law, the Fair Labor Standards Act (FLSA),Title VII, Title IX, the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA). 
 
In his 25-year career, Art has represented clients in a variety of litigation matters, including class actions, writs and jury trials. His litigation practice also includes administrative and binding arbitration hearings before personnel boards, arbitrators and administrative law judges. He has also advised various personnel boards, and currently serves as general counsel to the El Dorado County Civil Service Commission.
 
Art is also experienced in labor relations and negotiations. As a lead negotiator in collective bargaining, he has represented numerous employers in negotiations with deputy sheriffs, police and fire personnel, managers, service employees, attorneys, and other professional and service employees. Art’s practice also includes management training, counseling and investigations. His public agency and nonprofit clients have included: the City and County of San Francisco; Chabot Space and Science Center; the cities of Tracy, Stockton, San Jose, Fremont and Long Beach; the Santa Clara Valley Water District; and various California counties, including Alameda, Tuolumne and Mendocino.
 
Art is admitted to practice in the United States Supreme Court; United States Courts of Appeals, 2nd Circuit, 6th Circuit, 9th Circuit; United States District Courts, Northern District of California, Eastern District of California, Central District of California; and all California State Courts.

Honors and Awards

  • Daily Journal, "Top 75 Labor & Employment Attorneys," 2013
  • Daily Journal, "Top 100 Lawyers in California," 2012
  • Daily Journal, "Top 20 Municipal Lawyers in California,” 2011, 2012, 2013
  • Daily Journal, "Top Employment Lawyer," 2010
  • "Northern California Super Lawyer," 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014

Presentations and Publications

  • “Vested Rights Litigation Update,” CALPELRA Annual Conference, 2014
  • “Current Developments on Pension and Benefits,” MLI Conference, UC Berkeley School of Law, 2014
  • “Anatomy of an EEO Lawsuit ,” Western Regional IPMA-HR Conference, 2014
  • “A Panel Discussion With the PERB General Counsel,” CALPELRA Annual Training Conference, 2013
  • “Collective Bargaining: Unions and Local Governments – How to get to ‘Yes’,” IMLA Annual Conference, 2013
  • “Preparing for a Hearing and Working with your Advocate,” NPELRA Annual Training Conference, 2013
  • “Legal Update,” PELRAC Annual Conference, 2012
  • “Achieving Fiscal Sustainability and Avoiding Bankruptcy; Options for a Brighter Tomorrow,” CALPELRA Annual Conference, 2012
  • “Vested Rights: What We Can and Cannot Change,” CALPELRA Annual Conference, 2012
  • "Productive Labor Relations and Negotiations," California Society of Municipal Finance Officers (CSMFO), 2012
  • "Preventing and Resolving Employment Law Claims," CALPELRALearn, 2012
  • “Unraveling the Mysteries of the Fair Labor Standards Act and Audits,” CALPELRALearn, 2012
  • "Administering Discipline and Making it Stick - On Main Street," NPELRA Annual Training Conference, 2012
  • "PERB Update," County Counsels' Association of California, 2012
  • "Retired Employees' Association of Orange County v. County of Orange (REAOC)," County of Orange County Counsel Presentation, 2012
  • “Paradigm Shift: Transparency, Sustainability & Accountability in Public Sector Employee Compensation,” League of California Cities (LOCC) Annual Conference, 2011
  • “POBAR and FOBAR Update,” California Public Employers Labor Relations Association (CALPELRA), 2011
  • “Public Employment Relations Board (PERB) Developments/Helpful Hints,” County Counsel Association of California (CCAC), 2011
  • “Maintaining Control on Your Island - How to Effectively Administer Discipline,” National Public Employers Labor Relations Association (NPELRA), 2011
  • “Fixing the Pension Problem: The Latest Public Scrutiny of Public Sector Wage and Benefit Packages,” Public Law Journal, 2011
  • “Sorry We Have Nothing To Give…But ‘Let’s Make a Deal’ Anyway: How To Avoid Union ‘Outburst’” and “Are Managing Leave Laws Like Playing ‘Twister?’,” Public Employer Labor Relations Association of California (PELRAC) Annual Training Conference, 2010
  • “The Instant Impact of Robinson-Smith v. Gov’t Employees Ins. Co. on Employment Lawyers, Overtime Benefits, and FLSA Administrative Exemptions,” ExecSense Webinar, 2010
  • “Negotiating in Difficult Times--Is there a Light at the End of the Tunnel?” and “Protecting and Regaining Management Rights,” NPELRA, 2010
  • “Discipline” Panel, The State Bar of California, Labor & Employment Public Sector Conference, 2010
  • “Filing with DFEH: How, When and Why,” Center for Collaborative Solutions, 2010
  • “How to Win an FLSA Lawsuit by Police Officers: Trial Strategies and Lessons” and “Hot Topics in Labor and Employment Law,” California Public Employers Labor Relations Association (CALPELRA), 2009
  • “Understanding the Discipline Process,” Alameda County, 2009
  • “Retiree Health/Vested Rights,” The County Counsels’ Association, 2009
  • “Life in the Big Easy and Million-Dollar Payouts--Prevailing in Retaliation” and “Three Sure Fire Ways to Get Sued,” CALPELRA, 2008
  • “FLSA—Donning and Doffing Statewide Litigation Update,” League of California Cities (LOCC), 2008
  • “Legal Update—Fair Labor Standards Act & Labor Relations,” The County Counsels’ Association, 2008
  • “Personnel Update,” LOCC, 2007
  • “PERB Update,” California Special District Association, Annual Conference, 2001;(State Bar of California, Employment Law Section, 2003; The County Counsels’ Association, 2007
  • “At Will Employment,” Oakland Business Review, 2006
  • “Law at Work: Effectively Manage Difficult Employees--Don’t Hire Them,” East Bay Business Times, 2005
  • “Union Access to E-mail, Public Records, Meeting Rooms and Equipment,” NPELRA, 2005
  • “How to Fire At-Will—and Avoid Lawsuits,” East Bay Times, 2004
  • “Legal Update,” California Judicial Counsel Conference, 2004
  • “Case Law Update,” County Personnel Administrators Association of California (CPAAC), 2005
  • “Ask the Advocates” Panel, National Academy of Arbitrators, 2004
  • “Discipline Training,” CALPELRA Annual Conference, 2001; County of Alameda, 2004
  • “Key Labor and Employment Issues Affecting Counties in 2003,” The County Counsels’ Association, Civil Law & Litigation Annual Conference, 2003
  • “Labor Relations Under PERB Jurisdiction,” California Special Districts Association Annual Conference, 2002
  • “Key Labor & Employment Legal Issues,” Association of California Water Agencies, Special District Institute, 2001
  • Regular training seminars on employee discipline, discrimination and harassment, violence in the workplace, absenteeism and employment policy revisions, 1996 to present

Professional and Community Affiliations

  • Member, The State Bar of California

Education

  • University of San Francisco School of Law, JD, 1985
  • University of California at Berkeley, BA, Economics and Philosophy, 1982