Biography

Brenda Kasper has exclusively practiced management-side labor and employment law for over ten years. She specializes in representing employers in all aspects of employment law, including litigation and providing counseling and transactional service to management and human resources professionals. Ms. Kasper has extensive experience with both traditional labor law as well as all aspects of general employment law.

On the employment law side, Ms. Kasper has advised multi-state employers on a wide range of legal topics, including occupational health and safety, ERISA compliance, background checks, wage and hour compliance, executive employment agreements, independent contractor issues, managing leaves of absence, ensuring compliance with disability discrimination laws, managing complex reductions in force and WARN Act compliance, in-house investigations and advising on a myriad of issues under various state employment laws.

On the labor side, she has tried a number of union arbitrations and NLRB unfair practice proceedings with excellent results. She has engaged in labor negotiations, represented employers during union elections and has counseled multi-state employers on general union avoidance issues. She has also worked with public employers on a number of union matters, including contract negotiation and mediation.

Ms. Kasper also provides management training on a wide variety of topics, including preventing workplace harassment, general management principles and best practices, managing employee leaves and disability issues, avoiding wage and hour claims, and the differences between California and federal employment laws for multi-state employers. She is a frequent speaker for the San Diego Employers Association, and she has traveled throughout the country speaking for various professional associations, including SHRM and the Wisconsin Dental Association.

During her career, she has also litigated several matters in state and federal court, as well as in administrative hearings. She has presented cases before the federal Occupational Safety and Health Commission and the Wisconsin Department of Workforce Development. She has extensive experience working with the EEOC to successfully mediate discrimination claims. She has also worked on a number of matters that became published decisions, including one before the Wisconsin Supreme Court.

Ms. Kasper has authored a variety of legal and professional articles, featured in Bender’s California Labor & Employment Bulletin, and has updated Wisconsin state bar publications, including chapters on OSHA and general employment law.

Publications

• E-Update: New FMLA Amendments Expand Military Leaves, October 2009

• E-Update: E-Verify Rule Effective for Federal Contractors and Subcontractors on September 8, 2009, September 2009

• E-Update: California Employers May Temporarily Reduce Hours and Salary of Exempt Staff Without Jeopardizing Overtime Exemption, September 2009

• E-Update: Court of Appeal Reverses $86 Million Verdict Against Starbucks, June 2009

• “United States Supreme Court Permits Mandatory Arbitration of Federal Age Claims in the Union Context” – Bender’s California Labor & Employment Bulletin, April 2009
• E-Update: Revised Form I-9 Mandatory for All Employers as of April 3, 2009, April 2009
• E-Update: United States Supreme Court Permits Mandatory Arbitration Of Federal Age Claims In The Union Context, April 2009
• “Stimulus Package Creates New Employer Obligations Under COBRA” – Bender’s California Labor & Employment Bulletin, March 2009
• E-Update: California Modifies Its Alternative Workweek Schedule Rules, February 2009
• E-Update: Stimulus Package Creates New Employer Obligations Under COBRA, February 2009

• E-Update: Starbucks Narrowly Escapes $26 Million in Penalties for Impermissible Question on Job Application, December 2008

• E-Update: DOL Publishes Long Awaited FMLA Regulations, November 2008

• E-Update: Ninth Circuit Court of Appeals Upholds Employer Funding Provisions
  of San Francisco's Health Care Security Ordinance, September 2008

• E-Update: United States Supreme Court Refuses To Stop Enforcement Of San Francisco's Health Care Security Ordinance; Compliance Deadlines Approach, February 2008

• E-Update: New Federal Law Expands FMLA - Relatives Of Injured Servicemen And Women Provided Up To 26 Weeks Of Protected Leave, January, 2008

• E-Update: Court Lifts Hold On San Francisco's Health Care Security Ordinance -
  New Law To Take Effect Immediately, January 2008

Speaking Engagements

• “Working Together to Prevent Workplace Harassment” (PPS&C seminars and customized client presentations) – ongoing

• “A New Era of FMLA in 2009: Are You in Compliance?” (for California Public Employer Labor Relations Association) – November 2009

• “Managing Medical Crisis in the Workplace” (for PPS&C Annual Employment Law Update) – October 2009

• “A Primer on the Disability Discrimination Laws” (for large Southern California public sector employer) – August 2009

• “LOA Booster Shot: Managing Leaves and Accommodating Requests” (for large San Diego-area health care employer) – July 2009

• “The Ultimate FMLA Booster Shot: Understanding and Managing the ‘New’ FMLA” (for large Southern California public sector employer) – June 2009

• “A Little Shop of Horrors: Understanding the New FMLA Regulations” (Co-presented with Michael C. Sullivan for Vantaggio HR, ltd.) – June 2009

• “Navigating the Leave of Absence Minefield” (for Cavignac & Associates Risk Control Seminar 2009 Series) – May 2009

• “The 7 Habits of Frequently Sued Managers: How to Avoid Employee Lawsuits by Managing within the Law” (for prominent biological research/educational institution) – April 2009
  “Latest and Greatest in Employment Law: 2008 -2009” (for San Diego County Bar Association) – January 2009

• “The Rest of the Story: Key California Legal Developments” (for San Diego Employer’s Association) – January 2009

• “A New Era of FMLA is Here. Are You Ready?” (PPS&C seminar) – December 2008 and January 2009

• “Effectively Managing Cost Cutting Measures” (for PPS&C Annual Employment Law Update) – October 2008

Professional Activities

• Member, State Bar of California Labor and Employment Section
• Member, San Diego County Bar Association Labor and Employment Section
• Member, Society for Human Resource Management
• Senior Human Resource Professional Certification, including California designation (SPHR-CA)