Chris Foster advises leading companies and families in labor and employment matters.
Chris has extensive experience navigating union organizing and decertification campaigns, unfair labor practice investigations, trials and appeals. He provides strategic planning on the addition and divesting of unionized operations.
Chris defends employers in arbitrations involving contract disputes and terminations, and against state and federal wage and hour, discrimination, harassment and wrongful termination claims.
Chris also focuses on advising individuals, families, closely-held businesses, private foundations and non-profits on employment issues, training, compliance and risk mitigation in hiring and separation of employees, non-disclosure and privacy agreements, development of employee handbooks and policies/procedures, and related claims and litigation.
Chris is an editor for the Developing Labor Law treatise and formerly served as a senior articles editor for the Berkeley Journal of Employment and Labor Law. During undergraduate, he studied economics and philosophy at the University of Oxford under a full, one-year scholarship from Santa Clara University
Chris is pro bono labor counsel for the San Francisco Zoo and serves as the San Francisco office hiring partner.
Lead counsel in three-day trial where an NLRB administrative law judge rejected a union’s objections and unfair labor practice charges challenging its loss in a decertification election Dycora Transitional Health – Fresno, LLC, 2019 WL 995648, NLRB case no. 32-RD-213130
Drafted briefing to the Ninth Circuit which affirmed a trial court’s dismissal of overtime class action claims against oil platform operator, based on federal labor law preemption
Carl Curtis v. Irwin Industries, Inc., et al., 913 F.3d 1146 (9th Cir. 2019)
Lead counsel for underground construction company contesting California Labor Commissioner civil wage and penalty assessment for alleged apprenticeship and prevailing wage violations; successfully resolved matter for less than 2% of alleged wages and penalties
Advised and represented client during union decertification process; on the eve of trial, the union disclaimed all interest in continuing to represent the employees
Dycora Transitional Health – Clovis, LLC, NLRB case no. 32-RD-213115
Lead trial counsel for the San Francisco Zoo in two-day unfair labor practice trial before NLRB ALJ, achieving favorable resolution
Lead counsel for major paper product manufacturer in labor arbitration where union alleged failure to pay premium hours back to 2002; complete victory in unpublished arbitration decision
Courts / Agencies
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the District of Columbia Circuit
US District Court for the Northern District of California
US District Court for the Eastern District of California
US District Court for the Western District of Washington
US District Court for the Eastern District of Washington
US District Court for the District of Idaho
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