Aaron B. Silva

Aaron B. Silva is an attorney with the Labor and Employment Law Team at Murphy Austin Adams Schoenfeld LLP. Aaron has an extensive background defending employers before state and federal courts, the National Labor Relations Board, the California Division of Labor Standards Enforcement, the California Workers’ Compensation Appeals Board, the California Unemployment Insurance Appeals Board and Cal/OSH Appeals Board. He has prepared numerous cases for trial and arbitration, in addition to having served as assistant trial counsel in a multi-week trial before the Eastern District Court of California.

In his litigation practice, Aaron defends depositions and serves as lead author for many of the Department’s principal matters, including dispositive motions and appeal briefs. In addition, he is one of just a few California attorneys with expertise in occupational safety and health law, having formally served in the Cal/OSH Appeals Board legal department. His prior experience with the California Public Employment Relations Board is also a valuable asset when assisting businesses faced with union organizing campaigns, unfair labor practice charges, and federal injunctions sought by the General Counsel of the NLRB.

In his counseling practice, Aaron advises companies in all areas of employment law including employment classification, employee termination, leave decisions, union matters and drafting effective and enforceable employment policies. He frequently speaks on labor and employment issues for businesses, employers, and human resources groups. He also performs management training in the areas of avoiding discrimination and other public policy violations as well as required sexual harassment training for supervisors and managers.

Aaron was awarded his J.D. from the University of California, Davis School of Law. Prior to joining Murphy Austin Adams Schoenfeld LLP, he worked for both the Cal/OSH Appeals Board and the California Public Employment Relations Board.

Aaron is a member of the Rotary Club of West Sacramento, the Sacramento Area Human Resource Association, and Network Sacramento.

Areas of Practice

Labor and Employment Law

Representative Experience

• Successfully litigated ADA case after adversary refused to comply with settlement agreement;
• Successfully resolved through summary judgment a FMLA/CFRA matter related to excessive leave;
• Served as assistant trial counsel in federal trial involving complicated FEHA/Title VII issues;
• Represented a client before the NLRB and federal court after national union targeted independent bargaining unit for merger without notice to employees;
• Successfully challenged OSHA citations before the Cal/OSHA Appeals Board;
• Obtained injunction on behalf of an employer who sought to protect the workplace from a former employee who broke into the workplace and tried to ignite a propane storage tank;
• Represented clients accused of violating wage and hour laws, including the state’s prevailing wage law and Davis-Bacon Act;
• Represented employers in claims against former employees and other businesses for unfair competition, trade secret misappropriation, and related business torts;
• Regularly draft, review, and revise employee handbooks and policy manuals, employment agreements, negotiated severance packages for corporate executives, independent contractor agreements, alcohol and drug testing policies, workplace search policies, and pre-employment inquiry policies and procedures;
• Regularly represent clients accused of violating federal and state laws prohibiting discrimination and harassment based on race, sex, religion, age, disability or engaging in protected activity like testifying or complaining about perceived illegal conduct; and
• Defend employers in class action lawsuits in addition to formulating litigation strategies designed to prevent class certification.

Speaking Engagements and Teaching Positions

• Speaker, “HR Fundamentals,” SAHRA, University of Phoenix, Gateway Oaks Campus, Sacramento, (March 1, 2011)
• Panelist, “Employment Law Update,” Sacramento, CA (December 8, 2010)
• Speaker, “Wage and Hour Issues in the New Workplace,” Association of Corporate Counsel, Sacramento, CA (June 17, 2010)

Publications

• “Sample Policy: Expectations of a Right to Privacy,” (July 2010)

Memberships and Professional Affiliations

• State Bar of California, Employment Law Section
  American Bar Association

• Sacramento County Bar Association, Labor and Employment Section

• Sacramento Area Human Resource Association

• Rotary Club of West Sacramento

• Network Sacramento
  

Education

• University of California, Davis School of Law
  J.D., 2006
  

• University of California, Davis
  B.A., with honors, 2003
  History and Political Science

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