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Kenneth Sulzer is a Partner in the Labor & Employment Law Department and co-head of the California Labor & Employment Law and Class/Collective Action Groups, resident in the Los Angeles office.

Ken focuses his practice on class actions involving wage and hour, FLSA, California Labor Code and EEO matters. He is widely recognized as one of the top lawyers in his field, frequently quoted by national media and called upon to serve as an expert witness or consultant in major wage & hour class action matters.

Ken is also experienced in labor-management relations, including NLRB matters, U.S. Department of Labor investigations, collective bargaining and various arbitration matters, as well as issues involving employee privacy, employment tax, drug testing, sexual harassment law, and OSHA.

Prior to joining Proskauer, Ken was a Partner and Chair of the California Labor and Employment Practice at Seyfarth Shaw.

He is a member of the Board of Trustees for Occidental College, President Elect for the Federal Bar Association (Los Angeles Chapter), and a past member of the Electoral College of the United States.

Key Representations:

  • Ernst & Young, obtaining denial of national class action allegations at the pleading stage 
  • The WellPoint Companies, obtaining dismissal by the plaintiff of overtime class allegations 

  • Deloitte & Touche, obtaining denial of class certification, which was upheld on appeal 

  • Windsor Health Care, defeating class certification and PAGA representative action in its entirety 

  • Los Angeles Times, as lead appellate counsel, obtaining affirmation of a trial court’s decision that a commission sales plan is legal under California law

  • Delta-T Group, defeating conditional class certification in an FLSA independent contractor action 

  • Swissport USA, defeating class certification on meal periods, rest periods and seating claims 

  • Cross Country Travcorps, obtaining dismissal by the plaintiff of an overtime class allegation 

  • Sol Healthcare, defeating class certification on expense reimbursement claims 

  • UnumProvident, reaching a stipulated dismissal of all class claims

  • UnumProvident Corporation, obtaining the dismissal of class and representative allegations and settlement of an action alleging predatory pricing based on a failure to pay overtime to improperly-classified customer care representatives