Andrew Livingston is a partner in the San Francisco office, where he serves as the Office Leader. Previously, Andrew was the Deputy Practice Group Leader of Orrick’s Global Employment Law Group.
Andrew represents clients in a wide variety of industries, but specifically focuses on financial services, retail, technology, and advertising.
He has an extensive class- and collective-action practice. He routinely defends employers in such cases in state and federal courts, particularly in cases alleging violations of the wage-and-hour laws. Andrew also defends employers in numerous other types of cases, such as those related to restrictive covenants and trade secrets, wrongful termination, discrimination, harassment and retaliation.
Andrew is a highly regarded trial lawyer. Chambers USA ranks Andrew as a leading employment law lawyer, with clients reporting that he is "very thoughtful, pragmatic and strategic in his thinking" and "distills very complex matters in a way that's easily understood." Legal 500 recognizes Andrew as a "excellent litigator" and notes that he is "exceptional in his ability to organize complex factual and legal arguments into a simple and persuasive presentation." The Daily Journal has listed him as a Top Labor & Employment Attorney a number of times, and he has been selected as a BTI Client Service Allstar.
Orrick’s Employment Law and Litigation group was named Labor & Employment Department of the Year in California for a fourth consecutive year by The Recorder, the premier source for legal news, in recognition of their significant wins on behalf of leading multinational companies on today’s most complex and challenging employment law matters.
The EEOC’s revised pay-data collection rule is back in force and the September 30, 2019 deadline is at our doorstep. Here is a quick overview of what employers should know and links to available resources. READ MORE
The Irish government is making pay equity a priority and is looking to join the trend of other countries across the world requiring employers’ regular reporting of wages. The lower house of the Irish legislature recently published a bill that, if passed this year, would require certain employers in Ireland to report gender pay data as soon as 2020. READ MORE
2019 is not even two months old and already there are significant developments in equal pay legislation. As we explained recently, there is proposed federal legislation that reignites the battle to pass the “Paycheck Fairness Act.” And now states are getting in on the action with a flurry of legislative activity around pay equity issues – particularly among legislatures that saw a change in party control as a result of the November elections. In fact, a number of states have introduced a variety of pay equity proposals, making clear that salary history bans and wage discussion protections are here to stay. Proposed new legislation also looks to refine the bona fide factors that employers may consider in setting pay, as well as remedies available under the pay laws. READ MORE
In recent years, the volume of equal pay lawsuits has continued to increase in Silicon Valley, despite technology companies reaffirming their commitment to equal pay policies and practices. Earlier this month, Hewlett Packard Enterprise Co. (“HP”) was hit with the latest equal pay lawsuit. The class action lawsuit, filed in Santa Clara Superior Court, alleges that HP discriminated against its female workers by paying them less than their male counterparts and funneling women into certain jobs based on stereotypes. READ MORE
Last week, California enacted new legislation updating the prohibition on employers inquiring into the salary history of their applicants and the requirement that employers respond to applicants’ requests for the pay scale for positions. This law, enacting Assembly Bill No. 2282, clarifies key provisions in Labor Code section 432.2 regarding employers’ obligations, which were left undefined in the bill that added Section 432.3 to the Labor Code last year. READ MORE
