Ryan C. Bykerk

Ryan C. Bykerk

Associate

Ryan C. Bykerk is a litigator in the firm’s labor and employment and litigation practice groups. Ryan has broad litigation experience in both federal and state court, and focuses his practice on helping clients develop strategies that meet their case-specific and larger business objectives. His practice primarily involves defending employers in wage and hour class actions and individual actions asserting violations of federal and state employment law, but extends to general, commercial, and financial litigation. 

Concentrations

  • Employment litigation (state and federal courts)
  • Class action defense
  • General litigation

Capabilities

Experience

 

  • Obtained dismissal of all claims without leave to amend at the pleading stage for global airline service company, including claims alleging wrongful termination, gender discrimination, workplace harassment, disability discrimination, retaliation, failure to prevent discrimination, harassment, and retaliation, and loss of consortium.
  • Obtained dismissal of all claims with prejudice for Fortune 500 global hotel chain; Plaintiff’s failure to timely pay wages, inaccurate wage statements, waiting time penalties, declaratory relief, and punitive damages claims, dismissed at the pleading state without leave to amend; obtained voluntary dismissal with prejudice from Plaintiff on her surviving overtime, meal break, rest break, and Unfair Competition Law claims in exchange for no consideration.
  • Obtained dismissal of all claims without leave to amend at the pleading stage for global airline service company, including claims alleging wrongful constructive termination, racial/national origin harassment, disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, failure to prevent harassment, discrimination and retaliation, and intentional infliction of emotional distress.
  • Obtained dismissal of all claims without leave to amend at the pleading stage for global travel retailer and restauranteur, including claims alleging retaliation, discrimination, wrongful termination, and sexual harassment.
  • Ongoing defense of North American retailer from claims of alleged retaliation for whistleblowing.
  • Ongoing defense of California and Nationwide class and collective actions on behalf of global retailer in multiple putative class actions:
    • Ongoing defense in putative California class and nationwide collective action seeking unpaid wages under California law and the FLSA premised on the core contention that employees were not properly compensated for pre-shift activities involving whether the employee should report for work and finding shift replacements.
    • Ongoing defense in putative California class action alleging claims for unpaid reporting time pay, failure to pay wages at termination, failure issue compliant wage statements, and violations of California’s Unfair Competition Law.
    • Ongoing defense in putative California class action alleging claims for unpaid reporting time pay, failure to pay wages at termination, failure to issue compliant wage statements, and violations of California’s Unfair Competition Law.
    • Took over as counsel post- class certification of 66,000 class members—all non-exempt, store associates in California—asserting unreimbursed business expenses for “uniforms,” forced patronage, and a series of derivative claims under the California Labor Code, California’s Unfair Competition Law, and PAGA.
    • Took over as counsel in nationwide (excluding California) FLSA putative collective action of non-exempt store associates alleging minimum wage violations stemming from unreimbursed business expenses for “uniforms,” as well as derivative state law claims under Massachusetts, New York, and Florida law.
  • Ongoing defense of putative class action alleging violations of RICO, fraud, negligence, California Unfair Competition Law, False Advertising Law, Legal Remedies Act, and Customer Records Act on behalf of national tax preparation services company.
  • Obtained dismissal of all claims at pleading stage without leave to amend for education services firm, in class action for Labor Code violations stemming from use of payroll card for payment of final wages, including claims alleging payment of wages with prohibited form of payment, failure to timely pay wages, waiting time penalties, unfair business practices, and PAGA, dismissed at the pleading stage without leave to amend.
  • Defeated class certification bid by putative class of current and former exempt employees of global quick service restaurant and franchisor alleging misclassification and seeking unpaid wages, and civil and statutory penalties for alleged wage and hour violations.
  • Obtained settlement for national tax preparation services company in national class action alleging violations of RICO, fraud, negligence, California Unfair Competition Law, False Advertising Law, Legal Remedies Act, and Customer Records Act.
  • Obtained seven-figure judgment on behalf of global safety consulting and certification company in Lanham Act case against trademark counterfeiters; obtain dismissal of counterfeiter’s strategic Chapter 13 bankruptcy.
  • Obtained favorable settlement on behalf of global safety consulting and certification company in Lanham Act case against trademark counterfeiter.
  • Obtained dismissal of all claims with prejudice with zero consideration paid on behalf of Fortune 50 financial institution, including claims alleging fraudulent and negligent misrepresentations.
  • Obtained favorable settlement on behalf of global rental car company for claims alleging negligent entrustment, as well as vicarious liability for motor vehicle negligence, negligence per se, and wrongful death.
  • Represented securities brokerage firm against claims alleging fraud, negligent misrepresentation, violations of California’s Unfair Competition Law, Breach of Contract, and Conversion in connection with alleged Ponzi scheme.
  • Represented securities brokerage firm against claims alleging breach of contract, fraud, and negligent misrepresentation in connection with alleged Ponzi scheme.
  • Obtained favorable settlement in case brought against construction contractor for alleged exposure to benzene.
  • Obtained favorable settlement in case brought against oil refinery for alleged exposure to benzene.
  • Obtained asylum for Cameroonian refugee and ongoing representation to secure derivative asylum for immediate family.
  • Ongoing representation of non-profit college.
  • Judicial Extern, Hon. Richard Neiter, U.S. Bankruptcy Court, Fall 2009

Recognition & Leadership

  • Member, American Bar Association
  • Member, Association of Business Trial Lawyers

Credentials

Education
  • J.D., summa cum laude, Pepperdine University School of Law, 2010
    • Business and Production Editor, Pepperdine Law Review
  • B.A., Calvin College, 2005
Admissions
  • California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. Court of Appeals for the Ninth Circuit