Mr. Gutierrez is the Chair of Higgs Fletcher & Mack’s Labor and Employment Practice Group. His practice emphasizes business and employment counseling and complex commercial litigation on behalf of public and private entities, and non-profit organizations in business and employment disputes. Alexis received Martindale Hubbell’s highest peer rating (“AV Preeminent”) for Legal Ability and General-Ethical Standards, has been recognized as a Top Lawyer by San Diego Magazine for Labor and Employment and ADR since 2014, and named to the Best Lawyers in America®.
Mr. Gutierrez represents entities in state and federal courts, arbitration, and mediation, and before numerous administrative agencies, including the EEOC, DFEH, DIR/DLSE, the California Labor Commissioner, and the NLRB. In this regard, Mr. Gutierrez has litigated numerous business disputes to verdict, including those brought by entities, individuals, and class plaintiffs, involving:
- Employment issues (wrongful termination, discrimination, employment-related torts and wage claims);
- Business Disputes (including trade secrets; unfair competition; contract-related claims, intellectual property infringement and ownership, and environmental claims);
- Representative and class action suits concerning employment claims (including discrimination, wage and hour and PAGA Claims), and consumer statute-driven theories (California’s Unfair Competition, Consumer Legal Remedies Act, and False Advertising).
Mr. Gutierrez also provides strategic and compliance advice and counsel on all aspects of the employer-employee relationship, including hiring practices, personnel policies, compensation issues, layoffs and terminations, workplace and government agency investigations, protection of trade secrets, employee raiding, leaves of absence, and compliance with wage and hour laws. Mr. Gutierrez has significant experience managing NLRA-related issues (union drives, recognition, certification, and CBA negotiation and management) for employers.
Recent Representative Matters Include
- Defeated certification of 11-sub-class wage and hour class against Hilton Carlsbad Resort and Spa, Hilton Carlsbad Garden Inn in Moncada, Torres et al. v. Wave Crest Hotels And Resorts LLC, 00072691-CU-OE-CTL (2016);
- Obtained de-certification of 120,000 member class in Hale v. Sharp Healthcare, 232 Cal.App.4th 50 (cert. denied March 25, 2015);
- Defeated certification of 80,000 member class in Terrazas v. Memorial Health Services, G048602 (appealed abandoned April 1, 2015);
- Defeated 650 member 9-sub-class wage and hour class action against in Chevreuil, et al., vs. Dos Stars, Inc., 00087132-CU-OE-CTL;
- Defeated nationwide class allegation in “Made in USA” lawsuit in Hecht-Nielsen v. Lifetime Products, Inc., the Sports Authority, Inc., 00089380-CU-BT-CTL;
- Obtained defense verdict — after 6-month trial — on behalf of Groupe Zodiac Aerospace subsidiary, MAG Aerospace, Inc. (O.C.W.D. v. MAG Aerospace, Inc., et al. (G050774, appeal pending).
Schedule Your Consultation with Alexis Gutierrez
- United Way of San Diego County, Board of Directors (2014-present)
- American Red Cross, San Diego & Imperial Counties Chapter; Board of Directors (2004-2010); Chairman (2009-2010)
- PGC200 (Life Sciences); Board of Directors (2010-present ); Chairman 2010-2015 )
- San Diego Convention Center Corporation; Board of Directors (2006-2012); Chairman (2011)
- San Diego Theaters; Board of Directors (2011-2012)
- Accion San Diego; Board of Directors (2000-2006)