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Frank Magnanimo Bio Photo

Frank Magnanimo

Partner


Woodland Hills

t:818.230.4270

f:818.230.4251

Email

Service Focus

  • Litigation and Trials
  • Employment Discrimination and Harassment
  • California Litigation and Appellate
  • Class and Collective Actions
  • California Class Actions and PAGA

Industry Focus

  • Healthcare
  • Hospitality
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Overview
Recent Experience
Credentials
Recognitions
Affiliations
Insights

Overview

Frank Magnanimo is a seasoned lead trial attorney who represents employers in various cases involving discrimination, harassment, retaliation, wrongful termination, hostile work environment, wage and hour violations, whistleblowing, and violations of the Family Medical Leave Act (FMLA), California Family Rights Act and/or Pregnancy Disability Leave Act. With deep experience defending businesses in cases brought under California’s Private Attorneys General Act (PAGA), Frank routinely represents employers in both state and federal courts in a variety of industries, including restaurant, retail, and healthcare. He also assists in hearings before governmental agencies such as the Division of Labor Standards Enforcement (DLSE), the Department of Fair Employment and Housing (DFEH), and the Equal Employment Opportunity Commission (EEOC).

Prior to joining Fisher Phillips, Frank was a partner at an AV rated full-service law firm where he focused on employment law and litigation and wage and hour class actions. Frank also advised on administrative matters such as employee handbook preparation and updates, enforcement of policies and procedures, anti-harassment training, workplace investigations, workforce reduction/layoffs, proprietary information protection, and unfair competition concerns.

Frank has consistently been recognized as a Southern California Super Lawyer in the Labor and Employment field since 2011.

Recent Experience

Experience

  • Represented a major trucking company in a putative class action alleging wage and hour violations in Los Angeles Superior Court. Depositions revealed serious issues relating to plaintiff’s adequacy as a class representative and his counsel’s adequacy as class counsel. Upon evaluating the evidence, the court denied class certification with prejudice, preventing any future attempt to refile class claims, and struck the broader class allegations, effectively converting the matter into a far more limited individual action. McGhee v. E.B. Bradley Co.
  • In a recent arbitration decision, a Los Angeles-area skilled nursing facility successfully defended against several claims brought by a former employee under the Private Attorneys General Act (PAGA). The arbitrator found in favor of our client on claims related to meal and rest break violations, determining that the company had provided adequate opportunities for employees to take compliant breaks and had not impeded or discouraged them from doing so. Additionally, the arbitrator ruled in favor of the facility on claims regarding unpaid wages, concluding that the company's rounding policy was neutral and did not result in systematic underpayment. Notably, damaging admissions obtained from the claimant during his deposition revealed that he understood the company policy did not discourage taking breaks and that he never informed management of any inability to take breaks. This outcome underscores the importance of maintaining clear policies and documentation to support compliance with labor laws. Dussan v. Century Villa, Inc.

Credentials

Education

  • J.D., 1994, University of Arizona College of Law
  • B.S., 1991, University of Southern California

Bar Admissions

  • California

Court Admissions

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California

Recognitions

  • Recognized in Southern California Super Lawyers (2011-Present)

Affiliations

Professional Activities

  • Los Angeles County Bar, Labor & Employment Section – Executive Committee
  • Italian American Lawyers Association

Insights

  • News

    08/12/24

    Law360 Covers The Arrival of Frank Magnanimo in Woodland Hills

    Frank Magnanimo

    Read more 

  • News

    08/06/24

    Fisher Phillips Bolsters Employment Litigation Team in Southern California with New Partner

    Frank Magnanimo, Todd B. Scherwin

    Read more 

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