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Matthew C. Helland

Partner
  • Bio
  • Awards & Memberships
  • Presentations & Publications
  • Admission & Education
Bio

Matthew C. Helland is an experienced and tenacious litigator who has fought for workers’ and consumers’ rights throughout his career. Matt serves as the managing partner of Nichols Kaster’s San Francisco office, where he focuses his practice on class and collective wage and hour, discrimination, labor trafficking, and consumer cases filed in California and throughout the country. Handling both large class actions and individual matters throughout this career, Matt has developed a record of success in significant and complex litigation.

Matt litigates each of his cases with the same zealous advocacy and passionate protection of his client's rights, whether the case involves millions of dollars and thousands of clients, or thousands of dollars and one individual. In addition to representing workers across the country in wage and hour actions, Matt has also handled cases involving WARN Act violations, breach of contract, and severance negotiations. Matt is licensed in both California and Minnesota.

Matt is an active volunteer at Workers' Rights Clinics through Legal Aid at Work, where he supervises student attorneys in providing legal assistance to low-wage workers. While attending the University of Minnesota Law School, Matt was a staff member and Managing Tribute Editor of the University of Minnesota Journal of Global Trade. He also participated in the Child Advocacy Clinic, representing the interests of children as a student attorney in both Family and Juvenile Court.

   
  • Named one of “The Best Lawyers in America”, 2023
  • Named to the Super Lawyers list, Northern California Super Lawyers, and San Francisco Magazine, 2020-2023
  • Named to the Rising Stars list, Northern California Super Lawyers, and San Francisco Magazine, 2012-2019
  • Named to the Top 100 Trial Lawyers, the National Trial Lawyers list, 2022
  • Named to Lawdragon 500 Leading Plaintiff Employment & Civil Rights Lawyers list, 2018-2022
  • Senior Editorial Board Member, Fair Labor Standards Act Treatise
  • ABA Fair Labor Standards Legislation Committee, WARN Act Subcommittee Co-Chair, 2010-Present
  • ABA Labor and Employment Law Section Webinar Committee, Employee Vice Chair, 2018-2021
  • California Employment Lawyers Association Education Committee: Chair, 2020-2022; Vice Chair, 2018-2020; Member 2016-2018; 2023-Present
  • The Fair Labor Standards Act Midwinter Report, ABA Section of Labor and Employment Law, Chapter Editor, 2016-2020
  • Legal Aid at Work Volunteer Supervising Attorney
  • American Bar Association Member
  • California Employment Lawyers Association Member
  • National Employment Lawyers Association Member
  • ABA Labor and Employment Law Section, Revenue and Development Committee, 2021-present
Publications
  • Costs of Defense in Mass Individual Wage and Hour Arbitrations: A Case Study. Visit Publication
  • Panelist for "Arbitration: Can We? Should We? Must We?" Pacific Coast Labor & Employment Law Conference, Seattle, Washington, April 2023.
  • Panelist for "Settling PAGA Cases." Bridgeport Continuing Education, Los Angeles, California, April 2023.
  • Panelist for "Mediation, Damages, and Settlement." Bridgeport Continuing Education, San Francisco, California, October 2022.
  • Panelist for "Key Wage and Hour Class Action Updates." Practising Law Institute, Cutting-Edge Employment Law Issues 2022, San Francisco, California, September 2022.
  • Panelist for "The WARN Act in the Age of the Coronavirus." American Bar Association, Federal Labor Standards Legislation Virtual Midwinter Meeting, February 2021.
  • Panelist for "Making the Most of Arbitration." National Employment Lawyers Association Virtual Conference, July 2020.
  • Panelist for "An Epic Problem: Mass Arbitration and Other Strategies for Responding to Class Action Waivers." California Employment Lawyers Association Webinar, June 2020.
  • Moderator for "Arbitrating Individual FLSA Claims Under Compulsion." American Bar Association, Section of Labor and Employment Law, San Jose del Cabo, Mexico, 2020.
  • Panel Leader for "Yes, We Are Talking About Arbitration Again!" Practising Law Institute, Wage & Hour Litigation and Compliance, New York, NY, 2020.
  • Panelist for "Epic Systems Strategies: Striking Down Arbitration Agreements and Pursuing Multiple Claimant Arbitration." California Employment Lawyers Association Webinar, 2019.
  • Panelist for "Encino Motorcars: Has Everything Changed or is it all Still the Same?" American Bar Association Webinar, 2019.
  • Panelist for "Effectively Managing, Litigating, And Trying Individual Arbitrations." National Employment Lawyers Association Spring Seminar, 2019.
  • "Costs of Defense in Mass Individual Wage and Hour Arbitrations: A Case Study." PLI Current: The Journal of PLI Press, Vol. 3, No. 4 (Winter 2019). The article is available here.
  • Panelist for "What the Epic Decision Means for FLSA Litigation." American Bar Association, Section of Labor and Employment Law, Playa del Carmen, Mexico, 2019.
  • Panelist for "Tactical Responses by Employees and Employers in Arbitration Post-Epic." Practising Law Institute, Wage & Hour Litigation, and Compliance, New York, NY, 2019.
  • Panelist for "Exemptions: Federal and State Developments." 2018 Wage & Hour Litigation and Management, Bridgeport CLE, San Francisco, 2018.
  • Panelist for “You Don’t Have To Walk Away: Fighting Forced Arbitration Provisions Or Remaining In Arbitration & Winning.” National Employment Lawyers Association, Chicago, 2018.
  • Panelist for “FLSA Collective Action Conditional Certification and Decertification Strategies.” Strafford Webinar, 2018.
  • Panelist for "Recent Developments Under The WARN Act and EPPA." American Bar Association, Section of Labor and Employment Law, Nassau, Bahamas, 2018.
  • Panelist for “FLSA Collective Action Conditional Certification and Decertification Strategies.” Strafford Webinar, 2017.
  • Panelist for "Recent Developments Under The WARN Act and EPPA." American Bar Association, Section of Labor and Employment Law, Playa del Carmen, Mexico, 2017.
  • Panelist for “Do the Math: Calculating Exposure and Damages in Wage and Hour Cases.” Association of Defense Counsel of Northern California and Nevada, San Francisco, CA, 2017.
  • Moderator for “Demystifying Federal Court Practice.” CELA 29th Annual Employment Law Conference, Costa Mesa, CA, 2016.
  • Panelist for “Views from the Plaintiffs’ Bar.” American Conference Institute’s 27th National Forum on Wage & Hour Claims and Class Actions, New York, NY, 2016.
  • Panelist for “Rule 26: Friend or Foe?” CELA Webinar, 2016.
  • Panelist for “Reviving Hybrid FLSA Collective and Class Actions.” CELA 12th Annual Advanced Wage and Hour Seminar, Oakland, CA, 2016.
  • Panelist for “Calling Their Bluff: Using Arbitration to Gain the Upper Hand.” Impact Fund 14th Annual Class Action Conference, San Francisco, CA, 2016.
  • Panelist for “Arbitration of Wage & Hour Claims.” American Bar Association, Ninth Annual Section of Labor and Employment Law Conference, Philadelphia, PA, 2015.
  • Panelist for “It’s 1984 All Over Again: Workplace Monitoring in An Age of Endless Innovation.” American Bar Association, National Symposium on Technology in Labor and Employment Law, San Francisco, CA, 2015.
  • Panelist for "Recent Developments Under The WARN Act and EPPA." American Bar Association, Section of Labor and Employment Law, Puerto Vallarta, Mexico, 2015.
  • Panelist for “Update on Wage and Hour Arbitration 2015: Arbitrating Wage & Hour Cases Given the Changing Legal Landscape and Guidance for Employers Considering Mandatory Arbitration Agreements with Class and Collective Action Waivers.” American Conference Institute’s 23rd National Forum on Wage & Hour Claims and Class Actions, Miami, FL, 2015.
  • Panelist for ”Views from The Plaintiffs’ Bar: Adapting Your Strategies to New and Innovative Techniques and Tactics.” American Conference Institute’s 21st National Forum on Wage & Hour Claims and Class Actions, New York, New York, 2014.
  • Panelist for "Recent Developments Under The WARN Act and EPPA." American Bar Association, Section of Labor and Employment Law, Miami Beach, FL, 2014.
  • Panelist for "Recent Developments Under The WARN Act and EPPA." American Bar Association, Section of Labor and Employment Law, Los Cabos, Mexico, 2013.
  • Panelist for “Wage and Hour 101.” Annual Meeting, Labor and Employment Law Section of The State Bar of California, Newport Beach, California, 2012.
  • Panelist for "Litigating FLSA Collective Actions." Bridgeport Seventh Annual Wage & Hour Litigation Conference, San Francisco, California, 2011.
  • Panelist for "Recent Developments Under The WARN Act and EPPA." American Bar Association, Section of Labor and Employment Law, Puerto Vallarta, Mexico, 2011.
  • Panelist for "Economically Litigating Multiple Plaintiff Actions." California Employment Lawyers Association, Advanced Wage and Hour Seminar, Los Angeles, California, 2011.
  • Panelist for "Recent Developments Under The WARN Act and EPPA." American Bar Association, Section of Labor and Employment Law, Los Cabos, Mexico, 2009.
  • Panelist for "Recent Developments Under The WARN Act and EPPA." American Bar Association, Section of Labor and Employment Law, Jamaica, 2008.

Admissions

  • United States Supreme Court
  • California Supreme Court
  • Minnesota Supreme Court
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court – Central District of California
  • U.S. District Court – Eastern District of California
  • U.S. District Court – Northern District of California
  • U.S. District Court – Southern District of California
  • U.S. District Court – District of Colorado
  • U.S. District Court – District of Minnesota

Education

  • J.D., University of Minnesota Law School, 2005, magna cum laude
  • B.A., Rhodes College, 2002, magna cum laude

Select Results

  • Q:Arbitration Victories

    A:

    Cummings v. Chevron Corp, (JAMS, San Francisco) (Finding that Chevron misclassified Mr. Cummings, an oilfield worker, as an independent contractor and exempt from overtime, and awarding $284,270.15 in damages plus $227,263.80 in attorneys' fees and costs);  Roper v. Federal National Mortgage Association (N.D.Ga.) (Confirming an award of $15,377.20 to Mr. Roper, an underwriter who was misclassified as exempt from overtime, as well as an award of $128,022.72 in attorneys’ fees and costs); Rhodes v. CashCall, Inc. (JAMS, Orange County) (Finding that CashCall misclassified Mr. Rhodes, a loan processor, as exempt from overtime, and awarding $30,000 in damages and $88,179 in attorneys’ fees and costs); Garcia v. CashCall, Inc. (JAMS, Orange County) (Finding that CashCall misclassified Mr. Garcia, a mortgage underwriter, as exempt from overtime, and awarding $20,000 in damages and $98,709 in attorneys’ fees and costs); Good v. CashCall, Inc. (JAMS, Orange County) (Finding that CashCall misclassified Ms. Good, a lead mortgage underwriter, as exempt from overtime, and awarding $43,631 in unpaid overtime and $50,627.49 in attorneys’ fees and costs); Green v. CashCall, Inc. (JAMS, Orange County) (finding that CashCall misclassified Ms. Green, a loan processor, as exempt from overtime, and awarding $15,067.72 in damages and $54,165.50 in attorneys’ fees and costs).

  • Q:Orders Compelling Defendants to Individual Arbitration

    A:

    Aguilera v. Prospect Mortgage, LLC, 2013 WL 4779179 (C.D. Cal. 2013) (Ordering Defendant to individual arbitration in compliance with its own arbitration agreement, and finding that claimants did not waive their right to arbitrate by first participating in a collective action which was later decertified); Aldrich v. Prospect Mortgage, LLC, 2013 WL 5506676 (N.D. Cal. 2013) (same).

  • Q:Wage and Hour Class and Collective Certification

    A:

    Ganci v. MBF Inspection Services, Inc., 323 F.R.D. 249 (S.D. Ohio Oct 27, 2017) (certifying Rule 23 class of pipeline inspectors classified as exempt from overtime); Cervantez v. Celestica Corp., 253 F.R.D. 562 (C.D. Cal. 2008) (certifying Rule 23 class of manufacturing workers for unpaid time spent in employer’s security lines); Villarreal v. Caremark LLC, 2014 WL 7184014 (D. Ariz. 2014) (granting conditional certification under the FLSA); Goodwin v. Citywide Home Loans, Inc., 2014 WL 7174223 (C.D. Cal. 2014) (same); Williams v. U.S. Bank Nat. Ass'n, 2013 WL 3119055 (E.D. Cal. June 20, 2013) (same); Bollinger v. Residential Capital, LLC, 761 F. Supp. 2d 1114, 1115 (W.D. Wash. 2011) (granting conditional certification under the FLSA); Gee v. Suntrust Mortg., Inc., 2011 WL 722111 (N.D. Cal. Feb. 18, 2011) (same); Lindberg v. UHS of Lakeside, LLC, 761 F. Supp. 2d 752 (W.D. Tenn. 2011) (same); Gil v. Solectron Corp., 2009 WL 88346 (N.D. Cal. 2009) (same); Misra v. Decision One Mortg. Co., LLC, 673 F. Supp. 2d 987 (C.D. Cal. 2008) (same); Wong v. HSBC Mortgage Corp. (USA), 2008 WL 753889 (N.D. Cal. 2008).

  • Q:Employer Liability For Wages

    A:

    Ray v. Cty. of Los Angeles, 935 F.3d 703 (9th Cir. 2019) (holding that the County of Los Angeles does not enjoy sovereign immunity from suit for unpaid wages under federal law); Cervantez v. Celestica Corp., 618 F. Supp. 2d 1208 (C.D. Cal. 2009) (finding that a manufacturing company was an employer under California law of temporary employees employed in its facility).

  • Q:FLSA Exemption Defenses

    A:

    McKeen-Chaplin v. Provident Savings Bank, FSB, 862 F.3d 847 (9th Cir. 2017) (finding that mortgage underwriters do not fit within the administrative exemption and are therefore non-exempt employees entitled to overtime); Bollinger v. Residential Capital, LLC, 863 F. Supp. 2d 1041 (W.D. Wash. 2012) (granting plaintiffs’ motion for summary judgment on the administrative exemption and the good faith defense); Wong v. HSBC Mortgage Corporation, et al., 2010 WL 3833661 (N.D. Cal., 2010) (September 29, 2010) (granting plaintiffs’ motion for summary judgment on the administrative exemption, retail sales, and services exemption, and professional exemption).

  • Lawdragon - 2020
  • Super Lawyers - Helland
  • NELA
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