Malcolm Heinicke Named Employment Trailblazer

Munger, Tolles & Olson Co-Managing Partner Malcolm Heinicke was named an Employment Trailblazer by The National Law Journal on March 5, 2020.

Mr. Heinicke was recognized for his work in winning two first-of-their-kind summary judgment rulings for California-based armored vehicle company Garda CL West Inc., which have positive repercussions for the entire industry in California. 

Drivers and messengers for Garda alleged the company failed to provide required off-duty meal and off-duty rest periods as allegedly required by California law. Embracing the fact that requiring such employees to be off duty while out in the field with valuables would place them and the public at risk, Mr. Heinicke successfully argued that these employees can take paid on-duty meal periods as matter of California law. Through a separate motion, he established that because of the nature of the goods they transport, these employees are engaged in interstate commerce, and from this, he obtained a ruling that the plaintiff’s rest period claims were preempted by the Federal Motor Carrier Safety Act.

The National Law Journal also highlighted Mr. Heinicke’s passion for employment law and his awareness of trends within the employment law space.

Mr. Heinicke handles litigation and counseling matters for a wide variety of leading national and California clients including 99¢ Only Stores, Bechtel, Fidelity Investments, Flexport, Plains All American, See’s Candies, Square, TIBCO Software, Wells Fargo, Yelp and York Risk Services.