- B.S., Public and Environmental Affairs, Indiana University;
- B.S., British & American Social Policy, University of Kent;
- J.D., Maurer School of Law, Indiana University.
I am a graduate of the Stokes Wagner’s first summer associate class, where I ranked high by the partners in categories including “Most Likely to Pass the Bar on the First Try” and “Most Likely to Bring Midwestern Work Ethic to SoCal.” That was twenty-seven years ago. Shortly after moving from Indiana (yes, I can tell you what a “Hoosier” is), I fell in love with the California shoreline, fish tacos and the indisputable truth that Californians share a strong work ethic with Midwesterners—they just dress more casually.
After several years juggling both trial and appellate litigation, I was certified by the State Bar of California Board of Legal Specialization as a Certified Specialist in Appellate Law. For the past twenty years, I’ve worked with trial lawyers to develop the most creative and effective means of sharing our client’s written story with the jury or court of appeal. I believe that the most persuasive writing is honest writing, and that there is no substitute for hard work and focused preparation. I am a firm believer that smart, reliable and friendly are a winning combination. My advocacy is direct, accurate and efficient – just because the court gives us 14,000 words doesn’t mean we have to use them all. I know the value of a dollar (including yours), am honest and forthright, and boldly defend our client’s cause as my own. In my legal practice as well as my life in general, I strive to always let my actions speak louder than my words.
In my free time, I hold leadership positions in several local athletic associations. My kids alone make up half a water polo team! I enjoy hiking, kayaking, SUPing and all kinds of water sports with my husband and three girls. Whether we’re in the ocean, the mountains or the lake, my happiest place is being where they are when the sun sets.
Trial Courts May Not Dismiss PAGA Claims on Manageability Grounds
February 5, 2024
Category: Legal Updates
The California Supreme Court recently issued a long-awaited opinion resolving a split in the Court of Appeal over whether trial courts may dismiss unmanageable PAGA actions. In Estrada v. Royalty Carpet Mills, Inc., filed January 18, 2024, the California Supreme Court considered whether trial courts possess inherent authority to strike/dismiss Labor Code section 2698 Private Attorneys General Act (“PAGA”) claims on manageability grounds. California appellate courts have reached conflicting results on the issue (see Estrada v. Royalty Carpet Mills, Inc. (2022) 76 Cal.App.5th 685, 697 (finding no inherent authority) Wesson v. Staples the Office Superstore, LLC (2021) 68 Cal.App.5th 746, 766–767 (recognizing such authority) ; Woodworth v. Loma Linda University Medical Center (2023) 93 Cal.App.5th 1038, 1047, review granted Nov. 1, 2023, S281717 (Woodworth) (agreeing with Estrada that trial courts lack authority to dismiss PAGA claim for lack of manageability) ). In Hamilton v. Wal- Mart Stores, Inc. (9th Cir. 2022) 39 F.4th 575, 587, the Ninth Circuit resolved a similar split among federal district courts applying California law by rejecting the imposition of a manageability requirement.
California Supreme Court Averts SCOTUS Viking River Decision, Allowing Litigation of PAGA Claims Despite Arbitration Agreement
July 21, 2023
Category: Legal Updates
Last year, the U.S. Supreme Court issued an employer-friendly decision in Viking River Cruises v. Moriana. There, it held that the Federal Arbitration Act (FAA) preempts the California Private Attorneys General Act (PAGA) such that employees who signed arbitration agreements could not avoid arbitration of their individual PAGA claims and, once their own dispute was “pared away from a PAGA action,” they lacked statutory standing to maintain their non-individual claims in court. While many employers hoped Viking River would end PAGA claims altogether, the Supreme Court left the door open for a contrary ruling from California courts, as Justice Sotomayor’s concurring opinion in Viking River foretold: “Of course, if this Court’s understanding of state law is wrong, California courts, in an appropriate case, will have the last word.” (Viking River, 142 S.Ct. at 1925 (conc. opn. of Sotomayor, J.))
States, Including California, Seek To Prevent Pay Discrimination by Passing Pay Transparency Laws
January 20, 2023
Category: Legal Updates
Over the past several years a growing number of cities, counties and states have enacted some form of pay transparency laws covering a wide range of issues. Most of these laws aim to prevent pay discrimination and provide employees with the ability to freely discuss their salaries. More states are passing or amending existing laws to require *salary disclosure *as part of their pay transparency laws. A brief summary of these laws is included below.
On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily worktime to the nearest quarter hour, rather than using the actual worktime recorded by Home Depot’s timekeeping system “Kronos.” The Court found the rounding resulted in the failure to pay employees for all time worked. Plaintiffs Camp and Correa filed a putative class action for unpaid wages and unfair competition, and Home Depot moved for summary judgment on the basis that the rounding policy was neutral on its face, neutral as applied, and lawful under See’s Candy Shops, Inc. v. Superior Court *(2012) 210 Cal.App.4th 889 (See’s). For the past ten years, *See’s has been cited in support of the rule that rounding is permissible if it “is neutral on its face and is used in such a manner that it will not result, over a period of time, in failure to compensate employees properly for all the time they have actually worked.” Granting summary judgment, the trial court reasoned that it could not disregard the binding appellate authority of See’s.
Protecting Cannabis Users - Don’t let Outdated Drug Screening Policies be the Smoking Gun in a Discrimination Case Against Your Company
September 28, 2022
Category: Legal Updates
California’s Fair Employment and Housing Act prohibits employment discrimination based on certain protected classes and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. On September 18, 2022, Governor Gavin Newson signed AB 2188, which, upon its effective date of January 1, 2024, essentially adds a new category of protected persons – cannabis users.
Supreme Court Rules California Employee Is Bound By Arbitration Agreement She Signed and Thus, Lacks Standing to Bring Non-individual PAGA Claims Against Her Employer
June 17, 2022
Category: Legal Updates
On May 15, 2022, the U.S. Supreme Court issued the much-anticipated and employer-favorable ruling in Viking River Cruises v. Moriana, holding, in an 8-1 decision, that the Federal Arbitration Act (FAA) preempts the California Private Attorneys General Act (PAGA). The Court’s decision means employees who signed arbitration agreements may not avoid arbitration of their individual PAGA claims. Further, once an employee’s PAGA claim is in arbitration, they have no standing to bring PAGA claims on behalf of other employees in court.
California Supreme Court Holds Premium Pay for Missed Breaks Constitutes “Wages” That Must Be Reported on Wage Statements and Paid Within Statutory Deadlines Upon Termination.
May 25, 2022
Category: Legal Updates
On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., the California Supreme Court clarified that a violation of Labor Code section 226.7 (payment of premium wages for meal and rest period violations) gives rise to claims under Labor Code sections 203 (waiting time penalties) and 226 (inaccurate wage statements).
In a 6-3 decision, the US Supreme Court voted to stay the vaccine-or-test regulation, ruling that the Biden administration’s vaccine-or-test requirements for large private companies exceeded their authority. Separately, the Court ruled that a more limited vaccine mandate could stand for workers employed by government-funded healthcare facilities.
As California and the U.S. enjoy a surge in the travel industry again, the newly codified Labor Code section 2810.8 sets forth the obligations of California employers with regard to the recall of laid-off employees in many hospitality positions. The new law took effect on April 16, 2021 and expires on December 31, 2024.
California Labor Code Section 226: Clarifications on Compliance with Wage Statement Overtime Listings
June 22, 2021
Category: Legal Updates
Anyone who has considered filing a petition for writ of mandate from a superior court ruling knows the odds are not in favor of the court granting this extraordinary relief. Apart from clear error, the requirement of showing irreparable harm is a hurdle that derails even the strongest advocates, but some cases present such important questions of law, they warrant a writ. General Atomics v. Superior Court, filed May 28, 2021, was one such case.
The American Rescue Plan Act (“ARPA”), signed into law on March 11, 2021, obligates employers to pay COBRA insurance premiums for individuals who suffer job loss. Under the plan, employers receive the subsidy, which they pass along to COBRA enrolled former employees, through a payroll tax credit on quarterly Medicare taxes. The subsidy period is April 1 to September 30, 2021, and both fully insured and self-insured group plans are eligible for the credit.
Should Employers Incentivize Employees to Get the COVID-19 Vaccine?
February 17, 2021
Category: Legal Updates
As the coronavirus vaccine becomes more widely available over the next few months, many employers grapple with the question of whether to mandate the vaccine. Following EEOC guidelines, some employers plan to require it as a condition to returning to the workplace (i.e., nursing homes). In contrast, others prefer to “encourage” vaccinations, leaving the ultimate decision to employees. In an effort to minimize health risks and provide peace of mind to employees returning to the workplace, some employers are asking whether they can offer incentives to encourage employees who get the vaccine.
Revised USDOL Guidance for Recording COVID-19 Cases in the Workplace
May 21, 2020
Category: Legal Updates
The recent guidance concerning OSHA’s record-keeping requirements will go into effect on May 26, 2020. Under the requirements, COVID-19 is a recordable illness, which means employers are duty-bound to record cases of COVID-19, if they meet certain criteria.
Life has changed in ways most of us could never have imagined. Our homes have become our safe havens more than ever before, and our workplaces have spilled over into our home offices, kitchen tables, and family rooms. As we settle into our new normal, we find ourselves connecting to family, friends, and colleagues through Zoom meetings, livestream services, and quarantini virtual happy hours. Without a vaccine, the spread of COVID-19 is a concern that will not quickly disappear. Maintaining a healthy and productive workplace for employees will continue to be a top priority long after the days of walking from the bedroom to the home office have passed.
On January 7, 2020, the U.S. Department of Labor published three new opinion letters that every employer should review. The first involves an employer’s nondiscretionary bonus payment of $3,000 given to employees who completed ten weeks of training with a promise to complete eight more weeks. In the second letter, the DOL determined that a per-project payment method satisfies the salary basis regulations for exemption under the FLSA. The third letter addressed compliance under the Family Medical Leave Act (“FMLA”).
Typically used in offices, hotels, hospitals, etc., to provide multiple phones lines within one building, multi-line telephone systems (“MLTS”) are the subject of two new federal laws: (1) Kari’s Law and (2) the Ray Baum Act.
Employers throughout the U.S. are wrapping up October by participating in National Disability Employment Awareness Month (NDEAM), a tradition that can be traced back to 1945. The purpose of NDEAM is to raise awareness about disability employment issues and celebrate the significant contributions of America’s workers with disabilities. The theme of this year’s outreach effort emphasizes the importance of the subject today: “The Right Talent, Right Now.” “Every day, individuals with disabilities add significant value and talent to our workforce and economy,” said U.S. Secretary of Labor Alexander Acosta. “Individuals with disabilities offer employers diverse perspectives on how to tackle challenges and achieve success. Individuals with disabilities have the right talent, right now.”
Naranjo v. Spectrum Security Services Denies Derivative Waiting Time Penalties and Wage Statement Penalties in Meal and Rest Break Actions
October 1, 2019
Category: Legal Updates
It’s no secret that California is typically viewed as the most employee-friendly state in the country. New employee-favored laws are passed so quickly that employee handbooks can be rendered outdated before they go to print. Employers who have found themselves on the wrong end of a wage and hour case can attest to the fact that one alleged error, when applied to each employee, can be devastating. On top of that, one Labor Code violation often leads to another violation, and so on and so on.
At issue in Naranjo v. Spectrum Security Services, Inc., a decision issued on September 26, 2019, was the question of whether employees who are entitled to a meal or rest break premium (after denial of a meal or rest period in violation of Labor Code § 226.7) may also recover derivative penalties under Labor Code § 203 (waiting time penalties) and § 226 (inaccurate wage statements).
The EEOC collects workforce data from employers with more than 100 employees (a lower threshold applies to federal contractors). The data collected is used for several purposes, including enforcement, employers’ self-assessment, and for research. Historically, such employers have been required to file annual Employer Information Reports (“EEO-1 Component 1 Reports”) disclosing the number of employees by job category, race and gender.
If there is one thing worse than sexual harassment in the workplace, it’s retaliation against a victim of harassment as a result of reporting harassment. Existing law in California prohibits an employer from terminating, discriminating or retaliating against an employee because of the employee’s status as a victim of sexual harassment, domestic violence, sexual assault or stalking (Labor Code, Section 230). Assembly Bill-171 (presented by Gonzalez, D-San Diego) seeks to broaden the protections for such victims by providing a “rebuttable presumption” of unlawful retaliation if an employer within 90 days following either the date when the victim provides notice to the employer or when the employer has actual knowledge of the status, discharges, threatens to discharge, demotes, suspends, or takes any other adverse action against the victim-employee. “Harassment” in this context means sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions.
What’s on Your Mind? How Facebook Statuses Can Make or Break Litigated Cases
April 8, 2019
Category: Legal Updates
With the popularity of Facebook and the widespread use of social media by employees, it probably comes as no surprise that experts believe a person’s Facebook status update offers interesting (and usually obvious) insight about his or her personality. Some people tend to share photos of their travel adventures or culinary skills while others post primarily about the political issues of the day or their kid’s latest athletic competition. For the reader, status updates can be interesting, fun and educational. They can also be dangerous traps for the unwary when they consist of unrestrained rants targeting an employer. Certainly, “concerted activities” for the purpose of mutual aid or protection are permitted and protected by the National Labor Relations Act; therefore, posts consisting of complaints concerning working conditions or worker’s rights will typically not support termination of the employee. However, before “going off” on an employer on social media, or tolerating the same by your employees, remember that such posts may be viewed as offensive and unprotected, supporting a legal termination.
DOL's New Joint Employer Proposal Brings Clarity and Good News for Businesses
April 4, 2019
Category: Legal Updates
Joint employer status has long been a hot topic and is seemingly a moving target depending on which agency or jurisdiction is evaluating the status. In a move to reduce uncertainty over joint employer status, promote greater uniformity among court decisions, reduce litigation, and encourage innovation in the economy, on April 1, 2019, the U.S. Department of Labor (“DOL”) proposed a four-part test to replace existing regulations that determine joint employer status under the Fair Labor Standards Act (“FLSA”). While the proposal was favorably received by managers/employers, it sparked criticism from the plaintiffs’ attorneys, who accused the DOL of ignoring precedent that interpreted joint employment broadly.
The #MeToo movement has prompted many state and local governments to expand protections prohibiting discrimination. Two months ago, the Illinois General Assembly passed a series of amendments to the Illinois Human Rights Act, which forbids discrimination in connection with any protected class. If signed into law, the amendments could significantly impact employers.
Just last month, the General Data Protection Regulation (“GDPR”) came into existence. GDPR is the legal framework establishing the guidelines for collection and processing of personal data of individuals in the European Union (“EU”) and the rights of the individuals with regard to such data. The GDPR requires businesses to be much more explicit about the information they maintain on people and to provide them with more control over that information. While European businesses may have been planning for the GDPR for some time, many U.S. companies are unprepared with no plans in place to comply. However, the long arm of the GDPR might apply to them.
Back-of-House Staff Employed in States Without Tip Credits May Now Participate in Tip Pools
April 30, 2018
Category: Legal Updates
On Aril 6, 2018, the U.S. Department of Labor announced amendments to the Fair Labor Standards Act (“FLSA”) § 3(m).
Second Circuit Holds that Anti-Gay Discrimination Falls Within the Purview of Title VII
April 30, 2018
Category: Legal Updates
The 2nd Circuit, covering Connecticut, New York, and Vermont, has revived a sex bias claim brought on behalf of Donald Zarda, a deceased skydiving instructor who was allegedly fired for telling a client he was gay. As an instructor at Altitude Express, Zarda sometimes mentioned his orientation in order to help female clients feel more comfortable when jumping, as they would be tied physically close to him during jumps. Zarda was fired after a boyfriend of one female client complained to Zarda’s boss that Zarda had inappropriately touched his girlfriend and mentioned he was gay. Zarda denied anything inappropriate and alleged that his dismissal was entirely because he said he was gay.
Ever wonder if you can recover litigation costs in employment cases? On August 15, 2017, in Sviridov v. City of San Diego, the court made it clearer for employers.
Two years ago, in Williams v. Chino Valley Independent Fire Dist., the Supreme Court explained that prevailing employers in employment cases can generally only recover costs if the employee’s action was objectively without foundation – an extraordinarily high standard. However, Williams was not asked to consider and did not answer the question of whether costs may properly be awarded in a FEHA action pursuant to a Section 998 offer. That issue was before the court in Sviridov.