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Employment Law

Contact

Jean F. Kuei
Partner, Washington, DC
T: +1.202.663.8072
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Pillsbury Employment lawyers help employers ranging from emerging-growth companies to multinationals, providing guidance on legal and regulatory matters and devising solutions to the workplace challenges in and out of court.

Our team of legal professionals provides comprehensive strategic counsel at every stage of the employment life cycle, from legal issues relating to recruitment and hiring, outsourcing and employee relations to reductions in force, terminations and post-termination noncompetition. We regularly navigate clients through federal and state wage and hour laws, leave laws and regulatory compliance matters, and we help clients avoid, resolve and prevail in employment-related disputes.

Our practice includes employment counseling and litigation lawyers in offices throughout the U.S. We work closely with our clients’ in-house counsel and our highly experienced Executive Compensation & Benefits, Global Sourcing and Corporate practice lawyers, providing guidance in the context of complex transactions, advising on and assisting in structuring outsourcing arrangements, and ensuring top-level of service backed by extensive issue-specific experience. In addition to representing clients in employment-related disputes, we often use litigation proactively to protect clients from trade secret theft and other employee misconduct and we represent clients in regulatory investigations. Further, we help our clients craft the most effective and legally compliant personnel infrastructure including employment contracts, executive compensation and benefits plans, workplace policies and procedures, and manager training programs.

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Pillsbury’s employment lawyers advise on and represent clients regarding employment practices, issues, laws and regulations including:

  • Employment Practices
    • Hiring, firing and severance
    • Off-the-clock matters
    • Executive compensation and benefits
    • Background checks, employee privacy and data protection
    • Noncompetition agreements, trade secret protection and employee mobility
    • Transactional employment due diligence
    • Outsourcing
    • Social media issues
    • Employment handbooks, policies and procedures
  • Labor and Employment Litigation
    • Wrongful termination allegations
    • Harassment and discrimination claims
    • Contract and tort claims
    • Unfair competition and trade secret violation claims
    • Misconduct allegations
    • Wage-and-hour and other employment-related class actions
    • Agency proceedings and litigation
    • Claims arbitration and mediation
  • Regulatory Matters
    • Age Discrimination in Employment Act (ADEA)
    • Worker classification
    • California’s Private Attorneys General Act (PAGA)
    • Fair Labor Standards Act (FLSA)
    • Family and Medical Leave Act (FMLA)
    • Americans with Disabilities Act (ADA/ADAAA) compliance/disabilities accommodation
    • Religious accommodations
    • WARN layoffs and reductions in force
    • OFCCP and affirmative action compliance matters
    • Transfer of undertakings (protection of employment) regulations
  • Audits, Investigations and Preventive Guidance
    • Employment compliance audits
    • EEOC charges and investigations
    • Department of Labor audits
    • Whistleblower and internal investigations
    • Manager training
    • Workplace discrimination prevention strategies

Representative Experience

  • Successfully represented global electronics company against former employee who stole trade secrets pertaining to a highly successful product line. All information was returned with defendants agreeing to permanent injunction.
  • Represented restaurant chain in wage and hour class action involving 3,000 class members. After four weeks of trial, obtained favorable settlement immediately prior to the close of plaintiffs’ case.
  • Represented large California employer in responding to DFEH Directors’ complaints investigating alleged classwide failures to comply with the state medical leave act and disability antidiscrimination laws, with the agency abandoning classwide claims.

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  • Employment Advice and Counseling
    • Regularly counseling companies with respect to accommodation requests for employees with disabilities while addressing the impact on the business.
    • Advising on the proper classification of workers (exempt and nonexempt) and independent contractors.
    • Counseling companies on the drafting of enforceable nonsolicitation and noncompetition agreements as well as the defense and enforcement of claims relating to these types of agreements.
    • Working with companies in responding to audits by state and federal agencies with respect to the classification of workers and defending companies in any litigation raising misclassification claims.  
    • Advising companies on their social media policies including the data security, discrimination and privacy risks associated with bring your own device (BYOD) policies.
    • Advising boards with respect to employment decisions involving the chief executive officer including the hiring and retention as well as any board-initiated departures of current CEOs.
    • Regularly guiding government contractors through OFCCP audits and providing advice on affirmative action and other applicable requirements.
  • Unfair Competition and Trade Secrets
    • Represented leading aerospace manufacturer through a three-week bench trial in Florida State Court in a trade secrets misappropriation suit against a former employee who diverted more than $60 million in new orders to a competitor.
    • Defended genetic information company against allegations that it “stole” plaintiff’s employees to use its trade secrets to develop competing services and products. Matter dismissed for lack of personal jurisdiction.
    • Defended financial institution and certain of its employees against allegations that defendants illegally raided a local bank by hiring several of its employees and stealing trade secrets.
    • Represented defense contractor in a six-week trade secrets trial alleging that a former executive misappropriated trade secrets involving 3-D imaging technology.
    • Represented employees of a semiconductor company in binding arbitration involving allegations that two of its employees violated a covenant not to compete arising from the sale of a business.
    • Represented online real estate platform in claims against a former executive who raided the company of several software engineers for the benefit of his new employer.
  • Wage and Hour Disputes
    • Defended two companies, alleged to be joint employers, against class wage and hour claims including off-the-clock time, missed meal and rest breaks, and unpaid overtime. Settled with the named plaintiff on an individual basis and dismissal of all class and collective action claims.
    • Represented restaurant chain in a putative class action alleging violations of meal and rest break requirements, improper deductions from wages, inadequate wage statements and other claims.
    • Represented telecommunications company in a putative class action alleging failure to reimburse for business expenses. Denial of class certification was upheld on appeal.
    • Represented home health care company in four separate, but related, actions involving off-the-clock work and missed and/or late meal and rest breaks. Negotiated consolidated settlement of all cases.
    • Represented manufacturing company in a wage and hour PAGA-only representative action. Settlement was approved after the court requested additional guidance on novel legal issues presented by the PAGA-only claims.
    • Represented financial services firm in FSLA class action brought by former employees who sought to certify a nationwide collective action challenging the exempt status of thousands of financial advisers.
  • Workplace Privacy and Data Security
    • Represented hotel in class action alleging corporate ID badges were embedded with a barcode that contained employees’ social security numbers, which put employees at risk for identity theft.
    • Represented several employers in responding to the mistaken transmission of W-2 data to third parties in response to spoofed emails. Thieves used this information to collect fraudulent tax refunds.
    • Represented global pharmaceutical company in connection with harmonizing the privacy polices relating to the collection and use of employee information in more than 40 countries.
    • Represented telecommunications company in class actions claiming invasion of privacy and violations of state and federal wiretapping statutes involving an alleged conspiracy implicating several employees and a private investigator.
  • Whistleblower and Internal Investigations
    • Conducted internal investigation for national bank arising out of allegations of discrimination and inadequate compensation contained in a draft FINRA Statement of Claim submitted to legal department by former employee.
    • Represented restaurant chain in the termination of senior officer who was caught embezzling and taking other actions in contravention of his duties as corporate officer, director and trustee.
    • Represented global trading and investment company in a whistleblower investigation involving allegations that the general counsel violated internal compliance policies and federal criminal law.
    • Handled variety of Title IX matters from investigating individual student complaints to handling a class action audit by the Office of Civil Rights (OCR).
  • Discrimination, Harassment & Retaliation Claims
    • Represented academic medical center in employment discrimination and retaliation action involving former associate professor who claimed that due to her race and gender her appointment was not renewed.
    • Obtained judgment in favor of retail defendant following a high-profile disability discrimination and retaliation arbitration in North Carolina. Secured voluntary dismissal of plaintiff’s four other claims with various administrative agencies.
    • Defended large retail store against allegations of sexual harassment, assault and battery, sex discrimination and retaliation brought by a former store manager. Negotiated a positive settlement on the eve of trial.
    • Won summary judgment for global law firm in a case alleging discrimination and retaliation under the Americans with Disabilities Act, Title VII, FMLA and ERISA. Affirmed on appeal.
    • Defended oil and gas company in jury trial where manager claimed he had been defamed by other employees knowledgeable about an internal company investigation and advised regarding subsequent termination of employment.
    • Represented publicly traded REIT sued by the Department of Justice for race discrimination. After more than 50 depositions, prevailed on summary judgment and secured an extremely favorable settlement.

Practice Area Highlights

  • U.S. News – Best Lawyers Best Law Firms 2025 National Tier 2 Employee Benefits (ERISA) Law ranking.
  • Pillsbury is recognized as among the most feared law firms for litigation by BTI Consulting Group. One of our employment lawyers has also been recognized by BTI as a Client Service All-Star.
  • Attained team member recognition from U.S. News & World Report/Best Lawyers for Labor & Employment Litigation in San Francisco.

Awards

2024 MOST FEARED FIRMS

BTI Consulting recognizes Pillsbury as one of the most feared law firms in litigation.

2025 Best Lawyers

193 Pillsbury lawyers recognized as leading practitioners.

2024 Legal 500

35 Pillsbury practices ranked among best in the U.S.

Resources

Case Study

Moving Swiftly to Prevent the Misappropriation of Valuable Trade Secrets (LG Electronics)

Case Study

Helping Draw the Line Against Improper “Self-Help Discovery” (Nonprofit Health Care System)

Case Study

Securing Court Victories to Validate a Client’s Procedures (Three Chevron Employee Benefit Plans)

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