BoutinJones
ATTORNEYS AT LAW
Kimberly A. Lucia
Shareholder
Kimberly Lucia is a member of Boutin Jones Inc.’s Board of Directors and a Shareholder in the Employment Practice Group. Kimberly’s 11 years’ experience working in the financial industry enables her to provide employers with business-minded solutions that also comply with the law. She represents employers in both public and private settings, including those with a unionized workforce. Her clients include those in a variety of industries including the financial industry, banking, agriculture, construction, staffing, healthcare, food processing and manufacturing, logistics and warehousing, and chemical. Kimberly takes seriously her role as a counselor and legal adviser and is passionate about helping her clients avoid litigation and successfully navigate it when it arises.
Kimberly counsels clients in all areas of employment law, including drafting employee handbooks and policies, negotiating severance agreements, drafting executive employment agreements, sales and incentive compensation plans, and conducting employment investigations. She routinely provides advice and counseling to public and private employers on wage and hour issues, discipline and termination, disability accommodations, and Family and Medical Leave Act/California Family Rights Act leaves of absences. Kimberly also counsels clients on pre-litigation strategies and represents employers in employee grievance proceedings. She has represented employers before the California Department of Labor Standards Enforcement (DLSE) in wage and hour hearings, and defending clients against audits from the DLSE and federal Department of Labor.
Kimberly also represents clients in federal and state court in wrongful termination in violation of public policy, wage and hour, discrimination and harassment lawsuits. She has mediated several cases to successful resolution, achieved summary judgment on numerous cases, and has represented clients in arbitrations as well as in appellate court. Kimberly provides strategic litigation defense for her clients in both single plaintiff and wage and hour class and PAGA actions.
The biggest change I’ve seen in employment law is the proliferation of wage and hour litigation, particularly in the class action context. It is now more important than ever to have clearly articulated and legally accurate employment policies.
“I practice labor and employment law. I handle both litigation and advice and counseling work for employers. Recently, I persuaded a plaintiff to dismiss her claim against my client after several months of litigation. I was able to convince the plaintiff her case had no merit and was frivolous. This does not happen often, but I think it demonstrates our ability to make a very persuasive case for our clients.”
I really enjoy the challenge of California employment laws, which can be a veritable mine field for employers doing business in this state. The employers I work with really want to do the right thing, and I pride myself on helping them navigate the tricky legal landscape and in successfully defending their business when litigation arises.
Experience
Employment Counseling
- Development of Employee Handbooks, Executive Employment Agreements, Employee Severance Agreements, Sales Compensation Plans, Trade Secret and Confidentiality Agreements, Independent Contractor Agreements, and Technology and Social Media Policies
Employment Litigation
- Associate counsel in successful defense of private employer in California state court against a claim for wrongful termination in violation of public policy and whistleblower statutes
- Defended employers against claims filed with the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the California Department of Labor Standards Enforcement
- Investigator for claims of sexual harassment, discrimination, and wages by public employees against special districts
- Investigator for claims of sexual harassment and discrimination against private employers
- Lead counsel in defending employers against wage claims brought by former employees to the California Department of Labor Standards Enforcement
- Associate counsel in successful summary judgment motion on behalf of private employer on state court action claims of sexual harassment, failure to prevent sexual harassment, disability discrimination and harassment, failure to accommodate, failure to engage in interactive process, gender discrimination, retaliation, wrongful termination in violation of public policy, intentional infliction of emotional distress and assault
- Lead counsel in obtaining dismissal of federal court action for claims of age, race, and religious discrimination in violation of federal and state law
Involvement
Articles
2009
The Impact of Dynamex on Court Reporters: Are We All Employees Now, 2018
“United States v. Baylor University Medical Center: Impact of FRCP 15(c)(2) on the False Claim’s Act’s Seal Provision,” 42 U.C. Davis Law Review 255, 2009
Presentations
Boutin Jones, “Employment Law Year in Review,” 2010 – Present
Sacramento Public Library, “Sexual Harassment in the Gig Economy,” 2021
EPIC Brokers, “Employment Law Year in Review,” 2016 – 2020
Sacramento Salon Owners, “Hair Salons and AB 5,” 2019
California Groundbreakers, “AB 5 and the Gig Economy,” 2019
Association of Corporate Counsel, “Contracting with Employees and Independent Contractors: What You Need to Know,” 2019
San Mateo Employment Advisory Council, “HR Nightmares: What Keeps Up at Night,” 2018
Sacramento County Bar Association, “Transgender Issues in the Workplace,” 2018
California Court Reporter’s Association, “Dynamex and You: What Every Court Reporter Needs to Know,” 2018
San Mateo Employment Advisory Council, “Behind the Door of the HR Office,” 2017
Sacramento Employment Advisory Council, “Wage and Hour Compliance,” 2017
Yolo County Workforce Investment Board, “Avoiding Landmines: Employment Best Practices,” 2016
Greater Stockton Employment Advisory Council, “Behind the Door of the HR Office,” 2015
Honors
Sacramento Magazine Top Lawyer, 2016 – 2021
Northern California Super Lawyers, Employment and Labor, 2020 – 2023
Northern California Super Lawyers, Rising Star, 2013 – 2019
Sacramento Business Journal Best of the Bar, 2016 – 2017, 2019
Law School Honor, graduated Order of the Coif
Witkin Awards for the highest grade in Civil Procedure, Employment Discrimination, Criminal Law, Health Law, and Intellectual Property Law
Senior Notes and Comments Editor, UC Davis Law Review
Patrick J. Hopkins Memorial Writing award for article on the Federal False Claims Act
Recipient of the Frank and Margaret Johns Award for her demonstrated commitment to the University of California, Davis School of Law
Professional Associations and Memberships
Member and Former Board Member, Women Lawyers of Sacramento
Executive Committee, Milton L. Schwartz David F. Levi American Inn of Court
Member, Sacramento County Bar Association’s Labor and Employment Section
Member, SacLEGAL
Former President and Member of the Board of Directors, King Hall Alumni Association