Boutin Jones INC., Attorneys at Law

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People

Kimberly A. Lucia
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.

Kimberly A. Lucia

Shareholder

Practices

  • Employment Law
  • Employment Litigation

Education

  • University of California, Davis School of Law, J.D., 2009
  • John Jay College of Criminal Justice, New York City, M.A. in Forensic Psychology, 1997
  • Shippensburg University, Pennsylvania, B.A. in Psychology, Sociology, 1995

Bar Admissions

  • California
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the Eastern District of California
  • United States District Court for the Central District of California
  • United States District Court for the Northern District of California

Delivering for Clients

“I practice labor and employment law, handling both litigation and advice and counsel. My focus is on providing clients with sound legal advice that also makes sense for their business operations. Where litigation arises, I provide strategic litigation strategies that assist my clients with addressing the unique aspects of their case.”

Experience

Employment Counseling

Development of employee handbooks, wage and hour policies, executive employment agreements, employee severance agreements, sales and incentive Compensation plans, trade secret and confidentiality agreements, independent contractor agreements, and technology and social media policies.

Neutral investigator for claims of sexual harassment, discrimination, retaliation, and wages in the public and private sector, including claims lodged against high-level executives and board members.

Conducted numerous employment practice audits, including on wage and hour compliance.

Employment Litigation

Lead and associate counsel in numerous lawsuits in state and federal court, as well as private arbitration and appellate court, involving claims of sexual harassment, race harassment, disability discrimination, whistleblower retaliation, discrimination, as well as wage and hour complex litigation, including class and representative PAGA actions.

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.

Achieved early resolution of numerous claims brought by employees in single plaintiff and complex actions through settlement on favorable terms or successful motions for summary judgment.

Defeated certification of class action claims for alleged violation of various wage and hour laws.

Detailed Practice Description

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 setting, 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.

Articles

  • 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

  • Northern California Super Lawyers, Employment and Labor, 2020 – 2021
  • Sacramento Magazine Top Lawyer, 2016 – 2021
  • 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