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.
One thing I really enjoy about my practice is the challenge of California employment laws, which are a veritable mine field. Employers I work with really want to do the right thing, and when I can help them navigate tricky discipline procedures, leaves of absence, and other laws—that makes me feel good.
“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)
Boutin Jones, “Employment Law Year in Review,” Presenter
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.
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
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
Kimberly Lucia counsels clients in all areas of employment law, including drafting employee handbooks and policies, negotiating severance agreements, 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 in wage and hour hearings and has conducted employment investigations into discrimination, harassment, and wage and hour claims.
Kimberly has also represented 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 and has represented clients in arbitrations before JAMS and the Financial Industry Regulatory Authority. Prior to attending law school, Kimberly worked for eleven years in the financial industry as a securities trader for Jefferies & Company, Chase Hambrecht & Quist, JP Morgan Chase, and RBC Capital Markets.