Employment Litigation
Downey Brand’s employment litigation lawyers are experienced trial attorneys with demonstrated success in state and federal courts and at binding arbitrations.
We work daily to aggressively defend employers in state and federal courts against all types of labor and employment litigation including harassment, discrimination, retaliation, wrongful termination, whistle-blower, wage and hour, employment contract disputes, and PAGA claims. We represent public entities and private employers across a wide range of industries including retail, health care, grocery, banking and professional services. And, we utilize alternative dispute resolution, such as mediation, when it makes the most business sense for our clients.
We specialize in representing employers in complex wage and hour class action litigation. Our employment litigation lawyers have successfully opposed motions for class certification in state and federal courts. We also engage in intensive and early factual investigations in these complex cases to effectively analyze exposure and potential damages to develop defense strategy.
Our employment litigation lawyers regularly appear before regulatory agencies and represent clients during agency audits and investigations, including the California Department of Fair Employment and Housing, the Equal Employment Opportunity Commissioner, the U.S. Attorney General, the U.S. Department of Education, the Occupational Safety & Health Administration, and the Public Employment Relations Board.
In addition to employment litigation, our employment attorneys, offer advice and counsel on the full spectrum of employment claims and issues impacting employers.
Selected Experience
Selected Experience
- Successfully defending a large local grocery company in two simultaneous state court trials in Sacramento and Yolo counties. Both jury trials resulted in defense verdicts. The cases involved complex disability discrimination claims on the one hand and allegations of long-term age discrimination in the other. We obtained an award of costs in each case.
- Serving as trial counsel, in large putative wage and hour class action in federal court on behalf of Fortune 500 health services employer. Class involved approximately 1,000 former and current employees. Successfully opposed motion for class certification resulting in nuisance settlement with single class representative.
- Representing large national bank in wrongful termination, discrimination and whistle-blower claims in state court. Actions resulted in favorable settlement following aggressive defense of claims.
- Successfully defending a large local grocery company in two simultaneous state court trials in Sacramento and Yolo counties. Both jury trials resulted in defense verdicts. The cases involved complex disability discrimination claims on the one hand and allegations of long-term age discrimination in the other. We obtained an award of costs in each case.
- Serving as trial counsel, in large putative wage and hour class action in federal court on behalf of Fortune 500 health services employer. Class involved approximately 1,000 former and current employees. Successfully opposed motion for class certification resulting in nuisance settlement with single class representative.
- Representing large national bank in wrongful termination, discrimination and whistle-blower claims in state court. Actions resulted in favorable settlement following aggressive defense of claims.
- Represented a natural gas company against claims by former employees alleging breach of contract. Obtained defense verdict at trial that was upheld on appeal.
- Successful prosecution of breach of contract claim by former executive against high-tech company following multi-day arbitration in which arbitrator awarded in excess of $250,000 in fees and costs.
- Defense of a financial institution in the San Francisco Bay Area on claims of race and sexual discrimination and a hostile work environment made by female employees against an alleged supervisor during training
Meghan M. Baker
Partner
Sacramento 916.520.5510
Cassandra M. Ferrannini
Partner
Sacramento 916.520.5387
Tyler J. Horn
Senior Associate
Stockton 209.472.3978
Sacramento 916.444.1000
Sean G. McKissick
Sean G. McKissick
Partner
Sean McKissick provides strong and effective legal assistance throughout all stages of trust and estate disputes. Sean has extensive experience across a wide variety of litigation areas and industries in addition to trust and estate work, including healthcare, real estate, civil rights, and white-collar criminal defense.
Sacramento 916.520.5262
Partner
Sacramento 916.520.5262
Announcements
16 related items-
November 7, 2024Downey Brand Ranked Nationally and Regionally in 2025 Best Law Firms®
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November 2, 2023Downey Brand Ranked Nationally and Regionally in 2024 Best Law Firms®
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March 15, 2022Alexandra LaFountain Selected to Leadership Sacramento Class of 2022
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November 5, 2021Downey Brand Ranked Nationally and Regionally in 2022 “Best Law Firms” by U.S. News – Best Lawyers®
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August 25, 2021Distinguished Trial Attorney Kevin Rooney Joins Downey Brand as Counsel
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April 27, 2021Downey Brand Welcomes Sean McKissick to its Litigation Practice in Sacramento
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April 1, 2021Downey Brand Welcomes Samuel Micon to its Employment Practice in Sacramento
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November 9, 2020Downey Brand Ranked Nationally and Regionally in 2021 “Best Law Firms” by U.S. News – Best Lawyers®
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November 4, 2019Downey Brand Ranked Nationally and Regionally in 2020 “Best Law Firms” by U.S. News – Best Lawyers®
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June 7, 2019Downey Brand Welcomes New Litigation Attorney Michael J. Laino
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December 12, 2018Downey Brand Welcomes Two New Associates to its Sacramento Office
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November 12, 2018Downey Brand Ranked Nationally and Regionally in “Best Law Firms” 2019 by U.S. News – Best Lawyers®
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March 7, 2018Jay-Allen Eisen Receives the 2017 Anne K. Meline Award
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December 20, 2017Downey Brand Promotes Four New Counsel
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November 6, 2017Downey Brand Named a Tier 1 Regional “Best Law Firm” in Six Practice Areas by U.S. News – Best Lawyers® in 2018
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December 12, 2014Downey Brand Welcomes Three New Associates
Speaking Engagements / Events
17 related items-
January 31, 20242024 and Onward – Annual Employment Law Webinar
Downey Brand Employment Webinar -
January 24, 20242024 and Onward – Annual Employment Law Briefing
Downey Brand In-Person Employment Seminar -
February 2, 20232023 and Onward – Annual Employment Law Webinar
Downey Brand Employment Webinar -
January 19, 20232023 and Onward – Annual Employment Law Briefing
Downey Brand In-Person Employment Seminar -
February 11, 20222022 and Onward – Annual Employment Law Briefing
Downey Brand Employment Webinar -
March 11, 2021The COVID-19 Vaccine Landscape and What Employers Need to Know to Implement a Successful Vaccination Program
Downey Brand COVID-19 Webinar Series -
January 13, 20212021 and Onward – Annual Employment Law Briefing
Downey Brand Employment Webinar -
April 15, 2020Experts Answer Critical Small Business Questions
Greater Sacramento Economic Council, COVID-19 Webinar Series -
January 28, 2020Webinar: New Year, New Challenges – 2020 Annual Employment Law Briefing
Downey Brand Employment Webinar -
January 2020New Year, New Challenges: 2020 Annual Employment Law Briefing
Downey Brand Employment Seminar -
January 2019New Year, New Challenges: 2019 Annual Employment Law Briefing
Downey Brand Employment Law Seminar -
February 2017New Year, New Challenges: 2017 Annual Employment Law Briefing
Downey Brand Employment Law Seminar -
March 30, 20162016 Employment Law Briefing
Co-presenter, Metro Chamber 2016 Seminar Series -
February 24, 2016A New Year Means New Challenges: 2016 Annual Employment Law Briefing
Co-presenter, Downey Brand Employment Law Seminar -
June 18, 2015Mid-Year Employer Update: Mental Health and the Workplace
Co-presenter, Downey Brand Employment Law Seminar -
January 27, 2015Are you ready for 2015? Many New Laws Will Affect California Employers
Co-presenter, Downey Brand Employment Law Seminar -
January 30, 2014Are You Ready for 2014? Many New Laws Will Affect California Employers
Seminar
Legal Alerts
53 related items-
July 12, 2024Key Changes to PAGA and What Employers Should Know
Employment Law -
June 23, 2022Employment Arbitration Update: PAGA Arbitration Agreements Now Afloat After Viking River Cruises v. Moriana
Employment Law -
March 7, 2022Employment Arbitration Update: President Biden Signs Legislation Limiting Arbitration Provisions Relating to Sexual Assault and Harassment Claims
Employment Law -
January 14, 2022UPDATE: Supreme Court Puts Large Employer Vaccine Mandate on Hold, But Allows Healthcare Worker Vaccine Mandate
Employment Law -
December 21, 2021UPDATE: OSHA’s Emergency Temporary Standards Requiring Employees to Vaccinate or Test Are No Longer Stayed, But Compliance Deadlines Are Extended
Employment Law -
November 17, 2021Fifth Circuit Stays Enforcement of the Federal OSHA Emergency Regulations Requiring Employees to Vaccinate or Test
Employment Law -
June 25, 2021US Supreme Court Confirms Farmers’ Private Property Rights
Food and Agriculture Law -
June 18, 2021COVID-19 Employers’ Requirements Update
Employment Law -
December 7, 2020Three Important New Employment Laws Taking Effect on January 1, 2021
Employment Law -
June 26, 2020Employers Take Note – Recent Updates From the EEOC Regarding Antibody Testing and Harassment and Discrimination
Downey Brand COVID-19 News and UpdatesEmployment Law -
June 22, 2020The United States Supreme Court Holds Title VII of the Civil Rights Act Protects Gay and Transgender Workers
Employment Law -
May 8, 2020Governor Newsom Signs Executive Order Announcing Workers’ Compensation Presumption for COVID-19
Downey Brand COVID-19 News and UpdatesEmployment Law -
April 6, 2020The Department of Labor Issues New Regulations on the FFCRA
Downey Brand COVID-19 News and UpdatesEmployment Law -
March 29, 2020The Department of Labor Issues Additional Guidance Regarding FFCRA Compliance
Downey Brand COVID-19 News and UpdatesEmployment Law -
March 25, 2020Employers Should Consider the EDD’s Work Share Program As an Alternative to Layoffs
Downey Brand COVID-19 News and UpdatesEmployment Law -
March 20, 2020What is the status of the federal government’s changes to the Family and Medical Leave Act?
Downey Brand COVID-19 News and UpdatesEmployment Law -
March 17, 2020In response to increasing concerns regarding COVID-19, Governor Newsom seeks to minimize hardships and uncertainties for employers and their employees
Downey Brand COVID-19 News and UpdatesEmployment Law -
February 18, 2020California Supreme Court Holds Apple Employees Must Be Compensated for Time Spent Undergoing Exit Searches
Employment Law -
July 31, 2018California Supreme Court Declines to Apply the Federal De Minimis Doctrine to Post-Shift Activities
Employment Law -
June 28, 2018U.S. Supreme Court Declares Agency Fees Unconstitutional, Leaving Unions and Others in the Lurch
Employment Law -
June 28, 2018SCOTUS Upholds Class Action Waivers in Arbitration Agreements
Employment Law -
June 28, 2018California Supreme Court Clarifies Overtime Calculation Involving Flat Sum Bonuses
Employment Law -
April 5, 2016California Supreme Court Addresses Suitable Seating
Employment Law -
October 20, 2015California Hammers Final Nail into Piece Rate Coffin at the Same Time it Creates an Affirmative Defense
Employment Law -
October 6, 2015Governor Signs Urgency Legislation to Help Curb Frivolous PAGA Suits
Employment Law -
August 25, 2015Fair Employment and Housing Council Amends California Family Rights Act Regulations
Employment Law -
August 25, 2015California Legislature Amends the Healthy Workplaces, Healthy Families Act of 2014
Employment Law -
October 8, 2014Protections under the Fair Employment and Housing Act Extended to Unpaid Interns
Employment Law -
October 8, 2014California Legislature Clarifies and Expands Prevailing Wage Laws
Employment Law -
October 8, 2014California Becomes Second State to Require Paid Sick Leave
Employment Law -
October 8, 2014Minimum Wage Citations Issued by the Labor Commissioner Now Include any Applicable “Waiting Time” Penalties
Employment Law -
October 8, 2014California Imposes Additional Requirements to Address Sexual Harassment of Agricultural Field Workers
Employment Law -
October 8, 2014Employers Now Share Liability with Staffing Companies and Labor Contractors for Wage Violations
Employment Law -
October 8, 2014Required Sexual Harassment Training for Supervisory Employees Must Now Include Training on the Prevention of Abusive Conduct
Employment Law -
June 16, 2014California Minimum Wage Increases to $9
Employment Law -
June 16, 2014California Supreme Court Decision Expected this Summer Regarding Enforcement of Class-Action Waivers in Arbitration Agreements
Employment Law -
June 16, 2014California Expands Paid Family Leave
Employment Law -
July 2013Supreme Court Further Affirms the Right to Enforce Arbitration Agreements, Including Class Action Waivers
Employment Law -
March 2013An Employer’s Obligation to Accommodate an Employee Disabled by Pregnancy Is Not Limited by California’s Pregnancy Disability Leave Law
Employment Law -
March 2013Courts Grapple with California Law Requiring Employers to Provide Employees with “Suitable Seating”
Employment Law -
April 2012The Brinker Decision…at Long Last
Employment Law -
April 2012Court Enjoins NLRB Posting Requirement
Employment Law -
October 2011NLRB Delays Effective Date of Posting Requirements
Employment Law -
October 2011The Supreme Court Finally Sets the Long Awaited Brinker Decision For Oral Argument
Employment Law -
October 2011Legal Updates on Independent Contractor Classification
Employment Law -
October 2011New Law Restricts Employer Use of Consumer Credit Reports for Background Checks
Employment Law -
July 2011Wal-Mart Stores, Inc. v. Dukes ― United States Supreme Court Denies Class Certification to One of the Most Expansive Class Actions in History
Employment Law -
July 2011California Supreme Court Holds That Out-of-State Employees Working in California Must Be Paid California Overtime
Employment LawEmployment Law -
July 2010You Ask — We Answer
Employment Law -
July 2010Keeping Arbitration Where it Belongs – In Arbitration: Big Win for Employers in Rent-a-Center, West, Inc. v. Jackson
Employment Law -
July 2010How Private is Your Employee’s “Sexting?”: The Supreme Court Weighs In
Employment Law -
March 5, 2010July 1st: May be Able to Deter ADA Plaintiff’s Lawsuits With New ADA-Focused Inspections
Real Estate Law -
October 2009The Double-Edged Sword of Technology: Text Messages and Social Online Networks Offer A New Source of Evidence for Plaintiffs in Discrimination and Harassment Lawsuits
Employment Law
Publications
9 related items-
February 26, 2024Recent California Labor Law Changes and Their Impacts in the Food and Agribusiness Sector
3P Partners Career Resources Blog -
September 2019Big Changes in California Sexual Harassment Law
California Grocer, Issue 4 -
September 7, 2018Dynamex Ruling and the Autonomy of California Workers
Sacramento Business Journal -
November 2015Urgency Legislation Helps Curb Frivolous PAGA Lawsuits
California Grocer, Issue 6 -
February 2015Understanding California’s New Paid Sick Leave Law
California Grocer, Issue 1 -
September 9, 2014Protect Your Bottom Line by Avoiding Data Theft
Northern Nevada Business Weekly, Business Law Guide -
May 2014Data Security: Is Your Company Protected?
Association of Corporate Counsel, Nevada Chapter -
February 2014Employment Law Update: There Are Many New Employment Laws Going Into Effect In 2014
California Grocer, Issue 1 -
February 26, 2012Employee Expectations and Business Risks in Social Media
Northern Nevada Business Weekly