KMD image for practice area pages

"Justice is a level playing field where the least
powerful are just as entitled to rights and benefits
as the most powerful. It is the ideal that informs all
of my work."

 

Kelly M. Dermody, Partner and Chair of the
Employment Practice Group

  • "One of the nation's premier plaintiffs' firms."

    American Lawyer
  • "Representing the best qualities of the plaintiffs' bar."

    The National Law Journal
  • "Their effective and caring advocacy for clients has earned Lieff Cabraser its first-class reputation."

    The Daily Journal
  • NLJ Hot List icon
  • U.S. News Best Lawyers badge 2011-2012
  • Super Lawyers Nationwide
  • Lieff Cabraser: follow us on (social media links)

Practice Areas

Employment Law

Eliminating workplace discrimination, ensuring fair pay, and protecting retirement savings

Lieff Cabraser has a strong tradition of fighting for employee rights across America. Our employment cases challenge (a) discrimination based on employees' race, color, national origin, religion, age, gender, sexual orientation or disability; (b) wage violations, including failure to pay overtime, break time, or vacation time; and (c) misuse of employees' retirement benefits.

Successfully challenging unlawful employment practices

Lieff Cabraser employment attorneys have successfully challenged discrimination, where female or minority employees are not hired, are paid less than their white male counterparts, or are given fewer opportunities to advance at the company; policies of requiring hourly workers to report to work early, stay late, or work through breaks for no pay (off-the-clock work); policies classifying employees as salaried who should have been classified as hourly workers and received overtime pay; and other employment-related claims including under the Employee Retirement Income Security Act (ERISA). In total, we have recovered over $500 million in damages for our clients in dozens of employment cases. 

Our goal is not only to recover compensation for employees and job applicants who have suffered legal violations but also to press employers to comply with the law. We are proud to have assisted our clients in ending unfair practices and inspiring industries to improve recruitment, hiring, promotion, and pay practices and other aspects of employment.

Knowledge across markets and an outstanding reputation

Lieff Cabraser litigates employment cases spanning a wide variety of industries, including retail, medical, insurance, technology, banking, financial services, security, and many more industries. Commenting on the work of Lieff Cabraser in one employment case, the Court stated "the results achieved here could be nothing less than described as exceptional" and praised "the efforts of outstanding counsel."

Kelly M. Dermody chairs the firm's employment practice group and leads the firm's employment cases. In 2011, the Daily Journal recognized her as one of the top labor and employment lawyers in California. The Daily Journal has also twice recognized Ms. Dermody as one of the "Top Women Litigators in California." For the past two years, Best Lawyers In America has selected Ms. Dermody as one of "San Francisco's Best Lawyers." In 2007, California Lawyer magazine awarded Ms. Dermody its prestigious California Lawyer Attorney of the Year (CLAY) Award.

Successes

Case Result
Home Depot

We represented a class of approximately 25,000 female employees and applicants for employment with Home Depot's West Coast Division who alleged gender discrimination in connection with hiring, promotions, pay, job assignment, and other terms and conditions of employment.

Full Story
$87.5 million settlement and modification of practices to ensure qualified women were hired & promoted
IBM

In July 2007, the Court granted final approval to a $65 million settlement of a class action suit by current and former technical support workers for IBM seeking unpaid overtime.

Full Story
$65 million settlement, a record amount in overtime litigation involving IT workers
FedEx Express

The $54.9 million settlement of a race discrimination class action lawsuit by African American and Latino employees against FedEx Express also required FedEx to reform its promotion, discipline, and pay practices.

Full Story
$54.9 million settlement in race discrimination class action
Abercrombie & Fitch

The settlement required Abercrombie & Fitch to implement a program to prevent racial and gender discrimination against Latino, African-American, Asian-American, and female applicants and employees.

Full Story
$50 million settlement and implementation of program to prevent discrimination
United Airlines

We obtained a $36.5 million settlement for female United Airlines flight attendants who were required to weigh less than comparable male flight attendants. 

Full Story
$36.5 million settlement in gender discrimination class action
Wal-Mart

In addition to monetary relief, the settlement required Wal-Mart to undertake measures to prevent wage and hour violations at its stores and clubs.

Full Story
$35 million settlement plus injunction to prevent wage and hour violations
Smith Barney

The Smith Barney settlement provides for comprehensive injunctive relief and significant monetary relief for the 2,411 female financial advisors who were part of the class.

Full Story
$33 million settlement
Computer Sciences Corporation

A $24 million settlement was reached with Computer Sciences Corporation in an overtime pay class action lawsuit filed by CSC IT and technical support workers.

Full Story
$24 million settlement
Morgan Stanley

The Court granted final approval to a $16 million settlement in the race discrimination case against Morgan Stanley.

Full Story
$16 million settlement
Consolidated Freightways

We represented exempt employees of Emery Air Freight, a freight forwarding company acquired by Consolidated Freightways, in a suit for violations of the Employee Retirement Income Security Act (ERISA). The case settled in 1993 for $13.5 million.

Full Story
$13.5 million settlement
Wells Fargo Overtime

Under the class action settlement between Wells Fargo and a class of approximately 4,500 Business Systems Consultants and e-BSCs, Wells Fargo agreed to pay $12.8 million to settle the overtime pay claims.

Full Story
$12.8 million settlement in overtime pay class action
AT&T IT Workers

The complaint charges that AT&T has a common practice of misclassifying its technical support workers as exempt and failing to pay them for all overtime hours worked in violation of federal overtime pay laws.

Full Story
$12.5 million settlement
UPS

We represented African-American part-time hourly employees of UPS's Pacific and Northwest Regions alleging race discrimination in promotions and job advancement.

Full Story
$12 million settlement
Longs Drugs

Over 1,000 current and former Longs Drugs managers and assistant managers were eligible for compensation under the settlement of the overtime wages class action lawsuit.

Full Story
$11 million settlement
SBC Communications

Employees of SBC and Pacific Telesis Group who participated in AirTouch Stock Funds alleged that SBC breached its duties to 401k plan participants.

Full Story
$10 million settlement
Perdue Farms

We represented chicken processing employees of Perdue Farms, Inc., one of the nation's largest poultry processors, for wage and hour violations.

Full Story
$10 million settlement
California State Automobile Association

We represented CSAA field claims adjusters who alleged that CSAA improperly classified them as exempt, therefore denying them overtime pay for overtime worked.

Full Story
$8 million settlement
Allied Group

Plaintiffs, claims representatives of Allied / Nationwide, alleged that the company misclassified them as exempt employees and failed to pay them and other claims representatives in California overtime wages for hours they worked in excess of eight hours or forty hours per week.

Full Story
$8 million settlement
Farmers' Insurance Exchange

Lieff Cabraser and co-counsel represented claims representatives of Farmers' Insurance Exchange seeking unpaid overtime.

Full Story
$8 million settlement
Cadence

The suit by current and former technical support workers for Cadence seeking unpaid overtime resulted in a $7.6 million settlement.

Full Story
$7.6 million settlement
Wells Fargo IT Workers

Information technology (IT) support workers of Wells Fargo filed a class action seeking overtime pay in accordance with the Fair Labor Standards Act and California wage and hour laws.

Full Story
$6.72 million settlement
Inter-Con Security Services

In February 2008, the Court granted final approval to the class action settlement.

Full Story
$4 million settlement
Adecco Vacation Pay

The Court approved two class action settlements on behalf of Adecco USA, Inc. employees in California denied vacation benefits by Adecco, the nation's largest staffing agency.

Full Story
$3.1 million settlement
McCormick & Schmick's

The consent decree created benchmarks to ensure no discrimination occurred against African-American restaurant-level hourly employees of McCormick & Schmick's Seafood Restaurant Inc.

Full Story
$2.1 million settlement
Best Buy Discrimination

We represent current and former employees of Best Buy in a federal class action civil rights lawsuit alleging that Best Buy stores nationwide discriminate against women and minorities, specifically African Americans and Latinos.

Full Story
Changes in personnel policies
Premera Blue Cross Overtime Pay Class Action Settlement

The lawsuit charges that Premera Blue Cross has a common practice of misclassifying its technical support workers as exempt and failing to pay them for all overtime hours worked in violation of federal overtime pay laws.

Full Story
$1.45 million settlement
View More Successes

Current Cases

Case Issue
A&P Overtime

In July 2007, the Court certified the class of thousands of A&P cashiers, clerks, bakers, deli and other hourly-paid workers seeking overtime pay. The order granting certification was affirmed on appeal.

Full Story
Overtime pay violation
Bank of America & Merrill Lynch Discrimination

Plaintiffs charge that BofA and Merrill Lynch have engaged in a pattern and practice of gender discrimination against their female financial advisors with respect to business opportunities, compensation, professional support, and other terms and conditions of employment.

Full Story
Gender discrimination
Caterpillar Retirees

We represent retirees of Caterpillar in a class action lawsuit against the company to preserve the healthcare benefits promised them under collective bargaining agreements.

Full Story
Breach of contract over retiree benefits
CostCo Wholesale Corp.

Female employees represented by Lieff Cabraser and co-counsel charge that Costco discriminates against women in promotions to management positions.

Full Story
Gender discrimination
Goldman Sachs

Lieff Cabraser serves as Co-Lead Counsel for plaintiffs in a gender discrimination class action lawsuit against Goldman Sachs. The complaint charges that, among other things, Goldman Sachs pays its female professionals less than similarly situated males, disproportionately promotes men over equally or more qualified women, and offers better business opportunities and professional support to its male professionals.

Full Story
Gender discrimination
R.J. Reynolds Retirement Plan

Lieff Cabraser served as Co-Lead Trial Counsel in a class action on behalf of over 3,500 employees of R.J. Reynolds Tobacco Company brought under the Employment Retirement Income Security Act alleging that RJR breached its duty of prudence in administering the employee 401(k) retirement plan.

Full Story
Breach of fiduciary duty
Tata Consultancy Services

The nationwide class action lawsuit charges that Tata unjustly enriched itself by requiring all of its non-U.S.-citizen employees to endorse and sign over their federal and state tax refund checks to Tata.

Full Story
Breach of employment contracts; Labor code violations
View More Current Cases

Investigations

Case Allegation
IT Workers Overtime

Overtime law FAQ: information technology workers and their right to overtime pay.

Full Story
Overtime pay improperly denied
Xerox Workers Overtime

Lieff Cabraser and Outten & Golden are investigating claims that Xerox has wrongfully denied overtime pay to some of its employees.

Full Story
Overtime pay improperly denied