Sue J. Stott

Stott decades of experience representing companies in business disputes including independent contractor law. In that arena, she has successfully defended independent contractor claims in class actions, single claimant and multiple plaintiff actions, plus government agency audits, since the 1990s.

Like many, she’s working remotely, though she sometimes uses the Perkins Coie Howard Street offices. “It feels like a spa day to be away from the family,” she said. “With teens and a retired husband, there are a lot of people in the house. On the other hand, I used to feel like I lived in my car, commuting. I like to think there’ll be some return to normal office life, but workplace centralization has likely forever changed. It’s hard to imagine that we’ll go back to the insanity of the one- to three-hour commute.”

A trend in Stott’s labor defense work involves claims by plaintiffs against companies of “trafficking” violations based on alleged failure to pay fair wages under California law. Typically, the plaintiffs are non-citizens who claim to have been offered good jobs in the U.S. only to be forced to work long hours and denied promised benefits when they arrive, Stott said.

“There’s been a dramatic increase in such claims by plaintiffs in an effort to get favorable visa status as victims of trafficking schemes, coinciding with increased difficulty in securing U.S. work visas generally,” she said.

Stott led the defense of two restaurant companies in such a suit filed by a former Japanese chef who immigrated to the U.S. to work for the defendant, who operated Japanese restaurants in San Francisco and Southern California. Stott’s client denied any Labor Code or other violations. Doe v. Ramla Co Ltd., CGC-16-552298 (S.F. Super. Ct., filed May 31, 2016).

After a two-week bench trial, the judge ruled for the defense in early 2019. “This matter is a significant defense win in face of the increase in these claims,” Stott said.

As the November election date neared, Stott said she is firmly in favor of Proposition 22, the Nov. 3 ballot initiative that defines app-based transportation and delivery drivers such as those who work for Uber Technologies Inc., Lyft Inc. and DoorDash as independent contractors, overriding parts of AB 5.

“I believe in contractor status,” said Stott, who has many gig economy clients. “There’s a place in the world of commerce or this valuable part of our economy. Part-time work is essential, because the worker calls the shots and earn what they want. It seems unconstitutional to tell individuals they cannot contract on this basis.”

— John Roemer