Sidley Austin • San Francisco & Palo Alto
Wendy Lazerson's journey into employment law began when, as an associate, she was tasked with handling an employment dispute.
"A taste of the human drama along with an appreciation for the intellectual stimulation of the ever-changing employment laws had me hooked," she said.
As the co-chair of Sidley's global labor, employment and immigration practice group and a partner in the firm's San Francisco and Palo Alto offices, Lazerson's expertise spans a broad range of critical issues. Her work encompasses significant investigations, high-stakes single- and class-action litigation and arbitration. She adeptly navigates complex cases involving sexual harassment, wage and hour discrimination, trade secrets, whistleblowing and other workplace disputes.
"Our litigation matters tend to be challenging and in need of strategic thought which keeps us on our toes. Since the #Metoo movement, as boards have turned to outside independent lawyers to investigate alleged improprieties in the workplace, I have handled many independent investigations, all of which are privileged so I cannot discuss them at all," Lazerson said. "I find the independent investigative work to be helpful to my work as an advocate because being a neutral fact finder with no skin in the game as to outcome is helpful in providing clients for whom I advocate with an honest and well-rounded assessment of strengths and weaknesses of matters."
One matter has Lazerson serving as lead counsel for a specialty retail chain in a pivotal class action lawsuit. This case is currently pending in state court.
The plaintiff, a former employee, seeks to represent a class comprising all current and former hourly paid or non-exempt employees of the company in California, dating from February 10, 2016, to the final judgment. The lawsuit presents 11 causes of action, alleging various violations of the California Labor Code.
"We often have challenging cases because we litigate at the highest levels with high stakes," Lazerson said. "The challenge is to find creative ways to advocate when there may be no precedent or less than ideal precedent. That is the fun of our profession. Patience and diplomacy are essential skills but not always easy in the heat of the battle."
As to recent trends within labor and employment law, Lazerson said there is great interest in the meaning of "sexual harassment" as it pertains to mandatory arbitration under the new state and federal law which refers back to state law.
"It will be interesting to see how the courts interpret these laws," she said. "Also, though in California, we have long been accustomed to the limitation on noncompetes, there is great interest in the latest developments in that area under both state and federal law."
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