Julie Totten

Partner

Sacramento

Read full biography at www.orrick.com

Julie Totten, who leads Orrick’s Global Employment Law and Litigation Practice Group, built her reputation by helping companies prevent and resolve their most challenging litigation and compliance issues in the employment law arena.

In doing so, Julie closely collaborates with each client, gathering an in-depth understanding of their specific tensions, challenges and objectives. Legal 500 noted she “truly understands corporate politics and works with in-house counsel to understand the intersections of legal advice and business objectives.” Julie then draws upon nearly three decades of experience to guide clients towards the best possible resolution. Her client-focused approach is one of many reasons she was selected to lead Orrick’s global employment practice, which Chambers ranks as one of the country’s foremost practices and describes Julie as “a big thinker and a thought leader.”

Julie has experience defending both class actions and individual plaintiff cases. She has successfully defended clients in trial and arbitration and helps clients with all types of employment matters, including complex wage-and-hour class, collective and representative actions; pay equity and promotion cases; whistleblower retaliation actions, discrimination, harassment and retaliation litigation and trade secret and non-compete matters. She also guides clients through systemic government investigations and audits. Julie is proactive in helping clients avoid litigation by assisting them with the development of policies and practices designed to minimize exposure, including advice and counselling work in the areas of AI and DEI in selection and recruiting.

Julie is honored to be a Fellow of the College of Labor and Employment and a member of the American Employment Law Council. She also served as a Council Member of the American Bar Association Labor and Employment Law Section.

Posts by: Julie Totten

It’s About Time!: DOL’s Overtime Regulations Become Final

Julie Totten and Michael DisotellPosted on November 1, 2019

On September 24, 2019, the U.S. Department of Labor (DOL) announced its final rule updating the earnings thresholds necessary to exempt executive, administrative, and professional employees from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements. According to the DOL’s press release, “[t]he increases to the salary thresholds are long overdue in light of wage and salary growth since 2004,” and the DOL estimates that 1.3 million additional workers will be entitled to minimum wage and overtime pay as a result of the new regulations. READ MORE →

“Judges Are Appointed For Life, Not For Eternity”: SCOTUS Rules That Judge’s Vote in Equal Pay Case Does Not Count Due To Judge’s Passing

Julie Totten and Michael DisotellPosted on March 6, 2019

In April 2018, an en banc Ninth Circuit held in Rizo v. Yovino that an employer cannot justify a wage differential between male and female employees under the Equal Pay Act by relying on prior salary. Before the Ninth Circuit published its decision, though, Judge Stephen Reinhardt passed away. On February 25th, the U.S. Supreme Court vacated the Ninth Circuit’s decision, reasoning that the appellate court should not have counted Reinhardt’s vote because he passed away before the decision was issued. Instead, the Ninth Circuit should not have released the opinion. READ MORE →

Reversed! NLRB Overrules Browning-Ferris Decision And Returns To Prior Joint Employment Standard

Julie Totten, David B. Smith and Annie H. ChenPosted on December 27, 2017

On December 14, 2017, the new Republican majority at the National Labor Relations Board (the “Board”) overturned a controversial Obama-era decision regarding joint employment. The Board’s 3-2 decision in Hy-Brand Contractors, Ltd. and Brandt Construction Co. (“Hy-Brand”) rejected the 2015 Browning-Ferris decision, which had fundamentally broadened the joint employer standard. READ MORE →

Expanded Protections for Working Mothers in San Francisco

Julie Totten and Jessica R. L. JamesPosted on September 8, 2017

Effective January 1, 2018, San Francisco will expand available protections for nursing mothers working within city limits. California law currently requires employers to provide lactating employees with a reasonable amount of break time and to make reasonable efforts to provide the employee with a room, other than a bathroom, in close proximity to the employee’s work area to express milk. Similarly, federal law requires employers to provide a reasonable break time for an employee to express breast milk for one year after the child’s birth in a place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public. Signed into law by San Francisco’s Mayor Ed Lee on June 30, 2017, the “Lactation in the Workplace Ordinance” will expand these requirements for San Francisco employers in the following ways.

California’s Tightened Regulations on Considering Criminal History in Employment Decisions Take Effect July 1, 2017

Julie Totten and Jessica R. L. JamesPosted on May 24, 2017

Last year, the California Fair Employment and Housing Council proposed new regulations on an employer’s consideration of criminal history in making employment decisions. Those regulations were approved this year by the Office of Administrative Law after a period of public comment and are due to become effective on July 1.

New Clarification on Adverse Impact Claims READ MORE →

Digging Into the New Overtime Regulations

Mike Delikat, Jill L. Rosenberg, Julie Totten and Lisa LupionPosted on June 6, 2016

In 2015, the Department of Labor (“DOL”) proposed substantial changes to the minimum salary level requirements, sought input on whether bonuses and incentives should be included in meeting the salary level test and considered changing the duties test to establish overtime eligibility. Taken together, these proposed changes would have had a drastic effect on the obligation of employers to pay overtime. On May 18, 2016, DOL issued its Final Rules and employers have until December 1, 2016 to comply. Overall, the changes strike a middle ground as DOL declined to adopt the more restrictive California 50% duties test. However, doubling the salary level threshold and other changes present significant economic and compliance challenges for employers. Below is a summary of key takeaways and steps employers should consider to address these changes and ensure compliance.

Will HR Managers Get Cooked? Second Circuit Says Culinary Institute’s Human Resources Director May Face Individual Liability Under FMLA

Julie Totten, Lisa Lupion and Annabelle ChanPosted on March 31, 2016

Whether a Human Resources Director will be deemed the “employer” and held individually liable for alleged violations under the Family Medical Leave Act (“FMLA”) should be left to the jury, according to the Second Circuit’s recent FMLA decision. In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d Cir. Mar. 17, 2016), the Second Circuit found that there could be a viable claim for individual liability under the FMLA and it also announced the standard for what could be considered unlawful “interference” with FMLA rights.

California Bill Seeks to Enable Independent Contractors in the “Gig Economy” to Organize, Bargain, and Strike

Julie Totten and Ian AdamsPosted on March 24, 2016

In what could prove a harbinger of worker classification developments to come, Assembly Member Lorena Gonzalez (D – San Diego) has proposed AB 1727, “The California 1099 Self-Organizing Act.” The bill, which is at the earliest stages of the legislative process, would provide an avenue for certain workers classified as independent contractors to engage in “group activities” including organizing, bargaining, and striking. At bottom, the legislation would give certain independent contractors the ability to collectively confront those with whom they contract.

Legislative Updates Employers Should Know About to Avoid Wringing in the New Year

Julie Totten and Julia RiechertPosted on January 4, 2016

The California legislature played an active role in 2015 by enacting new rules and amendments in many employment areas. The following covers some of the key highlights, some of which became effective on January 1, 2016.

Are You Breaking The Rules? NLRB General Counsel Issues Extensive Report On Employer Rules and Handbooks

Julie TottenPosted on March 26, 2015

On March 18, 2015, the General Counsel of the National Labor Relations Board (NLRB) issued a report (General Counsel Memorandum GC 15-04) summarizing recent NLRB enforcement action regarding many common employment policies. The report is relevant to nearly all private employers, regardless of whether they have union represented employees. It is troubling because it finds that many seemingly innocuous, sensible employer handbook provisions and policies are unlawful because they could potentially be interpreted to chill employees’ rights to engage in concerted protected activity under the National Labor Relations Act.