Jessica Perry

Partner

Silicon Valley


Read full biography at www.orrick.com

Jessica R. Perry leads the firm’s Litigation practices worldwide. As an employment partner, she represents industry leaders in tech, retail and financial services in their most significant class, collective, representative and multi-plaintiff actions under state and federal laws.

Jessica’s discrimination, harassment and retaliation practice focuses largely on representing employers facing claims of discrimination and harassment on the basis of gender, race, religion, disability and age, and other protected categories. Most recently, Jessica represented Microsoft in defeating class certification of a purported nationwide gender discrimination action involving women in technical roles.  She also defeated class certification of a purported class action against Twitter alleging gender discrimination in promotions for software engineers.  The American Lawyer named Jessica as "Litigator of the Week" for these victories.  Earlier this year Jessica tried and won a defense judgment of claims of religious discrimination, retaliation and wrongful termination.  Jessica defended Kleiner Perkins in obtaining a complete defense verdict in Pao v. Kleiner Perkins, the high-stakes gender discrimination and retaliation case, recognized as a 2016 ‘Top Verdict’ by the Daily Journal. Jessica also regularly handles pay equity matters. 

Jessica leads a number of significant wage-and-hour class action matters, focusing on overtime, minimum wage, vacation and personal days, meal and rest break penalties, reporting time wages, expense reimbursements, waiting-time penalties, Private Attorney General Act penalties and work uniform violations. In addition, she also has experience advising companies in the emerging sharing and gig economy on strategic business decisions including the classification of those providing services.

Jessica has also successfully represented clients involved in investigations and audits by the Department of Labor and the California Division of Labor Standards Enforcement, and assists in the development of compensation policies and measures designed to reduce potential exposure.

Jessica is also an expert in generational workplace issues and frequently speaks on employment engagement in a multi-generational workforce.

Posts by: Jessica Perry

Tenth Circuit Holds that Failure-To-Accommodate Claims Require Adverse Employment Action

On October 11, the Tenth Circuit held that a failure-to-accommodate claim under the Americans with Disabilities Act (“ADA”) requires a showing of an adverse employment action, cementing a circuit split and making the issue ripe for U.S. Supreme Court review. READ MORE

Brett Kavanaugh’s Supreme Court Job Interview: An Employer’s Perspective

The Senate is gearing up to consider President Trump’s nomination of Judge Brett Kavanaugh as an Associate Justice of the Supreme Court to replace Justice Kennedy. While employment law is not likely to be the center of his confirmation hearings, many employers will be watching to see how Judge Kavanaugh’s appointment may impact employment cases that come before the Supreme Court. A review of Judge Kavanaugh’s employment law decisions during his time on the U.S. Court of Appeals for the D.C. Circuit suggests that although he sometimes sides with employees, he would be an employer-friendly addition to the Supreme Court.

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NLRB Finds Restaurant Wrongly Terminated Employees for “Profane” Emails

The NLRB continues to find fault with employers who discipline or terminate employees for sending emails discussing the terms and conditions of employment.

When four restaurant workers at Mexican Radio responded to a group email from former employee Annette Polanco complaining about the wages, work schedules, tip policy, and the treatment of workers, the now-closed Manhattan location of the chain responded by preparing reprimands and then terminating their employment. READ MORE

Are Franchisees Employees? California Court Says No

In October 2017, four franchisees filed a federal complaint against the global convenience store chain, 7-Eleven, seeking to represent a purported class of over 1,000 similarly situated 7-Eleven franchisees in California. The franchisees alleged 7-Eleven’s corporate entity violated the Fair Labor Standards Act, California Labor Code, California Code of Regulations, and California Business and Professions Code. The central issue in the case was whether 7-Eleven misclassified franchisees as independent contractors instead of employees. READ MORE

EEOC Warning: Confidentiality Provisions of Settlement Agreements Cannot Restrict An Employee’s Right To File EEOC Charges

The flurry of high-profile harassment allegations across various industries has drawn the public’s attention to the issue of sexual harassment over the past several months.  Unsurprisingly, it has also resulted in increased scrutiny in this area by the Equal Employment Opportunity Commission (EEOC). READ MORE

Landing a New Gig: Lessons for the “On Demand” Economy

In the past few years, the American workforce has shifted dramatically. By some estimates, as many as 53 million Americans are now self-employed. Many of them work in the “gig” or “on demand” economy, which has emerged as the new norm for doing business. In general, the gig economy offers traditional services, such as transportation, food delivery, and housing, in a more efficient way by connecting consumers directly to service providers. But, as with many innovations, gig economy companies face challenges from multiple fronts due to mounting legal pressures. Employment laws written in the 1930s haven’t kept up with the pace of innovation, and trying to apply them to the way services are delivered today is like trying to fit a square peg into a round hole. READ MORE

You May Now Be Seated: Neil Gorsuch Prepares for Spot on the High Court

After the Supreme Court sat with an empty seat for more than one year, and following a hard-fought nominations process which saw the failed nomination of Judge Merrick Garland and Republican lawmakers resorting to the “nuclear option,” the Senate confirmed Neil Gorsuch of the Tenth Circuit to be the next Supreme Court Justice.  His first day on the job was Monday, April 17th.  But for those who are not familiar with Judge Gorsuch, the question remains: what kind of Justice will he be? READ MORE

Arbitration in Employment Sea Change?: Ninth Circuit Holds Mandatory Class Action Waivers Unlawful

Can employers still require employees to sign arbitration agreements with class action waivers as a condition of employment?  Last week, the Ninth Circuit became the second appellate court to adopt the National Labor Relations Board’s (“NLRB”) position that class action waivers violate the National Labor Relations Act (“NLRA”) in Morris v. Ernst & Young LLP.

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It Isn’t An April Fool’s Joke – New Amendments to California’s Laws Against Discrimination Become Effective April 1

The adage that “there is no rest for the weary” is perhaps an all too familiar one for California employers.  Although employers might have already spent the past few months implementing a host of new laws that took effect in early 2016, there has been less fanfare about the upcoming regulatory amendments under the Fair Employment and Housing Act (“FEHA,” Cal. Govt. Code § 12900, et seq.) that go into effect April 1, 2016.

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Please Pass the Settlement: Second Circuit Widens Split Over Stipulated FLSA Dismissals

A recently filed petition for certiorari asks the U.S. Supreme Court to clarify the procedural requirements for ending private causes of action under the Fair Labor Standards Act (“FLSA”).  Specifically, petitioner Dorian Cheeks is asking the Supreme Court to review a decision from the U.S. Court of Appeals for the Second Circuit holding that Federal Rule of Civil Procedure 41 (“FRCP 41”) prohibits the dismissal of FLSA claims through private, stipulated settlement agreements absent approval from either a federal district court or the U.S. Department of Labor (“DOL”).

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