As innovative companies push the boundaries of
technology, they need lawyers who can apply today’s employment regulations to
tomorrow’s business. To help her clients stay ahead, Kristina Pham offers
clarity and precise guidance.
Kristina helps clients ranging from large retail
companies to gig economy start-ups with wage and hour litigation and audits.
She also represents employers in multi-plaintiff and single plaintiff
lawsuits involving discrimination, harassment, and wrongful termination claims.
For example, on behalf of Twitter, she successfully helped fight off class action claims alleging gender discrimination.
Kristina also counsels clients on the latest employment
developments, helping them remain in compliance so they can avoid litigation
before it arises. As a member of the firm’s Alternative Workforce Task Force,
and the Sexual Harassment Task Force, she can offer immediate guidance on
these critical employment areas.
In addition to her practice, Kristina uses her skills to
enhance diversity and improve the community. She currently serves as Chair of
the Silicon Valley Asian Pacific American Bar Association’s (SV-APABA) Scholarship
Committee and member of the Diversity & Inclusion Committee. While at Berkeley Law, she participated in the Education, Defense
and Justice for Youth Clinic, where she represented clients facing expulsion or
incarceration. She also directed the Alternative Dispute Resolution team, and
was instrumental in leading several Berkeley Law students to victories at the
Prior to law school, Kristina was a special education teacher
in San Jose, CA.
On April 29, 2019, the U.S. Department of Labor (“DOL”) issued an opinion letter finding that “on-demand” service providers working for a virtual marketplace company are independent contractors under the Fair Labor Standards Act.
The opinion letter comes almost two years after the DOL withdrew informal guidance on independent contractors issued under the Obama administration, in which the DOL concluded that “most workers are employees under the FLSA.” The new opinion letter signals an approach more friendly to “gig economy” virtual marketplace companies (or “VMCs”), online and/or smartphone-based referral services that connect consumers with service providers providing a wide variety of services, such as transportation, delivery, shopping, moving, cleaning, plumbing, painting, and household services. READ MORE
On December 21, 2018, the Department of Labor issued two opinion letters regarding the Fair Labor Standards Act (“FLSA”). The first opinion letter explains that an employer failed to comply with the FLSA’s overtime requirements when it designated a standard regular rate of pay for overtime purposes and the actual regular rate of pay exceeded that amount. The second opinion letter found that certain members of a religious organization were not employees under the FLSA, but, even if considered employees, qualified for the ministerial exception. This blog post explores both letters. READ MORE
On October 15, 2017, the #MeToo movement began in earnest following a tweet by actress Alyssa Milano. To commemorate the one-year anniversary of the #MeToo movement, the Orrick Employment Law and Litigation Blog will analyze the effects of the movement from the employment perspective. Part 1 reviewed the movement’s impact on sexual harassment claims in the workplace, Part 2 below focuses on the legislative reaction to the movement, and Part 3 discusses how employers have responded to #MeToo. READ MORE
With school back in session, employees may be asking for time off to go to their children’s school activities. Employers should know that several states and the District of Columbia require or encourage employers to provide employees with school-related time off. It is time to make sure employers are compliant with these laws. READ MORE
In tandem with the growing #MeToo movement, sexual harassment appears to be top of mind for California legislators in 2018. In the wake of Harvey Weinstein, Bill Cosby and the like, California has been flooded with an unprecedented number of bills aimed at combatting sexual harassment. The 20+ pending bills take on topics ranging from confidentiality provisions to increased mandatory harassment training. Now more than ever, employers must pay heed to how sexual harassment issues are handled at their companies. Here are the highlights from the top 10 bills that – if passed – will most likely impact employers:
Senate Bill 820 would prohibit settlement agreement provisions that prevent the disclosure of facts related to claims of sexual assault, sexual harassment or sex discrimination cases. Otherwise known as the STAND (Stand Together Against Non-Disclosures) Act, the bill would apply to agreements entered into after January 1, 2019 and would create an exception where a complainant requests a nondisclosure provision (unless the defendant is a government agency or public official, in which case the exception would not be available). The STAND Act passed the Senate Judiciary Committee on May 1, 2018 with a vote of 5-1, and is now headed to a full vote in the Senate. Assembly Bill 3057 contains similar prohibitions, and is currently in the Assembly Appropriations Committee. READ MORE