Stephanie Gail Lee

Managing Associate

Los Angeles


Read full biography at www.orrick.com
Stephanie Gail Lee, Managing Associate in the firm’s Los Angeles office, represents employers in all aspects of labor and employment law, and has litigated employment-related cases in federal and state courts, and before various administrative agencies.She has managed litigation matters from start to finish in cases involving a wide range of issues including discrimination, harassment, retaliation, failure to accommodate, failure to engage in the interactive process, wrongful termination, wage-and-hour violations, breach of contract, fraudulent inducement, trade secret misappropriation, breach of fiduciary duty, and employee raiding claims. She also regularly advises and counsels employers on compliance issues, including wage-and-hour compliance, leaves and accommodations, terminations and severance agreements, non-compete and non-solicitation covenants, and employee handbook provisions.
  • Obtained favorable settlement against the corporate and individual defendant in breach of fiduciary duty and trade secrets misappropriation case against marketplace competitor and former chief executive officer
  • Obtained dismissal of individual defendant and settled remaining claims favorably in disability discrimination, failure to accommodate and wrongful termination case in Los Angeles Superior Court
  • Represented large healthcare company in connection with effective first contract negotiations with healthcare workers’ union

Posts by: Stephanie Lee

Oh F**k: Employee’s Profane Facebook Post is Protected Activity

On April 21, 2017, the Second Circuit Court of Appeals upheld a National Labor Relations Board (NLRB or Board) ruling that an employer violated the National Labor Relations Act (NLRA or Act) when it discharged a catering employee for posting a vulgar comment on social media directed at his supervisor. In NLRB v. Pier Sixty, LLC (2d Cir. 2017), the court determined that the employee’s post, under the particular circumstances of the case, was not so “opprobrious” as to lose protection under the NLRA. READ MORE

Not Providing Compliant Rest Breaks in California Could Break the Bank – New Clarifications from the State’s High Court

Recently, in Augustus v. ABM Security Services, Inc., the California Supreme Court upheld a $90 million award of statutory damages, interest, and penalties against an employer who required employees to remain on-call during rest periods, despite no evidence showing that any employee’s rest period was ever actually interrupted.  This holding has significant implications statewide, and employers in California should promptly review their rest break policies to ensure full compliance.  READ MORE

California Legislators Aim to Make Prior Salaries a Thing of the Past

A few months ago, the California State Assembly introduced AB 1676, a bill that not only would have prohibited employers from asking job applicants about their compensation history, but also would have required employers to provide pay scale information upon reasonable request. A nearly identical bill passed through the Assembly and Senate before it was vetoed by the Governor toward the end of last year. In his veto statement, the Governor expressed concern that such a measure “broadly prohibits employers from obtaining relevant information with little evidence that [it] would assure more equitable wages.”

As we previously reported, the Fair Pay Act (the “FPA,” Labor Code § 1197.5) requires “equal pay for substantially similar work” based on the employee’s skill, effort and responsibility, and similar working conditions. To the extent a disparity exists between employees of the opposite sex, it must be reasonably based on one or more the factors enumerated within the statute.

Perhaps hoping to avoid repeating history, proponents of AB 1676 have taken a new approach. In place of the provision prohibiting inquiries about prior salary history is new language that amends the FPA to state that “[p]rior salary shall not, by itself, justify any disparity in compensation.”

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Game-Changing Overtime Regulations Advance to OMB Ahead of Schedule, Final Rule Could Arrive as Early as April 2016

The U.S. Department of Labor (DOL) sent its much anticipated final overtime regulations to the Office of Management and Budget (OMB) for review on March 14, 2016.  Technically, this move came slightly ahead of schedule.  OMB now has 90 days to review, which would put its “due date” in mid-June – ahead of the July regulatory agenda publication date we previously reported.  However, as these overtime regulations are a top-line priority subject to intense political scrutiny, there is reason to believe OMB may not complete its review within the 90-day window. 

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