Lena K. Sims’ practice focuses on the defense of private employers in litigation in state and federal court in the following areas: wage and hour class actions, representative actions under California’s Private Attorney General Act (PAGA), trade secret misappropriation, employee mobility, and wrongful termination. She has handled class action lawsuits alleging claims including :
- Misclassification as exempt from overtime
- Misclassification as independent contractor
- Failure to provide meal periods and/or rest breaks
- Failure to pay earned and accrued vacation wages
- Failure to reimburse business expenses including mileage and cell phone expenses
Lena’s prior work includes the following results :
- Complete defense verdict for a start-up video technology company accused by its larger competitor of trade secret misappropriation and unlawful solicitation of employees
- Successfully defended employer in jury trial in which plaintiff alleged age and disability discrimination, retaliation, failure to provide meal and rest periods, and intentional infliction of emotional distress
- District court order granting summary judgment of individual plaintiff’s claims under Title VII for age and disability discrimination, retaliation, and negligent and intentional infliction of emotional distress
- District court order denying plaintiff’s Strategic Lawsuit Against Public Participation (SLAPP) motion to strike counterclaim alleging breach of an arbitration agreement.
In addition to her litigation practice, Lena advises clients on the handling of employee claims of wrongful termination, harassment and discrimination; wage and hour laws; and employee mobility. She regularly presents client seminars and training on these topics to management and human resources professionals and California wage and hour training to small businesses.
Previously, Lena served as a judicial clerk to Hon. Napoleon A. Jones, Jr. and Hon. Nita L. Stormes of the U.S. District Court for the Southern District of California. She was also a judicial extern to Hon. Lawrence K. Karlton of the U.S. District Court for the Eastern District of California.
Education :
- J.D., University of California, Davis School of Law, 2000
- M.A., California State University, Sacramento, 1995
- B.A., California State University, Sacramento, 1990
Courts :
- U.S. Court of Appeals, 9th Circuit
- U.S. District Court, Northern District of California
- U.S. District Court, Southern District of California
- U.S. District Court, Central District of California
Professional & Community Affiliations :
- Member, San Diego County Bar Association
- Co-Chair, Labor and Employment Law Section, San Diego County Bar Association
- Member, American Bar Association
Cost
Rate : $$$