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Lindsay E. Hutner

Lindsay E. Hutner focuses her practice on employment law, with an emphasis on litigation matters. She represents clients in both federal and state courts, as well as before administrative agencies, defending companies in both class actions and single-plaintiff cases involving employment discrimination, harassment, retaliation, wage and hour, unfair competition, enforcement of non-competes and other restrictive covenants, misappropriation of trade secrets, wrongful termination, and breach of contract.

To mitigate risk, Lindsay advises employers on all facets of employment relationships, including the design and implementation of employment practices and handbooks, proper employee classification, wage and hour concerns, family and medical leave, workplace investigations, risk assessment of harassment and discrimination claims, terminations, and various employment laws, including the California Fair Employment and Housing Act, California wage and hour laws, Business & Professions Code section 17200, Title VII of the Civil Rights Act of 1964, California Family Rights Act, the federal Family Medical Leave Act and the Fair Labor Standards Act.  She also conducts on-site trainings and workplace audits.   She also drafts all types of employment agreements, including executive employment contracts and severance and release agreements.

Concentrations

  • Employment litigation
  • Employment counseling
  • Employment contracts and agreements
  • Class action defense
  • Commercial litigation

Capabilities

Experience

  • Defended large cruises and events company on 22 of 24 causes of action asserted by a former employee in arbitration. The arbitrator declined to award the claimant any recovery against the individual respondents and only granted $4,500 on the remaining two causes of action.
  • Obtained dismissal of a wage and hour class action complaint, with prejudice, in California Superior Court.
  • Obtained full summary judgment on race discrimination and harassment matter in California Superior Court.
  • Obtained full summary judgment on disability discrimination and retaliation case in Nevada state court.
  • Obtained full dismissal of contract action based on forum selection clause, in California Superior Court.
  • Obtained ruling from California Labor Commissioner denying wage and hour claims brought by three employees following evidentiary hearing.

Recognition & Leadership

  • Shortlisted, Euromoney’s Rising Star Award, Best in Labor & Employment, 2019
  • Listed, The Legal 500 United States, Labor and Employment - Labor and Employment Disputes (Including Collective Actions) - Defense, 2019
  • Member, American Bar Association
  • Member, Bar Association of San Francisco, Labor and Employment Section

Credentials

Education
  • J.D., University of Southern California Law School, 2005
    • Member, USC Interdisciplinary Law Journal
  • B.A., University of California at Los Angeles, 2002
Admissions
  • California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California