Theodora R. Lee has extensive courtroom experience and practices before all state and federal courts in California and all employment-related regulatory agencies. She represents employers in:
- Class action litigation
- Wrongful termination and employment discrimination litigation
- National Labor Relations Board matters
- Representation cases
- Unfair labor practice proceedings
- Grievance arbitrations
- Title VII proceedings, including race, sex, religious and age harassment and discrimination
- Unfair competition proceedings
- State and federal wage and hour litigation
Theodora's recent litigation successes include class actions involving disparate impact; unpaid commissions and expense reimbursement; employee status, overtime, meal and rest periods; and overtime and exempt status under the California Labor Code and Fair Labor Standards Act. She also has served as lead trial counsel or co-counsel in multiple jury trials and obtained defense verdicts in cases alleging race discrimination, racial harassment, sexual harassment and retaliation, as well as a case alleging violation of the Unruh Civil Rights Act and intentional infliction of emotional distress.
Additionally, she defends various corporations in cases in state or federal courts alleging Fair Employment and Housing Act violations, wage and hour class actions, and whistleblower and wrongful termination claims, and has obtained dismissals via summary judgment in countless cases.
A settlement commissioner, AAA certified arbitrator and mediator, Theodora has concluded more than 1,000 matters through use of private arbitration or mediation, including large, complex, multi-party litigation actions, and individuals suing their employers.
Theodora also counsels employers on:
- The Americans with Disabilities Act
- The Uniform Trade Secrets Act
- The California Business and Professions Code
- The Family and Medical Leave Act
- Employee terminations
- Corporate compliance
- Litigation avoidance
- Reductions-in-force
- The development of personnel policies and procedures
- Workplace violence
- Pre-employment screening
- Federal and state wage and hour issues
- Employment agreements
- Restrictive covenants
- Trade secrets and unfair competition
- Drug and alcohol testing
Theodora has been a contributing writer to numerous employment law publications and presents seminars on a wide variety of employment issues and regularly conducts in-house employment law training programs.
Prior to entering the practice of law, Theodora worked as a Senate intern in Washington, D.C., for Senator Sam Nunn.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Advisor, Executive Committee, Labor and Employment Law Section, State Bar of California
- Former member, Executive Committee, Labor and Employment Law Section, State Bar of California
- Member, Board of Directors - Bay Area Legal Aid
- Member, Board of Directors, United Negro College Fund, Northern California
- Member, Board of Directors, YMCA - San Francisco
- Member, Charles Houston Bar Association
- Member, Bar Association of San Francisco
- Member, Alameda County Bar Association
- Member, California Women Lawyers
- Member, American Bar Association
- Delegate, Conference of Delegates - State Bar of California
- Former president, Bay Area Black United Fund
- Former president, Alameda County Community Food Bank
- Former president, Barristers Section - Alameda County Bar Association
- Former member, Board of Directors - Leadership California
RECOGNITION
- Named, Leading Law Firm Rainmakers, Minority Corporate Counsel Association, 2010
- Named, Super Lawyer - Northern California, 2011 and 2012
PUBLICATIONS AND PRESS
- January 14, 2013California Business Law Practitioner
- November 5, 2012BNA Daily Labor Report
- July 11, 2007The Practical Litigator
- March 1, 2007The Practical Litigator
- December 12, 2006Park Rapids Enterprise
- December 30, 2005California Employment Law Magazine
- May 28, 2002San Francisco Daily Journal
SPEAKING ENGAGEMENTS
- April 30, 2013Labor and Employment
Acquiring or Selling the Privately Held Company 2013 - Practising Law Institute (PLI), San Francisco, CA - April 26, 2013Damages in EEO Cases: Strategic Use of Expert Witnesses & Motion Practice
46th Annual Pacific Coast Labor & Employment Law Conference, Seattle, WA - April 25, 2013Ethical Minefields and eDiscovery: A Perfect Match
18th Annual Conference - National Employment Law Council, Houston, TX - April 10, 2013Goodbye is Forever—or Is It? Planning for Departure, Getting Clear Title to Your Social Media Assets and Other Ways of Protecting Your Confidential Information
2013 Social Media Summit: The New Reality, Littler Mendelson, San Francisco, CA - November 1, 2012What’s Missing From the DOL Regulations: A Litigator’s Wish List
6th Annual Labor and Employment Law Conference - American Bar Association (ABA) - June 14, 2012Current Issues in Trade Secret Litigation
State Bar of California, Los Angeles, CA - May 17, 2012Current Issues in Trade Secret Litigation
State Bar of California, San Francisco, CA - April 25, 2012The Paperless Future is Here: Implementing an Electronic Payment of Wages Program, the New Wage Theft Prevention Act and Lessons for California Employers from the Brinker Decision
HR West 2012 - April 19, 2012Top 5 Traps to Avoid in Preparing and Examining Expert Witnesses
Section of Litigation Annual Conference – American Bar Association (ABA), Washington D.C. - November 4, 2011Recent Developments in Wage and Hour Law
5th Annual Labor and Employment Law Conference, Section of Labor & Employment Law - American Bar Association, Seattle, WA - October 14, 2011RIFs -The Advanced Course: How to Do It Right and Why Ricci May Affect Internal Reviews and Impact Layoffs
29th Annual Meeting, Labor and Employment Law Section - State Bar of California, Anaheim, CA - September 21, 2011Wage and Hour Litigation: Focus on the Hotbed of California
13th National Forum on Wage & Hour Claims and Class Actions, American Conference Institute, San Francisco, CA - September 15, 2011Social Media Grows Up: The Legal and Effective Business Use of Social Media
84th Annual Meeting - State Bar of California, Long Beach, CA - April 11, 2011The Great Digital Communication Migration: The Legal Impact of Social Media, Smartphones and Testing
27th HR West Annual Conference - NCHRA, Oakland, CA - November 16, 2010Litigating Wage and Hour Class Actions
Labor and Employment Law Section - State Bar of California, San Francisco, CA - November 5, 2010Pay-Up! What do FLSA Violations Really Cost
Annual Conference, Section of Labor and Employment Law - American Bar Association, Chicago, IL - September 26, 2010Unscrambling the Alphabet Soup of Employee Leave Laws: FMLA/CFRA/ADA/WC
83rd Annual Meeting - State Bar of California, Monterey, CA - August 11, 20102010 Employment Law Update
85th Annual Convention, Labor and Employment Law Section - National Bar Association, San Diego, CA - April 26, 2010Punching Employers’ Clocks: Top Ten Ways Payroll and Timekeeping Systems are Being Used to Create Class Actions
26th HR West Annual Conference - NCHRA, San Francisco, CA - March 26, 2010Supreme Court Review—The Justice Sotomayor Factor
3rd Annual Labor and Employment Law CLE Conference - National Bar Association, Atlanta, GA - March 18, 2010Taking a Faculty Academic Misconduct Case to a Jury Trial
2010 Spring Workshop - National Association of College and University Attorneys, San Diego, CA - December 3, 2009Issues in Employment Compliance
Advanced Corporate Compliance and Ethics Workshop - Practising Law Institute, San Francisco, CA - November 15, 2009
- November 5, 2009Litigating Wage and Hour Class Actions
3rd Annual CLE Conference, Section of Labor and Employment Law - American Bar Association, Washington, D.C. - October 29, 2009Wage and Hour Class Actions: Latest Developments and Emerging Strategies
Minority Counsel Program - American Bar Association, San Francisco, CA - October 24, 2009Trial Demonstration: Expert Witnesses in Employment Cases
Labor and Employment Annual Meeting - State Bar of California, Berkeley, CA - October 15, 2009Landmines, Trends and Tools
Littler Mendelson, San Francisco, CA - August 5, 20092009 Employment Law Update
84th Annual Convention, Labor and Employment Law Section - National Bar Association, San Diego, CA - June 26, 2009How to Strategically and Cost-Effectively Defend Employment Cases: Multiple Perspectives
Annual Conference - National Association of College and University Attorneys, Toronto, CAN - March 27, 2009Evolving Theories of Caregiving Discrimination: Responsibilities Discrimination
3rd Annual Labor and Employment Law CLE Conference - National Bar Association, New Orleans, LA