Overview

Marlene S. Muraco is a seasoned employment litigator, with 20 years of experience successfully defending employers against the full panoply of employment law claims including wrongful termination, discrimination, harassment, invasion of privacy, and alleged violations of state and federal employee leave laws. The primary focus of her practice is on class actions, with particular emphasis on wage and hour claims arising under California law and the Fair Labor Standards Act, including claims for overtime, unpaid meal and rest periods, and misclassification of employees and contractors.

Marlene also regularly advises employers on practical and thorough compliance with employment and labor laws with a focus on employers' operational and strategic needs. In addition to serving as outside counsel to employers, she has extensive experience serving a key role in a company’s internal HR and legal functions, which has given Marlene a unique understanding of her clients’ business and legal needs and allows her to develop and implement practical solutions to complex legal issues. For example, from 2001 to 2008 Marlene spent two days a week on-site in the employee relations department of a Silicon Valley Fortune 100 technology company providing legal advice and practical guidance on employment issues to the company’s human resources and employee relations staff. 

In addition, Marlene regularly provides management training for clients on all aspects of employment law, including managing within the law, sexual harassment prevention and response, leaves of absence, and termination without liability.

Professional & Community Affiliations

Member

Santa Clara County Bar Association

Member

American Bar Association

Member

Northern California Human Resources Association

Member

Society for Human Resource Management

News, Analysis & Press

Books & Book Chapters

  • Workplace Policies and Best Practices, California Wage and Hour Law and Litigation, Continuing Education of the Bar (CEB), chapter author, 2010, 2011
  • Class Actions Under California Law, Employment Law Class Actions, Littler Mendelson, chapter author, 2010
  • Pros and Cons of Contractual Arbitration, Employment Arbitration Agreements: A Practical Guide, Aspen, chapter author, 2010
  • Minimum Wage Issues, Wage and Hour Answer Book, Aspen, chapter author, 2009
  • Managing Workplace Harassment -- A Guide for Preventing, Addressing and Resolving Harassment Issues on the Job, g.Neil, 2003
  • Hire & Fire Module: Ten Steps to Help You Stay Out of Court, co-Author: Brian McMillan, g.Neil, 2001
  • Family and Medical Leave Act: A Ten-Step Federal and State Compliance Guide for Employers, co-Author: Brian McMillan, g.Neil, 2000

Speaking Engagements

Wage Statements

Littler Executive Employer, Phoenix, AZ

May 4, 2018
Labor & Employment Law Developments: Looking Back at 2015 and Ahead to 2016 - San Jose

San Jose, CA

February 2, 2016
New Employment and Labor Laws for 2015

San Jose, CA

January 29, 2015
New Employment and Labor Laws for 2015

San Jose, CA

January 14, 2015
10th Annual Employment Law & Leadership Conference

January 23, 2014
"You Can't Make Me Come to Work!" Untangling the Web of Employee Leaves

San Jose, CA

May 23, 2013
2013 Employment Law and Leadership Conference

San Jose, CA

January 30, 2013
2013 Bay Area Employment Law Updates

San Jose, CASan Francisco, CAWalnut Creek, CA

January 15, 2013

You Can’t Make Me Come to Work! Untangling the Web of Employee Leaves and Understanding What’s New in 2013

Silicon Valley Chamber of Commerce Seminar, San Jose, CA

December 13, 2012
The Next Gold Rush: Leading the HR function from Pre- to Post-IPO and Beyond

September 24, 2012
2012 Employment Law and Leadership Conference

San Jose, CA

January 11, 2012
Suitable Seating for Your Employees -Is Your Company Compliant, or at Risk?

June 29, 2011

Education

  • J.D., University of Minnesota Law School, 1991cum laude
  • B.A., University of California, Berkeley, 1988

Bar Admission

California