The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Lisa Harris is a partner in the Labor and Employment Practice Group in Sheppard Mullin’s Orange County and New York offices. Ms. Harris counsels and represents management in both employment and traditional labor matters. She regularly conducts and advises on high-level investigations and trains HR professionals on how to conduct such investigations internally. She also advises on diversity, equity and inclusion best practices. As a member of Shepard Mullin’s ESG and Sustainability Industry Team, Ms. Harris supports clients in addressing the social aspects of ESG through the development and promotion of a healthy and equitable workplace. In addition to her experience as outside counsel, Ms. Harris has several years of experience as in-house counsel both on a full-time and seconded basis. This experience gives her specific insight into the challenges and issues faced by in-house employment counsel and DE&I teams.
Denise Giraudo is a partner in the Labor and Employment Practice Group, Managing Partner of the firm's Washington, DC office, and Co-Chair of the firm's Women Lawyers Group. Denise counsels and represents employers in a wide range of labor and employment litigation matters before state and federal courts and various local and federal administrative agencies. Her extensive litigation practice includes representing employers in connection with discrimination and retaliation claims under all applicable local, state, and federal statutes; disability accommodation claims; wage and hour claims; whistleblowing claims under the Sarbanes-Oxley Act and the False Claims Act; unfair labor practice charges; and grievance arbitrations. Denise also regularly counsels clients regarding personnel policies, reductions-in-force, discipline, terminations, employee accommodations, and leaves of absence. She has routinely handled internal investigations and counseled employers regarding the strategic response to allegations of discrimination. Denise’s practice also includes the representation of employers on matters of workplace safety and health, providing guidance on federal and state OSHA compliance, challenging citations, and litigating OSHA-related matters.
Describe your practice area and what it entails.
Lisa: My practice primarily consists of advice and counseling and compliance. I advise employers on all employee-related matters from hiring to termination. I also conduct investigations and advise on remedial actions, where appropriate. My goal is to help employers create a fair and equitable workplace, where employees can grow and do their best work. This helps minimize litigation and promotes engagement and productivity. To that end, I train HR professionals on the law and how to conduct investigations, I train managers on how to effectively manage and support employees, and I train employees on what is and is not appropriate in the workplace through harassment prevention and respect in the workplace training. I also conduct wage and hour audits. On the traditional labor side, I advise employers on compliance with the National Labor Relations Act and I represent them in contract negotiations and labor arbitrations. Finally, I advise and train on matters related to diversity, equity, and inclusion.
What types of clients do you represent?
Lisa: I represent a variety of clients, including major retailers like Ross Stores, Inc.; fashion and beauty companies like Olive & June; energy companies and utilities like Sempra Energy and Southern California Gas Company; construction technology companies like Procore Technologies, Inc.; production companies like Untold Studios; non-profits like the New York City Anti-Violence Project; health companies like Greater Good Health; and sports teams like the Brooklyn Nets.
What types of cases/deals do you work on?
Denise: My practice includes single plaintiff discrimination and whistleblower claims as well as class and collective actions. I represent employers in all forums throughout the country and at all levels—administrative, state, and federal courts. Currently, the most common types of cases are retaliation claims related to whistleblowing as well as discrimination claims related to COVID-19 vaccine mandates.
How did you choose this practice area?
Lisa: I was first attracted to labor and employment by the people in the practice group. I wanted to join a smaller practice group with talented lawyers whom I would enjoy working with. Because of the type of work we do, labor and employment attorneys are generally personable. From there, I was drawn in by the complexity and variety of the work. labor and employment is about people, so the fact patterns are often interesting and messy. I always say, “people never cease to amaze.”
What is a typical day like and/or what are some common tasks you perform?
Denise: As a labor and employment attorney, no day is ever the same because, inevitably, a client has an emergency or an urgent question. But, typically, I work on various stages of my litigation and also advise clients on questions they may have about particular employee situations.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Denise: Labor and employment attorneys are unique because our work includes day-to-day interaction with non-lawyers. Thus, I would recommend someone have a strong legal background in the relevant employment laws (federal and state), but also have “people skills.” Often, we have new attorneys who have difficulty speaking to non-lawyers about legal issues, and this is a vital skill that must be developed to be successful in this area of law.
What do you like best about your practice area?
Lisa: What I appreciate the most is the impact we can have on our clients and on individual employees. The work we do directly impacts the way employees experience the workplace. Given the number of hours employees spend working each week, that really matters. I also really like the variety of the work. Because labor and employment is ultimately about people, societal events and changes in social norms also impact the law and how it is interpreted and applied. For example, when the pandemic started, employers all had to figure out how they were going to manage their workforces and still comply with laws that were not written with a pandemic in mind. For this they heavily relied on labor and employment attorneys. Similarly, as new generations enter the workplace with different expectations and greater demands for diversity, equity, and inclusion, employers rely on us for guidance on how to meet those demands within the confines of the law.
What misconceptions exist about your practice area?
Lisa: The greatest misconceptions I have found are that labor and employment is all about litigation and that attorneys who represent employers are on the dark side. My practice is evidence that there is so much more to labor and employment than litigation. In fact, the spectrum is so broad that I regularly meet other attorneys in my practice area who do completely different things than I do. On the second misconception, I have found that most employers want to do the right thing. I generally spend my time advising employers who want to create a more positive and inclusive workplace for their employees. While they want to understand their legal obligations, their goal is to go beyond that.
What are some typical tasks that a junior lawyer would perform in this practice area?
Denise: Our junior lawyers are entrusted with responsibility and are integrated onto client teams from the start of their careers, sitting in on and participating in strategy meetings and conference calls with clients. Typically, junior lawyers work on research related to our litigation while also reviewing key pieces of evidence for our defense of the case. Associates may also write memos, draft and respond to discovery requests, and prepare objections to evidence offered by the opposing side. Additionally, junior lawyers participate in investigations by interviewing witnesses and reviewing documents, and when ready, lead investigations for our employer clients.
How do you see this practice area evolving in the future?
Denise: Labor and employment truly evolves with current events. For example, during COVID, we entered new “territory” with the Families First Coronavirus Response Act as well as vaccine mandates. We also have dealt with ever-evolving court standards and regulations that can change with the presidential administration. That will not change—but also makes this area of law fun!