Name: Theodora R. Lee
Item: Theodora R. Lee
Author: tlee

Bio

Theodora R. Lee

Shareholder

Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
main: (925) 932-2468
direct: (925) 927-4524
fax: (925) 946-9809
tlee@littler.com

333 Bush Street
34th Floor
San Francisco, CA 94104
main: (415) 433-1940
fax: (415) 399-8490
tlee@littler.com

Focus Areas

Litigation and Trials
Wage and Hour
Class Actions
Discrimination and Harassment
Labor Management Relations

Overview

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. She is an elected member of the American Board of Trial Advocates (ABOTA).

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

Elected Member, American Board of Trial Advocates (ABOTA), 2019
Advisor, Executive Committee, Labor and Employment Law Section, State Bar of California
Member, Alameda County Bar Association
Member, American Bar Association
Member, Bar Association of San Francisco
Member, Board of Directors, YMCA - San Francisco
Member, California Women Lawyers
Member, Charles Houston Bar Association
Member, Litigation Counsel of America
Former Member, Board of Directors, Bay Area Legal Aid
Former Member, Board of Directors, United Negro College Fund, Northern California
Former Member, Board of Directors, Leadership California
Former Member, Executive Committee, Labor and Employment Law Section, 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
Recognition

Named, Leading Law Firm Rainmakers, Minority Corporate Counsel Association, 2010
Named, Super Lawyer, Northern California, Super Lawyers, 2011-2015
Awarded, AV® Peer Review Rating, Martindale-Hubbell
Education

J.D., University of Texas School of Law, 1987
B.A., Spelman College, 1984

Bar Admissions

California
Texas

Courts

U.S. Supreme Court
U.S. Court of Appeals, 9th Circuit
California Supreme Court
Texas Supreme Court
U.S. District Court, Northern District of California
U.S. District Court, Southern District of California
U.S. District Court, Central District of California
U.S. District Court, Eastern District of California
U.S. District Court, District of Arizona
U.S. District Court, District of Colorado

Publications & Press

Littler's Theodora Lee Elected to American Board of Trial Advocates
Littler Press Release
October 18, 2019

Sexual Harassment Training in Vogue for Companies After Scandals
San Francisco Chronicle
November 28, 2017

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation
Littler Report
August 4, 2016

Employment Law: Issues Involving Bullying in the Workplace
KALW Local Public Radio
May 13, 2015

Four Steps to Maximizing the Effectiveness of Your Mediation
Legal by the Bay, News from the Bar Association of San Francisco and the Justice and Diversity Center
December 26, 2014

Labor and Employment Digest: February 2014
InsideCounsel
January 24, 2014

Labor and Employment Digest
InsideCounsel
January 1, 2014

The Affordable Care Act (Obamacare)
KALW, 91.7 FM
November 13, 2013

The Legal and Effective Business Use of Social Media in the Workplace
California Business Law Practitioner
January 14, 2013

Lawyers Debate DOL Wage and Hour Tactics, Suggest Some Areas for Clarification, Change
BNA Daily Labor Report
November 5, 2012

Preserving A Record For Appeal While Keeping The Jury On Your Side
The Practical Litigator
July 11, 2007

Can You Use HR Experts in Employment Cases?
The Practical Litigator
March 1, 2007

Theo Lee Weaves Through Complex Benefits Laws of Paid Sick Days
Park Rapids Enterprise
December 12, 2006

Theodora Lee Participates in an In-Depth Roundtable on the Recent Rulings in California Employment Law Cases
California Employment Law Magazine
December 30, 2005

Know Thy Hires: Amendments to State Laws Require Employers to Review Their Policies
San Francisco Daily Journal
May 28, 2002

Speaking Engagements

Protecting Our Future: Are You Ready?
National Bar Association, Atlanta, GA
March 20, 2020

Power of Networking: Benefits of the Positive Approach
2020 Bay Area Women Lawyers Retreat
March 1, 2020

The Trump National Labor Relations Board’s Impact on Labor Arbitration
American Bar Association, Playa del Carmen, Mexico
January 26, 2020

It's NOT as Easy as A-B-C! Practical Tips for Doing Business in California Post AB 5
October 1, 2019

Staying Alive After AB5 - Can California Businesses Still ‘Depend’ on Independent Contractors?
August 8, 2019

High-Level Mediation Strategies
NELC Academy, San Diego, CA
April 25, 2019

2019 Puerto Rico Conference
San Juan, PR
April 12, 2019

Considerations in Handling Workplace Discrimination and Harassment Complaints: A Step-by-Step Approach
NBA Mid-Year Conference, Dallas, TX
March 8, 2019

Bay Area Breakfast Briefing Series - San Francisco
Four Seasons Hotel San Francisco, Veranda Ballroom A757 Market St.San Francisco, CA 94103
January 30, 2019

Bay Area Breakfast Briefing Series - Lafayette
Lafayette Park Hotel & Spa, Independence Room3287 Mt Diablo Blvd.Lafayette, CA 94549
January 24, 2019

Defending and Preparing Witnesses for Depositions
NELC Academy Planning Committee, New Orleans, LA
April 19, 2018

Predictable Scheduling, Access To Hours, and Fair Workweek Legislation
NELC 2018 Conference, New Orleans, LA
April 19, 2018

Diversity and Inclusion: From Rhetoric to Reality
LSBA 11th Annual Conclave on Diversity in the Legal Profession, New Orleans, LA
March 9, 2018

Enough is (NOT) Enough: Yes, We Can Close the Pay Gap!
13th Annual Black Enterprise Women of Power Summit, Orlando, FL
March 8, 2018

Moderator, General Counsel Panel
NELC San Francisco Regional Conference, San Francisco, CA
March 2, 2018

Spotting and Addressing Discrimination and Bias in the Tech Sector
PLI Tech Sector Employment Law Hot Topics for the California Lawyer, Menlo Park, CA
January 25, 2018

Silicon Valley: Driving Growth And Opportunity for the Black Lawyer
National Bar Assocation, Menlo Park, CA
January 19, 2018

Equal Pay Laws and Pay Equity Audits
National Bar Association Labor & Employment Section Annual Conference, Atlanta, GA
October 27, 2017

Lessons Learned from Trials: Strategies for Avoiding, Assessing, and Handling Employment Claims
NACUA Annual Conference, Chicago, IL
June 26, 2017

2017 Employment Law Update
The 2017 Executive Employer® Conference, Phoenix, AZ
May 11, 2017

Working With and Managing the Whistleblower
National Employment Law Council Annual Conference, Denver, CO
April 27, 2017

2017 Littler Global Puerto Rico Conference
San Juan, PR
April 7, 2017

2017 Bay Area Breakfast Briefing - Walnut Creek
Walnut Creek, CA
January 20, 2017

The Big Switch
Watermark Entrepreneur Conference 2016, Mountain View, CA
October 6, 2016

Leave Law Summit
Contra Costa County Bar Association, Concord, CA
October 4, 2016

Getting to Yes: Advanced Tips on Effective Settling/Mediating Your Cases
2016 State Bar Annual Conference, San Diego, CA
September 29, 2016

Getting Yes: Advanced Tips on Effective Settling/Mediating Your Labor and Employment Cases
89th Annual Meeting of the State Bar of California, San Diego, CA
September 29, 2016

Independent Contractor or Employee: Misclassification Can Be Costly
Webinar, Continuing Education of the Bar, California Program
August 18, 2016

What Do You Mean It's Not Privileged?
Walnut Creek, CA
August 11, 2016

What Do You Mean It's Not Privileged?
San Francisco, CA
August 9, 2016

2016 Employment Law Update
The 2016 Executive Employer® Conference, Scottsdale, AZ
May 5, 2016

E-Discovery in Litigation: How are PDAs, FitBits and Big Data Affecting Litigation?
National Employment Law Counsel, Orlando, FL
April 20, 2016

The ABC’s of LGBT
Minority Corporate Counsel Association, San Diego, CA
October 6, 2015

The Blueprint Program
Minority Corporate Counsel Association, San Diego, CA
October 5, 2015

Employment Litigation Evidentiary Problems
National Employment Law Council, Chicago, IL
April 22, 2015

Mock Trial of a Disability Case
Trial Demonstration Seminar, Labor & Employment Law Section – The State Bar of California, Los Angeles, CA
November 18, 2014

Defending and Managing the Latest Off-the-Clock Claims Involving the Continuous Work Day, Use of Smartphones/Mobile Devices Outside of Scheduled Hours, Working Remotely, and Alternative Working Arrangements
Los Angeles, CA
September 30, 2014

Ethical Minefields and eDiscovery: A Perfect Match
San Diego, CA
September 11, 2014

Ethical Minefields and eDiscovery: A Perfect Match
Boston, MA
August 8, 2014

Who’s the Boss of You? The Latest Developments on Independent Contractor vs. Employee and Joint Employer Issues
Los Angeles, CA
July 30, 2014

They’re Not Our Employees. Really! Legal Compliance in the Age of the Contingent Workforce
Professional Casualty Services, Inc., Monterey Park, CA
March 20, 2014

The Affordable Care Act: Implementing Obamacare
Los Angeles, CA
March 12, 2014

What’s it Worth? Valuing Employment Cases for Mediation and Trial
San Francisco, CA
September 20, 2013

Give 'em L! LGBT Ladies Salon & Talk-Show: Supreme Court Edition
San Francisco, CA
September 12, 2013

Labor and Employment
Acquiring or Selling the Privately Held Company 2013 - Practising Law Institute (PLI), San Francisco, CA
April 30, 2013

Damages in EEO Cases: Strategic Use of Expert Witnesses & Motion Practice
46th Annual Pacific Coast Labor & Employment Law Conference, Seattle, WA
April 26, 2013

Ethical Minefields and eDiscovery: A Perfect Match
18th Annual Conference - National Employment Law Council, Houston, TX
April 25, 2013

Goodbye is Forever—or Is It? Planning for Departure, Getting Clear Title to Your Social Media Assets and Other Ways of Protecting Your Confidential Information
Littler Mendelson, San Francisco, CA
April 10, 2013

What’s Missing From the DOL Regulations: A Litigator’s Wish List
6th Annual Labor and Employment Law Conference - American Bar Association (ABA)
November 1, 2012

Current Issues in Trade Secret Litigation
Los Angeles, CA
June 14, 2012

The 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 25, 2012

Top 5 Traps to Avoid in Preparing and Examining Expert Witnesses
Washington, DC
April 19, 2012

Recent Developments in Wage and Hour Law
5th Annual Labor and Employment Law Conference, Section of Labor & Employment Law - American Bar Association, Seattle, WA
November 4, 2011

RIFs -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
October 14, 2011

Wage and Hour Litigation: Focus on the Hotbed of California
San Francisco, CA
September 21, 2011

Social Media Grows Up: The Legal and Effective Business Use of Social Media
84th Annual Meeting - State Bar of California, Long Beach, CA
September 15, 2011

The Great Digital Communication Migration: The Legal Impact of Social Media, Smartphones and Testing
27th HR West Annual Conference - NCHRA, Oakland, CA
April 11, 2011

Litigating Wage and Hour Class Actions
Labor and Employment Law Section - State Bar of California, San Francisco, CA
November 16, 2010

Pay-Up! What do FLSA Violations Really Cost
Annual Conference, Section of Labor and Employment Law - American Bar Association, Chicago, IL
November 5, 2010

Unscrambling the Alphabet Soup of Employee Leave Laws: FMLA/CFRA/ADA/WC
83rd Annual Meeting - State Bar of California, Monterey, CA
September 26, 2010

2010 Employment Law Update
85th Annual Convention, Labor and Employment Law Section - National Bar Association, San Diego, CA
August 11, 2010

Punching 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
April 26, 2010

Supreme Court Review—The Justice Sotomayor Factor
3rd Annual Labor and Employment Law CLE Conference - National Bar Association, Atlanta, GA
March 26, 2010

Taking a Faculty Academic Misconduct Case to a Jury Trial
2010 Spring Workshop - National Association of College and University Attorneys, San Diego, CA
March 18, 2010

Theodora R. Lee

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