Kathryn B. Fox is a member of the Labor & Employment practice group and Vice-Chair of the Franchise Law industry group in Buchalter’s San Diego office. Ms. Fox advises employers on litigation avoidance and provides counseling on workplace law matters.  She has experience representing clients in single-plaintiff cases involving allegations of discrimination, harassment, retaliation, wrongful termination, and wage and hour issues. She also routinely advises and represents clients in class action and representative PAGA cases involving wage-and-hour allegations, including failure to pay regular and overtime wages, meal period and rest break violations, misclassification issues, piece-rate pay agreements, and reimbursement claims. Her representation of clients includes defending actions in state and federal court, in arbitrations, before the EEOC, DFEH, DLSE and EDD, and in mediation. Ms. Fox also provides trainings to clients on workplace privacy issues, preventing workplace harassment, and best practices for complying with California wage and hour laws.

Ms. Fox has been named a 2021-2025 “One to Watch” by Best Lawyers for her work in Labor and Employment Law: Management and Litigation. Ms. Fox was also recognized as a 2021 “Rising Star” by Super Lawyers Magazine.

Highlights of Ms. Fox’s work include:

• Second-chaired a multi-week jury trial defending a national startup company against claims of fraud and false promise, resulting in a unanimous defense verdict.
• Obtained summary judgment for national retailer and two individuals facing eleven causes of action, including claims for age and disability discrimination, harassment, retaliation, failure to engage, failure to accommodate, negligent supervision, breach of implied contract, and intentional infliction of emotional distress.
• Obtained summary adjudication of claim brought by former city councilmember alleging infringement of his civil rights and race discrimination.
• Obtained summary judgment on behalf of private school and church facing allegations of misconduct by a former teacher.
• Successfully obtained a full dismissal of all claims against a large biotech company after filing demurrers and minimal discovery.
• Obtained summary judgment for a large trucking client facing allegations of disability-based association discrimination, harassment and retaliation; age discrimination, harassment and retaliation; retaliation for engaging in protected activities; wrongful termination and declaratory relief.
• Successfully obtained an order that a plaintiff who lost on summary judgment pay the client’s statutorily recoverable costs expended defending the action.
• Obtained summary judgment for three defendants (two companies and the plaintiff’s manager) in a case involving allegations of age discrimination, wrongful termination, intentional infliction of emotional distress and breach of implied contract.
• Negotiated and resolved several employment matters involving claims of discrimination, harassment, retaliation, wrongful termination, wage and hour issues, and other claims under the California Fair Employment and Housing Act and California Labor Code.
• Resolved many claims pre-litigation through negotiations with opposing counsel, thus avoiding litigation.
• Provided advice and counsel to clients on employee terminations and discipline, employee handbooks, and various employer policies and practices.

Bar Admissions

• California
• Texas

Education

• California Western School of Law
• University of Southern California

• The Freelance Worker Protection Act
• National Labor Relations Board Publishes Final Rule Significantly Expanding Definition of Joint Employer
• California’s AB 51, Which Sought to Ban Mandatory Arbitration Agreements, Is Preempted by the Federal Arbitration Act
• Staying in the FAST Lane: An Overview of New 2023 Employment Laws for California Franchisors and Franchisees
• President Biden Signed into Law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
• Are You My Employer?
• Congress Passes the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
• Buchalter Client Alert COVID-19: Considerations for Employers Bringing Employees Back to Work in the Wake of the COVID-19 Pandemic
• Buchalter Client Alert COVID 19: Department of Labor’s New Regulations and Guidance on the Family First Coronavirus Relief Act (“FFCRA)