People: Emily E. Barker, Associate

Photo of Emily E. Barker, Associate

Emily E. Barker

Associate

San Francisco
Direct: (415) 732-1141
2

Ms. Barker is a senior associate in the San Francisco office of Seyfarth Shaw LLP.  A member of the Labor & Employment department, she represents management in a broad range of labor and employment matters.  Her practice is focused on employment litigation and she has substantial experience in the defense of wage and hour class, collective and Private Attorneys General Act actions.  Her significant wage and hour motion practice in both state and federal court includes drafting and arguing Oppositions to Class Certification, affirmative Vinole motions to deny certification and Motions for Summary Judgment in matters with substantial potential class sizes.  She likewise has taken depositions of representative Plaintiffs and defended the depositions of corporate executives and persons most knowledgeable.  She has drafted mediation briefs and assisted in successful mediations in the class context, orchestrated class-wide Pick Up Stix settlements and broad declaration campaigns, developed interviewing strategies and taken declarations from both employer side and putative class member witnesses.

In addition to her litigation practice, Ms. Barker counsels employers in all areas of Labor and Employment law, including the California Fair Employment and Housing Act, Title VII, the Americans with Disabilities Act, California Labor Code, the Fair Labor Standards Act, and other state and federal statutes.  Ms. Barker likewise provides day-to-day counseling, policy review and advice to clients regarding the interface of state and federal law with the employment relationship, including employee exempt-status classification, wage and hour requirements, employee complaints, workplace investigations, leaves of absence and the interactive process.  

Prior to joining Seyfarth Shaw, Ms. Barker served as law clerk to the Honorable Chief Justice Paul Reiber of the Vermont Supreme Court.  During law school, Ms. Barker externed for Associate Chief Administrative Law Judge Mary Miller Cracraft at the National Labor Relations Board Division of Judges and for the Honorable Carlos Bea of the Ninth Circuit Court of Appeals.  Ms. Barker has also authored several published law review articles, she has been interviewed and quoted as legal authority by the BNA and her scholarship has been cited by the American Law Reports.

Ms. Barker is a senior associate in the San Francisco office of Seyfarth Shaw LLP.  A member of the Labor & Employment department, she represents management in a broad range of labor and employment matters.  Her practice is focused on employment litigation and she has substantial experience in the defense of wage and hour class, collective and Private Attorneys General Act actions.  Her significant wage and hour motion practice in both state and federal court includes drafting and arguing Oppositions to Class Certification, affirmative Vinole motions to deny certification and Motions for Summary Judgment in matters with substantial potential class sizes.  She likewise has taken depositions of representative Plaintiffs and defended the depositions of corporate executives and persons most knowledgeable.  She has drafted mediation briefs and assisted in successful mediations in the class context, orchestrated class-wide Pick Up Stix settlements and broad declaration campaigns, developed interviewing strategies and taken declarations from both employer side and putative class member witnesses.

In addition to her litigation practice, Ms. Barker counsels employers in all areas of Labor and Employment law, including the California Fair Employment and Housing Act, Title VII, the Americans with Disabilities Act, California Labor Code, the Fair Labor Standards Act, and other state and federal statutes.  Ms. Barker likewise provides day-to-day counseling, policy review and advice to clients regarding the interface of state and federal law with the employment relationship, including employee exempt-status classification, wage and hour requirements, employee complaints, workplace investigations, leaves of absence and the interactive process.  

Prior to joining Seyfarth Shaw, Ms. Barker served as law clerk to the Honorable Chief Justice Paul Reiber of the Vermont Supreme Court.  During law school, Ms. Barker externed for Associate Chief Administrative Law Judge Mary Miller Cracraft at the National Labor Relations Board Division of Judges and for the Honorable Carlos Bea of the Ninth Circuit Court of Appeals.  Ms. Barker has also authored several published law review articles, she has been interviewed and quoted as legal authority by the BNA and her scholarship has been cited by the American Law Reports.

Education

  • J.D., University of California, Hastings College of the Law

    magna cum laude
    Thurston Society
    Executive Managing Editor, Constitutional Law Quarterly
    Academic Excellence Scholarship Recipient
    CALI and Witkin Awards in State & Local Govt. Law  and Art Law
    Snodgrass Moot Court Competition: Semi-Finalist for Best Brief & Best Oral Argument

  • B.A., University of California, Santa Cruz

Admissions

  • California

Affiliations

  • Executive Committee member, San Francisco Bar Association Barrister’s Club, Labor and Employment Section
  • American Bar Association
  • California Bar Association, Labor and Employment Section
  • San Francisco Bar Association, Labor and Employment Section

Representative Wage & Hour Engagements

  • Matter for Fortune 20 online retail provider: Riverside County Superior Court, ongoing defense of putative class action alleging final pay, wage statement and unlawful competition.
  • Matter for international law firm client: U.S. District Court, Northern District of California, defense of putative class action brought by partner against her law firm alleging gender discrimination and equal pay claims under federal, California and Illinois laws.
  • Matter for Fortune 15 client: Santa Clara County Superior Court, successful defense against class certification and oversight of successful Pick Up Stix campaign in putative class action with allegations of unpaid wages on behalf of equipment service workers.
  • Matter for large health insurance client: Contra Costa County Superior Court, drafted and argued opposition to class certification, Vinole motion to deny certification, and motion for summary judgment in class action involving insurance sales agents alleging unreimbursed business expenses, unlawful deductions, unpaid vacation and derivative claims.
  • Matter for international hair salon operator: U.S. District Court, Central District of California, drafted opposition to motion for class certification in putative class action involving allegations of missed meal and rest breaks, unpaid overtime wages, split shift issues, inaccurate wage statements and waiting time penalties.
  • Matter for large mental health services provider: Alameda County Superior Court, ongoing defense of putative class action brought by employees of a healthcare provider alleging unpaid overtime, reporting time, meal and rest break, wage statement and other wage and hour claims.
  • Matter for restaurant chain client: U.S. District Court, Northern District of California, drafted mediation brief and appeal of denial of motion to compel arbitration in putative class action involving allegations of unpaid wages and missed breaks on behalf of retail bakery/café workers.
  • Matter for security services company: U.S. District Court, Central District of California, drafted opposition to class certification and Vinole motion to deny certification in putative class action involving security guards and alleging unpaid wages, overtime violations arising from off the clock work, illegal rounding, and donning and doffing, meal and rest break violations, and derivative claims.
  • Matter for unionized steel manufacturer: U.S. District Court, Northern District of California, drafted mediation brief in putative class action involving allegations of unpaid wages and missed breaks on behalf of steel workers.
  • Matter for large private tour company: San Francisco County Superior Court, drafted mediation brief and oversaw successful Pick Up Stix campaign in putative class action brought by tour directors alleging misclassification and derivative minimum wage, overtime, meal periods and rest break claims.
  • Matter for large automotive club, Contra Costa County Superior Court, ongoing defense of putative class action involving allegations of independent contractor misclassification and breach of contract.
  • Matter for Fortune 500 company: Alameda County Superior Court, defended putative California Labor Code class action resolved on individual basis.
  • Matter for international water distributer: U.S. District Court, Northern District of California, oversaw successful Pick Up Stix campaign in putative class action involving allegations of misclassification and derivative overtime, minimum wage, meal and rest, wage statement, and waiting time penalties claims.
  • Matter for top 10 private company: U.S. District Court, Eastern District of California, defended alleged misclassification of warehouse supervisor roles per exempt status.
  • Matter for multinational video game publisher/distributor, San Francisco County Superior Court, drafted motion for summary judgment in putative class action involving allegations of unpaid wages and missed breaks.
  • Matter for international logistics company: Sacramento County Superior Court, oversaw successful Pick Up Stix campaign in putative class action brought on behalf of delivery drivers alleging meal, rest, and wage statement claims.
Wage & Hour Appellate Advocacy
  • Matter for restaurant chain client: U.S. Court of Appeals, Ninth Circuit, drafted appeal of denial of motion to compel arbitration in putative wage hour class action.
  • Matter for food production client: California, 5th Dist. Court of Appeal, drafted writ to prevent court-ordered unconstitutional search of employees.
  • Matter for large insurance provide client: California 2nd Dist. Court of Appeal, drafted appeal of denial of motion to compel arbitration in putative wage hour class action with Private Attorneys General Act claims.

Publications

  • “Sick of Wondering: Guidance on Sick Pay for Commissioned Employees,” California Peculiarities Employment Law Blog, Seyfarth Shaw LLP (November 10, 2016)
  • "Ninth Circuit's Pro-PAGA Decision Is Not the Death Knell for Class Waivers in Arbitration Agreements," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (October 1, 2015)
  • Co-Author, "Managing the Two P’s: Profanity and Politics in the Workplace," California Peculiarities Employment Law Blog, Seyfarth Shaw LLP (October 23, 2014)
  • “States Offer a Smorgasbord of Meal and Rest Break Laws,” Employment Relations Today, Vol. 41.2 (Summer 2014)
  • Co-Author, "Don’t Be An Amateur: Are Your “Professionals” Properly Classified?" California Peculiarities Employment Law Blog, Seyfarth Shaw LLP (May 19, 2014)
  • Co-Author, "Most States Have Something to Say About Final Pay to Terminated Employees," State Regulations Update (2014)
  • Co-Author, "Understanding FINRA Panel Composition," Financial Services Employment Arbitration Q&A, Seyfarth Shaw LLP (February 14, 2014)
  • Co-Author, “Court Of Appeal Gives California Employers A Piece Of Its Mind,” One Minute Memo, Seyfarth Shaw LLP (April 10, 2013)
  • Federal Circuit Court of Appeals Contributor, ABA Annual Review of Developments in Business and Corporate Litigation, Employment Law chapter (2013)
  • “The Changing Face of Liberalism in Workplace Democracy: A Shift from Collective to Individual Rights,” Vermont Law Review, Vol. 36 (2011)
  • “The California Resale Royalty Act: Droit de [not so] Suite,” Hastings Constitutional Law Quarterly, Vol. 38 (2010)
  • “The Adam Walsh Act: Uncivil Commitment,”  Hastings Constitutional Law Quarterly, Vol. 37 (2009)