Brooke B. Tabshouri practices in the area of employment and labor law. Ms. Tabshouri defends employers and management in all stages of single plaintiff and class action litigation, at state and federal level, against claims of harassment, discrimination, retaliation, wrongful termination, wage and hour violations and trade secrets theft.
Ms. Tabshouri has extensive experience counseling and advising clients in employment law issues, drafting employment policies and handbook, and providing employee training, including required harassment training for managers in California. She also has significant employment litigation experience, including jury trial experience.
Ms. Tabshouri is a 2011 graduate of Boston University School of Law and a graduate of the University of California, Davis. Prior to joining Duane Morris, she worked at a national labor and employment law firm, as an instructor at San Diego State University's human resources certificate program and as a research attorney for the Hon. Richard D. Huffman of the Fourth District Court of Appeal. Ms. Tabshouri is a member of the Sault Ste. Marie Tribe of Chippewa Indians of Sault Ste. Marie, Michigan, a federally-recognized tribe.
Areas of Practice
- Employment and Labor Law and Litigation
- U.S. District Court for the Southern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of California
- Boston University School of Law, J.D., 2011
- Legal Writing Fellow
- University of California, Davis, B.A. in English and International Relations, 2006
- Royal Holloway, University of London, 2004-2005
- Duane Morris LLP
- Associate, 2017-present
- Fisher & Phillips LLP
- Associate, 2012-2017
- San Diego State University
- Adjunct Instructor, "Human Resources Management and the Law," 2016-2017
- Guest Speaker, "Human Resources Management and the Law," 2013-2015
- California Court of Appeal, Fourth District, Division One
- Research Attorney & Judicial Extern for Justice Richard D. Huffman, 2011-2012
- Judicial Extern for Justice Richard D. Huffman, 2011
- San Diego HR Forum
- Director of Legal Education, 2018-present
- Board of Directors and Chair of Registration Committee, 2016-present
- Lawyers Club of San Diego, 2012-present
- San Diego Native American Lawyers Association
Honors and Awards
Listed in Super Lawyers Rising Stars, 2019 and 2020
- San Diego Daily Transcript Top Young Attorney for San Diego County, 2013 and 2014
- Represented and defended manufacturing client against a wage-hour audit brought by Department of Labor.
- Represented multiple employers before the Division of Labor Standards Enforcement in settlement conferences and hearings.
- Drafted position statements in defense of claims brought against employers by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the Division of Labor Standards Enforcement’s Retaliation Complaint Investigation Unit, resulting in a dismissal of claims by the agencies.
- Conducted investigations of harassment, discrimination, and retaliation and provided recommendations regarding appropriate corrective action.
- Conducted in-house training for clients in various industries, including mandatory sexual harassment training for supervisors in California, discipline and discharge procedures, wage and hour compliance, leave of absence administration and effective internal investigations.
- Represented multiple professional employer organizations against allegations of wage and hour violations under a theory of joint employer liability.
- Represented large manufacturing company in multi-million-dollar class action involving allegations of unpaid vacation time, unpaid wages, off-the-clock work, failure to properly calculate overtime compensation, and failure to provide meal and rest periods.
- Advised and counseled clients regarding options for compensating employees paid on a commission or productivity basis in compliance with state laws, including how to navigate and meet all requirements for California’s inside sales exemption.
- Obtained a defense verdict at trial on allegations of sexual harassment, discrimination, retaliation, and wrongful termination.
- Drafted compensation and commission agreements (including productivity bonus pay, commissions, and incentive pay) for employees across a wide variety of industries.
- Drafted employee handbooks, standalone policies, employee acknowledgements, employment applications, required employee notices, and employee onboarding and offboarding documents.
- Assisted clients in complying with alternate workweek election requirements, including drafting all required notices and ballots.
- Conducted labor and employment due diligence on international mergers and acquisitions.
- Provided training and instruction regarding calculation of rest break pay in compliance with the California Labor Code.
- Provided ongoing advice to clients regarding employee discipline, employee disputes over pay and enforcement of policies, and regarding high-risk and executive separations to avoid litigation and achieve business objectives.
- Successfully obtained a T visa for a transgender woman from Mexico who was a victim of sex trafficking.
- Co-author, "California Order Provides COVID-19 Supplemental Paid Sick Leave for Essential Food Workers and Tightens Sanitation Standards," Duane Morris Alert, April 21, 2020
- Quoted, "Attorneys Are Busy Persuading Authorities Their Clients' Business Is Essential," Los Angeles Daily Journal, April 17, 2020
- Co-author, "Coronavirus and the Workplace: A Quick Reference Guide for Employers," Duane Morris Alert, March 5, 2020
- Co-author, "The Ninth Circuit Has Spoken, Again: Salary History Cannot Be Used to Justify Pay Differentials," Duane Morris Alert, March 2, 2020
Co-author, "California is Doubling Down on the Dynamex Ruling Across the Board," Daily Journal, July 5, 2019
Co-Author, "Overtime and Bonuses: California Supreme Court Establishes Rule for Calculating Overtime with Wide-Ranging Impact," Duane Morris Alert, March 8, 2018
- Author, "California Supreme Court Holds Plaintiffs Can Seek Information on Other Employees at Outset of PAGA Litigation Without Showing Compelling Need," Duane Morris Alert, July 28, 2017
- Author, "Transgender Employees in the Sharing Economy," Fisher Phillips Gig Economy Blog, November 14, 2016
- Author, "Are Your Interns Really Employees?" Mondaq Business Briefing, September 2, 2014; San Diego Daily Transcript, July 29, 2014
Selected Speaking Engagements
- Speaker, "COVID19 Planning - Ramping Up vs. Flipping a Switch: Getting Back to Business as Usual?," Duane Morris Webinar, April 28, 2020
Presenter, "Intersecting California Leave Laws: What Employers Need to Know," Duane Morris Institute (DMi) Webinar, February 20, 2019
Speaker, "Next Generation of Human Resources 2018 Legal Update," Eastridge Workforce Solutions - HR Division, March 28, 2018
Presenter, "Intersecting California Leave Laws: What Employer's Need to Know," Duane Morris Institute (DMi) Webinar, March 13, 2018
- Speaker, "Risk Management-Is Your House in Order?" Duane Morris and BB&T Briefing, San Diego, October 12, 2017
- "California Workplace Investigations from Complaint to Closure: Step-by-Step Instructions for the HR Pro," BLR®—Business & Legal Resources, September 17, 2015
- "FMLA/CFRA Master Class: Meeting FMLA/CFRA Deadlines, Curbing Abuse, and Preventing Claims," BLR®—Business & Legal Resources, May 12, 2015
- "FMLA Abuse," Clear Law Institute, November 5, 2014
- "Taking the Bully By the Horns: Understanding and Preventing Workplace Bullying," BLR®—Business & Legal Resources, October 29, 2014
- "When It's Just Not Working Out: Employee Discipline and Terminations" Clear Law Institute, August 18, 2014
- "FMLA Abuse," Webinar Presenter, Clear Law Institute, August 7, 2014
- "Paying Interns and Seasonal Employees," Clear Law Institute, June 23, 2014
- "CFRA/FMLA Abuse: How to Identify and Legally Prevent Employees From Working the System," BLR®—Business & Legal Resources, June 18, 2014
- "Paying Interns and Seasonal Employees: How to Ace your Federal Wage and Hour Obligations," BLR®—Business & Legal Resources, May 8, 2014