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Jennifer McDermott is an associate in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration Practice Group, the Wage and Hour Practice Group, and the Class and Collective Action Practice Group. Jennifer defends employers in a variety of labor and employment matters in both state and federal courts, including wage and hour single-plaintiff lawsuits and class, collective, and Private Attorneys General Act (PAGA) representative actions. In addition to her wage and hour work, Jennifer defends employers in single-plaintiff wrongful termination, discrimination, harassment, and retaliation cases, and in employment arbitrations. Jennifer is also a contributor to Proskauer’s California Employment Law Blog.

Jennifer received her B.A. from UCLA, where she graduated summa cum laude and was elected Phi Beta Kappa, and she earned her J.D. from UCLA School of Law. While in law school, Jennifer completed a judicial externship for the Honorable Richard A. Paez of the U.S. Court of Appeals for the 9th Circuit. She also served as a legal writing advisor to first-year students and worked as a legal advocate at the Lanterman Special Education Law Clinic. Jennifer received a Dean’s Merit Scholarship, the B. Epstein and C. Kim Tax Law Scholarship, and two Masin Family Academic Excellence Gold Awards for the highest grade in Legal Research & Writing and Disability Law.

Jennifer was selected to be a Protégée for Proskauer’s Women’s Sponsorship Program, an initiative for high-performing, midlevel associates that champions future leaders.  She was also selected to participate in Starbucks Diversity Mentorship Program and previously participated in Proskauer’s Mentorship Circle Program, both of which are programs designed to enhance the development of diverse associates.

Los Angeles has claimed the top spot on the American Tort Reform Foundation’s (ATRF) annual list of “Judicial Hellholes.”  The Report claims that “lawsuit abuse in Los Angeles . . . has propelled the jurisdiction to the very top of the list.”  According to the ATRF, the plaintiffs’ bar resorts to various litigation tactics that drive Los Angeles’ notorious nuclear verdicts (i.e., those exceeding $10

On October 12, 2025, Governor Gavin Newsom signed S.B. 294, the “Workplace Know Your Rights Act” (the “Act”).  In response to recent immigration enforcement actions, the Act aims to educate workers on their civil rights in the workplace. 

The Act sets forth two requirements. 

First, it requires California employers to provide a stand-alone written notice to new hires and current employees advising them of

In Kruitbosch v. Bakersfield Recovery Services, Inc., the California Court of Appeal—for the first time—addressed the issue of employer liability for harassment by a non-supervisory co-worker during non-working hours and off-premises conduct.

A coworker (Lisa Sanders) of plaintiff Steven Kruitbosch allegedly subjected him to crude sexual advances at his home and via his personal cell phone away from the premises of their employer, Bakersfield

On November 8, 2024, the California Privacy Protection Agency (CPPA) voted 4-1 to proceed with formal rulemaking regarding automated decision-making technology (“ADMT”), which the draft regulations define as “any technology that processes personal information and uses computation to execute a decision, replace human decisionmaking, or substantially facilitate human decisionmaking.”  If enacted, the regulations would impose sweeping requirements on employers who rely on assistance from artificial

As we previously reported, a Los Angeles jury awarded one of the largest verdicts in history in a sexual assault case in June 2024, doling out a massive $900 million verdict in favor of a plaintiff in a suit against billionaire Alkiviades David.  This week, however, a Los Angeles County Court found the damages award “shocked the conscience” and ordered the case to go

On June 27, 2024, by near-unanimous vote, the California Legislature passed two bills enacting much-needed reform to the Private Attorneys General Act (PAGA).  We previously reported on the legislative compromise last week, when the deal was first announced.

The most profound changes are contained in AB 2288, which amended Labor Code § 2699—the beating heart of PAGA.  AB 2288 makes several significant changes to the

In 2018, California’s statewide Fair Chance Act (“FCA”) went into effect, imposing limitations on employers’ consideration of applicants’ criminal records and requiring a fair chance process before a candidate’s offer was revoked.  A year earlier, the City of Los Angeles had enacted its own Fair Chance Initiative for Hiring, which imposed similar obligations on employers within the boundaries of the City.  Now, Los Angeles County

On March 25, 2024, the California Supreme Court issued its opinion in Huerta v. CSI Electrical Contractors, Case No. S275431, providing additional guidance on compensable “hours worked” under California law.  In a class action asserting wage claims on behalf of contractors at a construction site, the Supreme Court answered three questions certified by the Ninth Circuit as follows:

First, the Court held

As we previously reported, California recently enacted AB 1076, which reinforces the state’s broad statutory ban on noncompete agreements.  The law took effect on January 1, 2024, and expressly codifies Edwards v. Arthur Andersen LLP, 44 Cal. 4th 937 (2008), a California Supreme Court opinion barring any noncompete, no matter how narrowly tailored it may be.  The new law also affirms

The Ninth Circuit recently issued an opinion that signals some movement in the direction away from enforcing employment-related arbitration agreements.

In Miller v. Amazon.com, Case No. 2:21-cv-00204-BJR, the Ninth Circuit affirmed the district court’s order denying Amazon’s motion to compel arbitration in a case brought by Amazon Flex delivery drivers who made last-leg deliveries of goods shipped from other states or countries