Laura Fleming

Of Counsel

Payne & Fears LLP

Laura Fleming

Jamboree Center

4 Park Plaza, Suite 1100

Irvine, CA 92614

T: 949.797.1221

F: 949.851.1212

Email: lf [at] paynefears.com

Website: www.paynefears.com

Irvine

949.797.1221

949.851.1212

lf@paynefears.com

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Biography

Laura Fleming is part of our Employment Law Group at Payne & Fears LLP. She is an experienced litigator, defending single-plaintiff and class action matters for a broad range of clients, from start-ups to Fortune 100 corporations. Laura also advises corporate counsel and human resources professionals on how to avoid litigation and comply with employment regulation. In addition, her practice includes union arbitrations and negotiations, employment agreements, internal investigations, and responding to charges filed with the NLRB, EEOC, DFEH, DLSE and other government agencies. Drawing from her expertise as a litigator, Laura is available to serve as mediator in employment and business disputes.

Laura is a frequent speaker and author on human resources and employment law issues. She also provides employment law support to Southern California executives in transition. From 2011 – 2012, Laura served as Co-Chair of the Orange County Bar Association Labor & Employment Section.

Recent Successes

2018

Won Five-Year Battle on Behalf of Client Medway Plastics Corporation

Payne & Fears LLP won a five-year battle on behalf of client Medway Plastics Corporation, ending with the California Court of Appeal upholding dismissals by the arbitrator and trial court.

Two former employees of Medway filed their complaint in 2013. We moved swiftly to compel arbitration, which the trial court denied. We appealed, and the Court of Appeal agreed with us and ordered arbitration.

When Plaintiffs waited more than a year to file their complaint in arbitration, we moved to dismiss their claims as untimely. This argument was accepted by the...

2014

Obtained Summary Judgment in Discrimination Case

Payne & Fears LLP prevailed in obtaining a summary judgment for its client in Jefferson v. Boeing. The plaintiff was a long term engineer who was involuntarily reclassified and then terminated because he ranked lowest in his new classification.

2009

Won Jury Trial in Race Discrimination Lawsuit

Payne & Fears LLP obtained a defense verdict for a manufacturing client on claims for racial discrimination, racial harassment and retaliation in a jury trial in San Bernardino County Superior Court. The plaintiff was a 19-year employee whose employment was terminated for two safety violations in a short period of time. He alleged that his safety violations were fabricated by his Supervisor in order to arrange his termination, motivated by the Supervisor's bias against him on the basis of his race (African-American) and age (over 65). He also accused his...

2008

Published Ninth Circuit Victory for Employer in Discrimination Suit

In January 2006, Payne & Fears LLP obtained a complete dismissal of a discrimination suit brought against its client, a local hospital, in U.S. District Court for the Central District of California. The plaintiff, a surgeon formerly under contract with the hospital, claimed race, disability and sexual orientation discrimination by the hospital and other entity and individual defendants. After the dismissal of his case in District Court, the plaintiff filed an appeal with the Ninth Circuit. On appeal, Payne & Fears LLP argued that (1) the plaintiff failed to...

2008

Won Whistleblower Suit for Aerospace Manufacturer

Payne & Fears LLP obtained summary judgment on behalf of its client, a major aerospace manufacturer, with regard to a purported whistleblower suit brought in Orange County Superior Court and removed to the U.S. District Court for the Central District of California. The plaintiff, a former employee and registered nurse, claimed that she had been terminated in retaliation for her complaints about other employees who allegedly failed to appear for their scheduled health exams according to company policy. Payne & Fears LLP obtained summary judgment based upon the plaintiff'...

2007

Won Disability Discrimination Suit for Southern California Theme Park

Payne & Fears LLP obtained summary judgment on behalf of its client, a major Southern California theme park, with regard to a disability discrimination/retaliation suit brought in Orange County Superior Court and removed to U.S. District Court for the Central District of California. The plaintiff, a former employee, alleged that she had been wrongfully demoted when she was not offered an identical secretarial position upon her return from an extended leave of absence. Payne & Fears LLP obtained summary judgment based upon the plaintiff's admissions at deposition,...

2005

Jury Verdict in Significant Sex Discrimination Case

Following an eight-week jury trial of a high-stakes glass ceiling sex discrimination case, the jury returned a complete defense verdict in favor of Payne & Fears LLP’s client, Toshiba America Information Systems, Inc. ("TAIS"). The plaintiff, a former national sales vice president, alleged that TAIS, a maker of sophisticated laptop computers, failed to promote her to the highest executive levels of the company due to her sex. In addition, the plaintiff pointed to an alleged under-representation of women at the top executive level as evidence of a general atmosphere of...

Insights

2018

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

9 FAQs About De Minimis Doctrine After Troester v. Starbucks, Law360 (Oct 2018)

2006

Remedial Human Resources for Small Businesses - A Comprehensive Introductory Survey Primer for Employers

Remedial Human Resources for Small Businesses - A Comprehensive Introductory Survey Primer for Employers , (Feb 2006)

Practice Areas

Labor and Employment Litigation

Wage-and-Hour Litigation

Employment Advice & Counseling

Bar Admissions

State of California
U.S. District Court for the Central District of California

Professional Awards and Recognitions

Named to Southern California Rising Stars list by Los Angeles magazine in 2007, 2008 and 2012

Education

Mediation Certificate, Pepperdine Law School, 2013
J.D., cum laude, Harvard Law School, 1997
B.A., Linguistics, cum laude, Harvard College, 1993

Publications

“Ask the Job Expert,” OC Register, 2011 – present. Regular Contributor.
“New Legislation Affecting California Employees,” OC Lawyer, March 2013.
“Employee Use of Social Media,” Smart Business, August 2012.
“Staying out of Court,” Smart Business, June 2012.
“A Primer on Electronic Employment Verification (E-Verify),” OC Lawyer, March 2011.
“Employment of Minors,” California Wage and Hour Law (CEB), 2010 - 2013.

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Laura Fleming

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