Gabrielle Wirth
PEOPLE

Gabrielle Wirth

Partner
wirth.gabrielle@dorsey.com

Overview

Employers turn to Gabrielle for guidance as to how they can comply with the technical employment laws in California, Montana and nationwide while meeting their business needs. 

Gabrielle’s successful trial experience in a broad range of employment disputes including wage and hour, whistleblower, wrongful termination, discrimination, harassment, retaliation, ADA accessibility, breach of contract, and trade secret/noncompetition cases and her work with the corporate team on acquisitions and startups equip her to nimbly assess and provide legally compliant options, whether in the counseling or litigation defense role. She also represents employers before a wide variety of state and federal agencies including the EEOC, OFCCP, state human rights agencies, the Labor Commission, the Employment Development Department and OSHA.

Gabrielle is often requested to speak on a broad range of employment issues for a wide variety of corporate counsel and human resource organizations. She is a longstanding member of the Orange County Women’s Philanthropy Fund and an avid supporter of a variety of philanthropic causes in California and Montana. She is currently the head of the Montana Labor & Employment department and supports the Southern California office at Dorsey.

Education & Admissions

University of California, Davis School of Law (J.D., 1982)

University of California, Berkeley (A.B., 1978)

Admissions

  • California
  • Montana
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Northern, Central, Southern and Eastern Districts of California

Experience

Representative Work


Recent Employment Trials
  • Defended employer against claims for wrongful termination, fraud, whistleblower claims, race discrimination, retaliation and breach of implied contract.  Prevailed in a two-week jury trial on all claims except fraud which was ruled a mistrial due to plaintiff’s erroneous jury instruction.
  • Defended employer in a pregnancy and sex discrimination claim and claim for breach of contract.  Prevailed in a three-week jury trial on pregnancy and sex discrimination claim, plaintiff recovered six months' pay on contract claim.
Class Actions
  • Court granted motion to strike class action allegations in this class action alleging violation of California’s meal and break regulations.
  • Court denied plaintiffs’ motion for class certification in a manager/assistant manager misclassification class action.  The individual claims settled on a favorable basis thereafter.
  • Court granted motion to strike class action allegations alleging violations of California’s meal and rest break regulations.
Administrative Trials
  • Obtained reversal of substantial assessments for employment taxes finding individuals to be employees instead of independent contractors.
Representative Summary Judgments
  • Obtained summary judgment on claims for wrongful termination in violation of public policy; invasion of privacy; sex and race discrimination.
  • Obtained summary judgment against claims for wrongful termination in violation of public policy (whistleblowing), breach of implied contract and other claims.
  • Obtained summary judgment in multi-plaintiff wage and hour, sex discrimination and whistleblower claims.
  • Obtained summary judgment on claims of wrongful termination, sexual harassment, retaliation and breach of contract.
  • Obtained summary judgments on claims of wrongful termination, retaliation, race discrimination and breach of contract.

News & Resources

Articles

California Governor Gavin Newsom Signs Update to State’s Pay Transparency Law, Setting Out New Pay Disclosure Requirements
Unlimited PTO in California – Is This Actually a Good Idea to Retain Employees?
Will Employers Have More Obligations Beyond the CCPA if these California Privacy Bills Pass?
Ninth Circuit Asks Montana Supreme Court for Guidance: Is an Employer Defending Itself in a Wrongful Discharge Lawsuit Limited to the Reasons for Termination Given in a Discharge Letter?
How Large Employers Can Prepare for CCPA/CPRA Obligations for “HR Data” in 2022
How Large Employers Can Prepare for CCPA/CPRA Obligations for “HR Data” in 2022
Biden Administration Announces Broad Employer-Based Vaccination Requirements
New Texas Law Expands Liability for Sexual Harassment Claims
Missed Meal Period Penalty Must Include Adjustment for Nondiscretionary Payments
Vaccine Status is a Protected Trait in Montana
Companies Consider Transparent Face Masks as an ADA Accommodation During Pandemic
California Supreme Court Finds that Dynamex Decision Regarding the Standard for Worker Classification Applies Retroactively
California Qualified Employers May Receive Tax Credit Boost for New Hires
Mandating COVID-19 Vaccinations in the Workplace: Practical Considerations for Employers
Job-Protected Leave Under the California Family Rights Act Expands to Apply to Employers with Five or More Employees Effective January 1, 2021
Five FAQs: Paid Sick Leave for COVID-19-Qualifying Reasons Available to All California Employees Under New Law
Montana Supreme Court Upholds $2.3 Million Judgment Against Former Employees Subject to Restrictive Covenant
California Cities and Counties Issue Orders and Recommendations on Use of Face Coverings in the Workplace
In Remarkable Reversal, California Supreme Court Takes a Broad View of Standing Under PAGA
California Supreme Court Rules that Employees Must be Paid During Mandatory Security Searches
Court Temporarily Halts California’s New Ban on Mandatory Employment Arbitration Agreements
Five FAQs on California’s New Ban on Mandatory Arbitration Agreements
Five FAQs on California’s New Ban on Mandatory Arbitration Agreements
What Do Employers Need to Know Following the Passage of California’s New Law on Independent Contractor Misclassification?
FAQs for Employers Following the Passage of California’s New Law on Independent Contractor Misclassification

News & Press Mentions

200 Dorsey Lawyers Selected for Inclusion in 2024 Best Lawyers in America, Lawyers of the Year, and Ones to Watch
Super Lawyers Recognizes Dorsey Partner Gabrielle Wirth
Super Lawyers Women’s Edition Recognizes Dorsey Partner Gabrielle Wirth
13 Dorsey Lawyers Selected for Inclusion in 2021 The Best Lawyers in America Employment Law Issue
COVID Has Put Attorneys Litigation Hot Seat
Dorsey Partner Gabrielle Wirth Discusses COVID Employment Litigation
Super Lawyers Recognizes Dorsey Partner Gabrielle Wirth
Dorsey Partner Gabrielle Wirth Comments on Possible Employee COVID-19 Lawsuits
Super Lawyers Recognizes Dorsey Partner Gabrielle Wirth
Super Lawyers Recognizes Dorsey Attorneys in Costa Mesa
Super Lawyers Recognizes Dorsey Partner Gabrielle Wirth
Dorsey’s Southern California Lawyers Selected for Inclusion in The Best Lawyers in America 2019
Super Lawyers Recognizes Dorsey Partner Gabrielle Wirth
Dorsey Partner Gabrielle Wirth Comments on Gig Worker vs Employees
Dorsey’s Southern California Lawyers Selected for Inclusion in The Best Lawyers in America 2018
Super Lawyers Recognizes Dorsey Partner Gabrielle Wirth
Dorsey’s Southern California Lawyers Selected for Inclusion in The Best Lawyers in America 2017
Super Lawyers Recognizes Dorsey Attorneys Gabrielle Wirth and Jason Wisniewski
Dorsey’s Costa Mesa Lawyers Selected for Inclusion in The Best Lawyers in America® 2016
Dorsey Partner Gabrielle Wirth Discusses Distinction Between Employee and Contractor
Super Lawyers Recognizes 4 Dorsey Lawyers in Costa Mesa

Events & Speaking Engagements

Webinar Playback: L&E Briefing: How to Avoid Landmines in Onboarding & Terminating California Employees
Webinar Playback: President Biden’s Mandatory Vaccination Executive Order: What We Know and What We Don’t Know
Webinar Playback: Bank Counsel Roundtable: Go West: Expanding Your Bank into California
Webinar Playback: Labor and Employment 2021 Symposium
Labor & Employment – A Year in Review: Preparing for 2019
Labor & Employment – A Year in Review: Preparing for 2018
SoCal Dorsey Labor & Employment Seminar: Employment in the Digital Age
Business Law and Beyond: Legal Experts on Growing, Financing, and Protecting Businesses in Montana
"A Year in Review: Preparing for 2017," Dorsey Labor & Employment Half Day Event
2016 Update on Non-Compete Agreements, Trade Secrets and More: What Your Company Needs to Know to Protect its Employees and Confidential Information
Labor & Employment Breakfast Briefing - Stop Me if You’ve Heard This One Before: New Twists on Disability and Religious Accommodation Requests
2016 Labor & Employment Sexual Harassment Training
Denver Labor & Employment Half Day Event - A Year in Review: Preparing for 2016
Labor & Employment Half Day Event - A Year in Review: Preparing for 2016
Labor and Employment Half Day Event - A Year in Review: Preparing for 2016
Montana Intellectual Property and Corporate Roadshow
Missoula L&E Seminar: How to Effectively Manage Employees Without Letting the Threat of Litigation Manage Your Business
Denver L&E Seminar: How to Effectively Manage Employees Without Letting the Threat of Litigation Manage Your Business
L&E Seminar: How to Effectively Manage Employees Without Letting the Threat of Litigation Manage Your Business
Watch Your Step! Minimizing Risk During the Onboarding Process
Watch Your Step! Minimizing Risk During the Onboarding Process
California Labor & Employment Law Mid-Year Update
Dorsey Presents: Labor & Employment Seminar - Internal Investigations (Southern California)
Dorsey Presents: California's Mandatory Workplace Harassment Prevention Training for Managers and Supervisors
Labor and Employment Seminar: Breakfast Briefing - When The Government Comes Knocking

Select Presentations

  • Speaker, Staying Ahead: Leaves of Absence and Disability Accommodations – Navigating Sticky Scenarios from Medical Marijuana to “Emotional Support” Animals and More, Costa Mesa, CA, May 22, 2019
  • Speaker, Salary History and Pay Equity, Professionals in Human Resources Association, La Jolla, CA, January 30, 2019
  • Speaker, Salary History and Pay Equity, Professionals in Human Resources Association, Burbank, CA, January 22, 2019
  • Speaker, Salary History and Pay Equity, Professionals in Human Resources Association, Riverside, CA, January 16, 2019
  • Speaker, Salary History and Pay Equity, Professionals in Human Resources Association, Anaheim, CA, January 10, 2019
  • 2014 Midwest Intellectual Property Institute: Employee Postings on Social Media: An Employment Lawyer’s Cautionary Tales for the IP Attorney. September 19, 2014
  • Association for Corporate Growth: Employment Details Often Forgotten in Spin-Off Opportunities. August 7, 2014 
  • Minnesota Continuing Legal Education: Upper Midwest Employment Law Institute: New California Wage and Hour Challenges. May 20, 2014

Industries & Practices

  • Banking & Financial Institutions
  • Class Action Litigation
  • Cooperative Law
  • Food, Beverage & Agribusiness
  • Healthcare & Life Sciences
  • Indian & Alaska Native
  • Insurance Law
  • Labor & Employment
  • Mergers & Acquisitions
  • Oil & Gas
  • Sustainability

Professional & Civic

Professional Achievements

  • Member, California Society for Healthcare Attorneys
  • Member, John Muir Heritage Society, Yosemite Conservancy
  • Member and Breakfast Committee, Orange County United Way Women’s Philanthropy Fund
  • Alexis de Tocqueville Society, Orange County United Way

Accolades

  • Listed in Best Lawyers in America©, Employment Law - Management, Labor Law - Management, 2007-2024
  • Listed as a Southern California Super Lawyer, 2010-2013 and 2016-2022

    Pro Bono 50 Hours 2022

  • Contributed more than 50+ Challenge pro bono hours, 2022
  • Listed in Best Lawyers in America Employment Law Issue, 2021
  • Listed as a Southern California Super Lawyers Women’s Edition, 2021
  • Orange County Women in Business, Nominee, 2009-2013
Gabrielle Wirth