Gabrielle Wirth
PEOPLE

Gabrielle Wirth

Partner
[email protected]

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, 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 Southern California and Montana Labor & Employment departments 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

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 Employer’s 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
Weed & Work: As Legalization Spreads, So Does Uncertainty Over Employers’ Duty to Accommodate Marijuana Use
Multistate Non-solicitation Agreements: Does One Size Fit All?
Ninth Circuit Weighs in on California De Minimis Standard, Finding that Troester Requires Compensation for Even “Seconds” of Time Worked on a Regular Basis
California Governor Signs Spate of #MeToo Era Bills Into Law
Which Provisions of California’s So-Called ‘Sanctuary State’ Legislation Affecting Employers are Currently in Effect?
California High Court Confirms Written Authorization Required For Most Employer Background Checks
California High Court Rejects De Minimis Standard, Requiring Employers to Account for and Compensate Even Small Increments of Time After Clocking Out
When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures
EEOC Updates Its National Origin Discrimination Guidance
Spokeo Set to Resolve Lingering Questions Over Constitutional Standing
Wine and Beer Law, Chapter: Top Ten Pit-Falls in Brewery and Winery Acquisitions
It Is Now Easier To Draft Class Action Waivers and Arbitration Agreements
Ninth Circuit Reinforces that Arbitration Agreements Will be Enforced
Healthcare Companies Should Check Their Confidentiality Agreements Before the Whistle Blows, Orange County Business Journal

News & Press Mentions

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

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
  • 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©, 2007-2021
  • Listed as a Southern California Super Lawyer, 2010-2013 and 2017-2020
  • Orange County Women in Business, Nominee, 2009-2013
Gabrielle Wirth