プロフィール
Ashley M. Farrell Pickett defends companies in complex employment class and representative litigation in both state and federal courts throughout the country. She has deep experience representing large and small employers alike at all stages of high stakes litigation—from pre-trial demands through trial or arbitration, settlement, and on appeal.
Ashley has litigated a wide range of employment claims facing companies, including wage and hour compliance, discrimination, retaliation, sexual harassment, leaves of absence, employee accommodations, personnel policies, and employment agreements. She is also skilled in advising employers on various issues to ensure compliance and avoid potentially costly litigation before it can arise.
Concentrations
- Employment litigation (both state and federal courts)
- Class action defense
- Employment and labor counseling and compliance
取扱分野
実績紹介
- Fortune 50 Retailer
- Represented Appellant before a federal circuit and obtained holding that the district court exceeded its statutory authority in remanding sua sponte based on a non-jurisdictional defect, and that defendant’s response to state court pleading did not waive its right to remove the action to federal court. Kenny v. Wal-Mart Stores, Inc., 2018 WL 650998. Link to appellate argument: https://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000012840
- Roth v. CHA Hollywood Medical Center, L.P., 720 F.3d 1121 (9th Cir. June 27, 2013), Case No. 13-55771.
- Represented Appellant in case of first impression before a federal circuit concerning federal court’s removal jurisdiction under 28 U.S.C. sections 1441 and 1446, which reversed decades of lower court decisions and held that a defendant may remove based on facts uncovered through its own investigation.
- King v. Great American Chicken Corp., Inc. 903 F.3d 875 (9th Cir. 2018)
- Represented Appellant before a federal circuit and obtained holding that a plaintiff does not establish the “local controversy” exception to federal jurisdiction under the Class Action Fairness Act by proving that more than two-thirds of the putative class were residents of the forum state and were employed in the forum state during the class period, as the legal standard is whether two-third are “citizens” of the forum state – a multi-factored subjective inquiry. Had the district court decision been affirmed, effectively no employment class action could be removed to federal court, as an employment class is almost universally defined as persons who worked, and resided, in the forum state.
- Large media company obtains complete defense judgment
- Complete defense judgment via summary judgment briefing in arbitration on behalf of a large media company in an action brought by former employee alleging racial discrimination, retaliation, and wrongful termination, among other claims: Ivery v. Netflix, Inc. et al.
- California cardroom obtains defense award on all causes of action
- Total defense verdict following week long arbitration in an FMLA/CFRA leave and disability discrimination action filed by a former long-term employee. Verdict was supported by success in obtaining impeachment testimony and novel legal argument briefing: Bernardi v. California Commerce Club.
- National Restaurant Chain obtains complete defense verdict in federal jury
- Seven-day jury trial resulted in a total defense verdict in case involving claims of harassment and discrimination (sexual orientation and gender), failure to prevent harassment, constructive discharge, wrongful termination, and intentional infliction of emotional distress.
- Global travel retailer and restauranteur defeats individual claims at pleading stage
- Obtained dismissal of all claims without leave to amend at the pleading stage, including claims alleging retaliation, discrimination, wrongful termination, and sexual harassment. Vizcaino v. Areas, USA Inc., 2015 WL 13573816 (C.D. Cal. Apr. 17, 2015)
- Successfully obtained dismissal with prejudice of PAGA representative action. Compelled plaintiff’s individual wage and hour claims to arbitration. In arbitration, secured dismissal of all Counts with prejudice following multiple rounds of strategic discovery and pleading challenges. Judgment was then entered in favor of client in Superior Court and plaintiff’s PAGA representative claim was dismissed with prejudice due to lack of standing.
- National medical provider successfully defends former executive’s whistleblower and wrongful termination claims
- Successfully defended against whistleblower and wrongful termination action brought by former company executive.
- Successfully represented of one of the largest clinical laboratory networks in the world
- Successfully defended client in two-plaintiff case involving allegations of discrimination, defamation and unfair competition.
- Defense of Cryogenic Freezing Business against claims of senior officers
- Successful defense of sexual harassment and gender discrimination claims. Successfully defense against whistleblower and wrongful termination action.
- Defense of large national entertainment and booking company
- Obtained dismissal with prejudice after successfully pleading challenges. Successful defense of age discrimination and wrongful termination claims; favorable settlement.
- Ongoing defense of California and Nationwide class and collective actions on behalf of Abercrombie & Fitch family of companies in multiple putative class actions
- Ongoing defense in putative California class and nationwide collective action seeking unpaid wages under California law and the FLSA premised on the core contention that employees were not properly compensated for pre-shift activities involving whether the employee should report for work and finding shift replacements.
- Ongoing defense in putative California class action alleging claims for unpaid reporting time pay, failure to pay wages at termination, failure issue compliant wage statements, and violations of California’s Unfair Competition Law.
- Ongoing defense in putative California class action alleging claims for unpaid reporting time pay, failure to pay wages at termination, failure to issue compliant wage statements, and violations of California’s Unfair Competition Law.
- Took over as counsel post- class certification of 66,000 class members—all non-exempt, store associates in California— asserting unreimbursed business expenses for “uniforms,” forced patronage, and a series of derivative claims under the California Labor Code, California’s Unfair Competition Law, and PAGA.
- Took over as counsel in nationwide (excluding California) FLSA putative collective action of non-exempt store associates alleging minimum wage violations stemming from unreimbursed business expenses for “uniforms,” as well as derivative state law claims under Massachusetts, New York, and Florida law.
- Fortune50 Retailer. USDC Southern Case No. 3:13-cv-01919-MMA, 2014 WL 12570905 (S.D. Cal. Apr. 21, 2014)
- Putative class action, privacy issues relating to employee drug testing. Entire action, including class allegations, dismissed at the pleading stage without leave to amend.
- Medical center successfully avoids remand to state court
- Argued that establishing that 2/3 of the class are California residents does not establish that 2/3 of the class are California citizens under the Local Controversy exception to CAFA. Obtained complete denial of class certification in published decision. Roth, et al. v. Hollywood Presbyterian Medical Center, et al., 2013 WL 5775129 (C.D. Cal. Oct. 25, 2013).
- National fitness chain successfully avoids federal claims previously settled under state law theories
- Hybrid action alleging panoply of state and federal FLSA wage hour claims. Obtained voluntary dismissal with prejudice after successfully arguing that previous settlement of state law claims on an opt-out class basis also released the federal FLSA claims pled here (on an opt-in basis).
- Wendy's Restaurant Group obtains dismissal of class allegations and claims
- Successfully defended against putative class brought by current and former exempt employees seeking unpaid wages, and civil and statutory penalties for alleged wage and hour violations; obtained dismissal of class and dismissal of representative PAGA claim on ground that the "notice" provided to the State was insufficient notice to exhaust the preconditions to filing suit, and ruling of first impression that Labor Code section 1174 does not create a private right of action.
- National Food Chain successfully defends against putative class of 9,000 in wage/hour action
- After obtaining repeat orders on pleadings dismissing of individual and class claims, obtained preliminary approval of very favorable settlement with class-wide release of all related claims, including collective action claims under FLSA.
- National Food Chain successfully defends against putative class action alleging misclassification
- Successfully defended against putative class brought by current and former exempt employees for alleged wage and hour violations based on misclassification claims. Obtained favorable settlement on individual basis after denial of class certification.
- National Marine Retailer defeats class and individual claims
- Hybrid action alleging panoply of state and federal FLSA wage hour claims. Courts holds PAGA action cannot proceed in federal court absent class certification. Taylor v. W. Marine Products, Inc., No. C 13-04916 WHA, 2014 WL 1248162, at *2-3 (N.D. Cal. Mar. 26, 2014). Motion to certify class denied. Remaining action settled on very favorable terms shortly thereafter.
- KinderCare defeats pay card class action in its entirety at the pleading stage
- Panoply of claims pertaining to use of pay cards in lieu of live checks/direct deposit. Obtained dismissal of entire action on second motion to dismiss/strike. Judgment entered in favor of client.
- National Restaurant Chain defeats pay card class action
- Panoply of claims pertaining to use of pay cards in lieu of live checks/direct deposit. Entire action dismissed with prejudice.
- Successful defense of large logistics/trucking company on employee and independent contractor claims
- Defeated and/or settlement panoply of wage/hour claims brought by employees and independent contractor in multiple putative class action lawsuits.
- Successful defense of large retailer in reimbursement claims brought on behalf of putative class
- Wage hour claims arising from alleged failure to reimburse for mileage. Settled on class wide basis after partial grant of demurrers.
- Successful defense one of the largest clinical laboratory on wage hour class action
- Defeated class certification of wage-and-hour claims and obtained class wide release on very favorable terms. Handled and resolved on very favorable terms two class actions brought by current and former exempt employees seeking unpaid wages, and civil and statutory penalties for alleged wage and hour violations.
- National health club chain successfully defends against wage/hour class action
- Successfully defended against putative class action seeking unpaid wages, and civil and statutory penalties for alleged wage and hour violations.
- National fitness chain successfully obtains opt-in settlement for state and FLSA wage hour claims:
- Panoply of wage hour claims. Settled on class wide basis at mediation. Argued that the state law claim opt-out class (persons are bound unless they opt out) released unpled federal FLSA claims (persons are bound only if they opt in) on the same facts.
受賞歴・所属団体
- Listed, Benchmark Litigation, "Future Star," 2024
- Listed, Thomson Reuters, "Stand-Out Lawyers," 2024
- Listed, The Recorder, “California Legal Awards: Lawyers on the Fast Track,” 2023
- Listed, Law360, “Rising Stars: Employment,” 2022
- Listed, Super Lawyers magazine, Southern California Super Lawyers, “Rising Stars,” 2013-2024
- Top Women Attorneys in Southern California, “Rising Stars,” 2019
- Listed, The Legal 500 United States, Labor and Employment - Labor and Employment Disputes (Including Collective Actions) - Defense, 2019
- Listed, Daily Journal, “Top 40 Under 40,” 2019
- Team Member, a Law360 “Employment Practice Group of the Year,” 2013
- Associate Board Member, Covenant House
- Member, American Bar Association
- Member, Century City Bar Association
学歴・資格・言語
学歴
- 法務博士, Loyola Law School, Los Angeles
- M.B.A., Loyola Law School, Los Angeles
- B.B.A., Loyola Marymount University
弁護士資格
- カリフォルニア州
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California