Jessica R. Perry

is an employment law and litigation partner in the Silicon Valley office and serves as Deputy Leader of the firm's Litigation Business Unit. Jessica also serves as the Recruiting Partner for the Silicon Valley office.

Orrick’s Employment Law and Litigation group was recently named Labor & Employment Department of the Year in California by The Recorder, the premier source for legal news, in recognition of their significant wins on behalf of leading multinational companies on today’s most complex and challenging employment law matters.

Jessica has defended numerous class actions, collective actions, representative actions and multi-plaintiff actions under state and federal laws, including claims for overtime, minimum wage, vacation and personal days, meal and rest break penalties, reporting time wages, expense reimbursements, waiting-time penalties, Private Attorney General Act penalties, work uniform violations, discrimination, harassment and retaliation. Jessica has also successfully represented clients involved in investigations and audits by the Department of Labor and the California Division of Labor Standards Enforcement, and she assists clients in developing compensation policies and compliance measures designed to reduce potential exposure.

The following are some of Jessica’s wage-and-hour representations:

Fortune 100 Technology Company. Defeated class certification in a wage-and-hour class action alleging off-the-clock work by customer support agents; defeated class certification and won motion to deny certification in a wage-and-hour class action alleging rest break violations in client's retail stores.
Electronic Arts. Defended California class actions and Florida collective action challenging the exempt status of computer graphic artists and engineers.
Roche Laboratories. Obtained summary judgment and defeated class certification in a wage-and-hour class action challenging the exempt status of pharmaceutical representatives.
Morgan Stanley. Obtained summary judgment and defeated class certification in wage-and-hour class action alleging compelled patronage in violation of California law and various Labor Code claims; won motion to dismiss in wage-and-hour class action alleging compelled patronage in violation of California law; defeated class certification in wage-and-hour class action challenging the exempt status of financial advisors, business expenses reimbursement practices, and sign on payment practices and certain non-solicit provisions.
Gap. Defeated class certification in a wage-and-hour class action alleging compelled patronage and wage deductions under New York law.
Old Navy. Defeated class certification in a wage-and-hour class action challenging the exempt status of managers.
Banana Republic. Defeated class certification in a wage-and-hour class action challenging the exempt status of managers.
Pottery Barn Kids. Defeated class certification in a wage-and-hour class action challenging the exempt status of managers, meal and rest break violations, and waiting time penalties.
Gymboree. Defeated collective certification in FLSA case in Florida challenging the exempt status of managers; obtained summary judgment on the exempt status of a retail manager.

Jessica also regularly represents employers on discrimination, harassment and retaliation claims. Some of Jessica’s recent engagements involving these claims include the following:

Fortune 100 Technology Company. Obtained summary judgment on gender and medical condition discrimination, harassment and retaliation claims brought by senior female sales manager.
Fortune 100 Technology Company. Obtained summary judgment and sanctions under Federal Rule of Civil Procedure 11 on discrimination, harassment, Equal Pay Act and other tort claims.
Advanced Micro Devices. Won a defense verdict in the high profile race and religious discrimination case Maghribi v. AMD.