Suite 800
San Francisco, California 94111-6533
United States
Tracy Thompson has over three decades of experience representing employers in all areas of labor and employment law. She has significant experience in handling wage and hour class actions in both state and federal court. Tracy has successfully defeated class certification, as well as prevailed on motions to dismiss and for summary judgment, in a number of the class actions she has handled. Her wage and hour class action experience includes claims for misclassification; meal and rest breaks; off the clock; vacation pay; security bag checks; uniforms; forced patronage and claims for indemnity; and claims under the California Private Attorneys General Act. Tracy represented the employer in Kullar v. Foot Locker Retail, Inc., a seminal case which clarified the criteria to be used by the trial court in determining the fairness of a class action settlement under California law.
Tracy also defends employers against claims of discrimination, harassment, and wrongful termination in single and multi-plaintiff actions, and has successfully taken a number of cases to trial in both state and federal court as well as defended employers in private arbitrations. In addition, Tracy represents clients in traditional labor law matters and labor arbitrations, and has also handled numerous matters before Cal-OSHA.
Job Types | Partner |
Areas of Practice | 1) Employment, 2) Labor & Benefits, 3) Employment Counseling, 4) Employment Class Actions, 5) Employment Litigation and 6) California Employment Group |
Law School | University of Virginia School of Law (J.D.,1979) |
Education | Mount Holyoke College (M.P.A.,1990);Mount Holyoke College (A.B.,1974) |
Bar Member / Association | California State Bar Association,New York State Bar Association,District of Columbia State Bar Association |
Most recent firm | Davis Wright Tremaine LLP |
Ms. Fitzgerald represents employers in a wide range of industries, including the entertainment, financial services, hospitality, manufacturing, retail, and transportation industries.