- J.D., Southwestern University, 2006
- B.A., Boston University, 2001
- U.S. District Court (Central, Eastern, Southern, & Northern Districts)
Marlene Nicolas is a partner in the Labor and Employment Group in the firm's Los Angeles Office.
"I take great care to understand my clients, their business objectives, as well as their motivations, and then I develop a compliance or litigation strategy that facilitates their interests, while working to minimize employment risk or liability."
Ms. Nicolas is a true advocate for her clients, demonstrating a unique ability to connect and inspire complete confidence in her counsel. From a family of small-business entrepreneurs, Ms. Nicolas has a heightened appreciation for the importance of understanding her clients’ business operations and the motivations behind her clients’ actions. Her effectiveness comes, in part, from the ease at which she engages with executives, managers, and line workers alike. Yet, Ms. Nicolas has a distinct reputation for aggressively defending her clients, proving herself tenacious and unyielding in advancing her clients’ interests.
Ms. Nicolas' clients range from Fortune 100 corporations to family-run small businesses. She has gained particular insight into the compliance issues faced by technology companies, start-ups, and hyper-growth companies. In addition, Ms. Nicolas has represented numerous service and retail businesses, healthcare entities, and public employers.
Ms. Nicolas counsels employers on employment law compliance and risk mitigation, as well as providing a vigorous defense against legal claims arising under state and federal law, including the Labor Code, the FEHA, the CFRA, the FLSA, Title VII, the FMLA, the ADA, and the ADEA. As a seasoned litigator, she has managed cases involving claims for labor code violations, wrongful termination, discrimination & harassment, retaliation, whistle-blower actions, wage & hour violations, and unfair competition. Ms. Nicolas has counseled clients on the interactive process & reasonable accommodations, personnel policies, discipline & termination procedures, alternative workweek schedules, overtime exemption classifications, pay practices, and many other wage & hour compliance matters.
- Southern California Rising Star, Super Lawyers, 2014-2016
- Southwestern University School of Law Moot Court Finalist Oralist, 2004
- Southwestern University School of Law Moot Court Finalist Writer, 2004
- "Employment Litigation in the Age of Social Media," The Recorder, November 4, 2013
Labor & Employment Law Blog Posts
Ms. Nicolas is the Editor of the Labor & Employment Law Blog.
- "Onward and Upward – California’s Minimum Wage And Paid Family Leave Benefits Set To Increase Substantially Over The Next Few Years," May 4, 2016
- "New Year, New Rules For Employers Doing Business in California," December 3, 2015
- "Second Circuit Holds That Facebook “Like” May Be Concerted Activity Under Section 7 of the NLRA," November 16, 2015
- "60-Day Public Comment Period Commences On Proposed FLSA Overtime Exemption Rule Changes," July 7, 2015
- "California Makes Anti-Bullying Training A Component Of Mandatory Harassment Training," March 10, 2015
- "UPDATE: SCOTUS Denies Petition For Cert In Iskanian," February 2, 2015
- "Is Your Criminal Screening Process Compliant?" May 30, 2013
- "California Court Of Appeal Finds Class Action Waiver To Be Unconscionable", March 24, 2009
- "Employee Free Choice Act of 2009: A Radical Departure From Fundamental Labor Policy", March 12, 2009
- "The Genetic Information Nondiscrimination Act of 2008: Civil Rights or Science Fiction?", May 22, 2008
- "Termination of Employee Who Made a Threat in the Workplace Called into Question Where Employer's Reaction Suggested that Statements Were Not Actually Perceived as a Threat", May 7, 2007
- "The Catch 22 of Managing Disabled Employees," National Employment Law Council Conference, Chicago, April 22, 2015
- "A Rose by Any Other Name...: Post-Dukes, Is Multi-Plaintiff Litigation the New Class Action?" National Bar Association Mid-Year Conference, April 5, 2013
- "Workplace Discrimination and Harassment, What Every Employer Needs to Know," Toyota Auto Museum, November 13, 2012