Brooke S. Purcell

Brooke Purcell is a partner in the Labor and Employment Practice Group in the firm's San Francisco office.

Areas of Practice

Brooke takes a pragmatic approach to litigation that balances the need for a strong defense with business realities. Her practice focuses on defending employers in federal and state courts and before administrative agencies against claims of wage and hour violations, discrimination, harassment, retaliation, and wrongful termination. She also represents employers in wage and hour class actions and PAGA claims. Her clients range from small businesses to publicly traded companies, with a focus on technology, retail and hospitality industries. In addition to her litigation practice, Brooke frequently provides guidance and training to companies to maintain compliance with federal, state, and municipal laws and regulations.

Prior to law school, Brooke worked as a Legislative Assistant in the United States Senate and as a Professional Staff member on the United States Senate Commerce Committee.

Experience

• Deposed plaintiffs in various matters.
• Managed investigations by the United States Department of Labor Wage and Hour Division and municipal entities.
• Prevailed in a wage and hour action brought to hearing at the California Division of Labor Standards Enforcement (DLSE) against an international technology company.
• Negotiated favorable settlement and full release of numerous cases, including wage and hour cases at the DLSE and various discrimination, harassment, retaliation and wrongful termination matters.
• Briefed successful Motion to Dismiss in a state-wide meal and rest break case in the Eastern District of California against national food processing company, which postured the case for favorable settlement.
• Developed strategy for and managed the collection of declarations of putative class members in state-wide meal and rest break case venued in the Eastern District of California.
• Obtained multiple insufficient evidence findings from the California Department of Fair Employment and Housing (DFEH).
• Successfully defeated motion to strike counterclaim in trade secret and breach of contract matter.
• Prepared successful motion to transfer venue in discrimination and harassment matter for national grocery store chain.
• Deposed numerous medical experts in various discrimination cases.
• Defended person most knowledgeable depositions for retail, technology and manufacturing companies.

Honors

Client Service All-Star, BTI Consulting, 2023-2024

Southern California Rising Star, Super Lawyers, 2023

Northern California Rising Star, Super Lawyers, 2013-2018

Articles

Labor and Employment Law Blog Posts

• "California Municipalities Move Closer to Requiring Hazard Pay for Grocery and Pharmacy Workers," January 8, 2021
• "San Francisco Surpasses Other Jurisdictions and Enacts Expansive COVID-19 Related Paid Sick Leave," April 20, 2020
• "Additional Paid Leave for Some San Jose Employees Under the COVID-19 Paid Sick Leave Ordinance," April 16, 2020
• "Complicating Simplicity: Ninth Circuit Requires Separate Stand-Alone Documents for Employment Background Checks," February 6, 2019
• "Department of Labor Offers Employers Clarity By Resuming Its Practice of Issuing Opinion Letters," April 25, 2018 

Speaking Engagements

• Speaker, "Private Attorneys General Act (PAGA): What Employers Need to Know," California Association of Health Facilities 2023 Annual Convention, Palm Springs, November 2023
• Speaker, "Labor and Employment Law Update," California Association of Health Facilities 2023 NorCal Collective Meeting, August 2023
• Speaker, "2023 Labor and Employment Update," California Association of Health Facilities Spring Advocacy, Sacramento, March 2023
• Speaker, "Breakfast with your Labor Lawyer- San Francisco," Sheppard Mullin Spring 2018 Seminar Series, April 2018
• Panelist, "Navigating the Security Litigation Storm," Retail Risk and Claims Managers Round Table Meeting, Oak Brook, July 2013
• Panelist, "How to Lose 25 lbs. and Learn a Foreign Language by Using Structured Settlements," USLAW Client Conference, Tucson, April 2013

Events

Memberships

Board of Directors, Bar Association of San Francisco Justice and Diversity Center

Bar Association of San Francisco

Marin Bar Association

Digital Media