Kevin Jackson

Senior Counsel

Kevin Jackson

Senior Counsel

Kevin Jackson represents clients in a variety of labor and employment litigation matters across state and federal courts, as well as administrative actions before the EEOC, DOL, CRD, EDD, and DLSE.

For a decade, Kevin has defended employers in California against wage-and-hour class and representative actions involving claims under the California Labor Code and the Fair Labor Standards Act. Kevin has extensive experience defending employers against actions brought under the California Private Attorneys General Act (“PAGA”).

Kevin has successfully defeated PAGA claims at the pleading stage and summary judgment on various grounds, and takes pride in approaching these high-stakes representative actions with an eye towards practical, creative, and efficient solutions. Kevin has published articles on PAGA advocating for a reasonable, pragmatic approach to the unique substantive and procedural challenges they pose, and his work has been cited in law review articles and in briefing submitted to the United States Supreme Court by the California Chamber of Commerce and the United States Chamber of Commerce.

In addition to his wage-and-hour practice, Kevin represents employers in litigation brought by current and former employees alleging a variety of individual claims for discrimination, harassment, wrongful termination, failure to accommodate, and failure to engage in the interactive process. Kevin helps employers mitigate the risk of litigation by providing advice and counsel to navigate the complex web of local, state, and federal laws governing the workplace, including wage-and-hour compliance, disciplinary matters, recruiting and training, workplace accommodations, and leaves of absence.

Representative Experience

  • Represented private equity fund in wage-and-hour Class Action and PAGA Representative Action
  • Represented large solar power company in wage-and-hour Class Action and PAGA Representative Action
  • Represented shipping supply company as second chair trial counsel in wrongful termination and disability discrimination lawsuit resulting in complete defense verdict following six-week jury trial
  • Represented large insurance carrier in wage-and-hour Class Action and PAGA Representative Action

Community Involvement

Pro bono service makes up an important part of Kevin’s practice, and he frequently counsels not-for-profit employers on employment-related matters and has represented them in employment-related litigation. He has also repeatedly acted as counsel for victims of domestic violence through his regular pro bono work for the San Diego Volunteer Legal Program.

Kevin remains active in the San Diego community and dedicates time to supporting the Surfrider Foundation and the Carlsbad Rotary Club.

Presentations and Publications

  • Co-author, “Arbitration Agreements and the Use of Electronic Signatures,” Employment Law Strategist (June 2015)
  • Co-author, “Towards a ‘Manageability’ Standard in PAGA Discovery,” ABTL Report (Summer 2014)
  • Co-author, “The California Supreme Court Kicks Up Dust Storm on the Road to Enforcing Employment Arbitration Agreements,” Orange County Business Journal (December 9, 2013)
  • Co-author, “’Bring Your Own Device’ Brings Challenges,” Daily Journal (July 17, 2013)

 

04 November 2024 Labor & Employment Law Perspectives

Reminder — Minimum Salary Requirements for Exempt Employees Increase on January 1, 2025

The U.S. Department of Labor finalized a rule on April 23, 2024, increasing the standard salary level for the “white collar” exemptions under the Fair Labor Standards Act at $844/week as of July 1, 2024.
24 July 2024 Honors and Awards

Kevin Jackson Recognized Among Top Business Leaders Under 40 by San Diego Business Journal

Foley & Lardner LLP senior counsel Kevin Jackson is recognized by the San Diego Business Journal as among the next top business leaders under 40.
15 July 2024 Labor & Employment Law Perspectives

PAGA Reform: How California Employers Can Take Action Now to Limit Potential Liability

In 2004, California enacted the Private Attorneys’ General Act (PAGA), a first-in-the-nation mechanism to expand the enforcement of the state’s robust Labor Code protections for employees.
05 December 2023 Events

It All Begins in California: New Laws for 2024 and What May Be Coming to Your State Soon

The legal landscape in California is poised for some big changes — from laws expanding restrictions on restrictive covenants to laws that raise the minimum wage for health care and fast food workers, the potential effect on employers is significant.
24 July 2023 Labor & Employment Law Perspectives

PAGA Litigation Remains in Play Following California Supreme Court Decision

As many California employers are aware, PAGA allows employees to bring claims on behalf of the state to recover civil penalties for violations of the California Labor Code. In a successful PAGA action, the California Labor and Workforce Development Agency is entitled to 75% of the recovered penalties, and the remaining 25% goes to the “aggrieved employees.”
29 March 2023 Deals and Wins

Foley Represents LG Technology Ventures as Lead Investor in $28M Series A Round for Venti Technologies

Foley & Lardner LLP recently represented LG Technology Ventures as the lead investor in the $28 million Series A funding round for Venti Technologies, a company designing autonomous vehicles for industrial and logistics hubs.