Kate Visosky’s practice focuses on labor and employment law, with an emphasis on employment-related litigation and proactive counseling of management-side clients.
Kate represents her clients in all areas of employment-related litigation and dispute resolution. An aggressive and effective litigator and proven negotiator, Kate is skilled in handling class action and complex litigation; high-stakes wage and hour disputes; and harassment, discrimination and retaliation claims and agency charges. Kate also regularly prosecutes and defends actions involving employee mobility, including restrictive covenants, protection of confidential or proprietary information, employee raiding and trade secret matters.
In addition, Kate provides proactive, pragmatic solutions that help clients avoid litigation by developing internal compliance initiatives. She has considerable experience in negotiating employment, severance and non-compete/nondisclosure agreements, as well as in drafting and updating employment policies, agreements and handbooks. Kate also conducts employee and management training and investigations related to allegations of harassment, discrimination and retaliation. Moreover, she advises employers on the protection of their intellectual property and related matters, independent contractor relationships, onboarding, drug and alcohol testing, leave of absence and disability accommodation management processes, workplace violence issues, reductions in force, WARN and other employee relations issues.
Clients and colleagues alike appreciate Kate’s strong work ethic, ability to ensue immediate confidence, acute attention to detail and absolute responsiveness to their needs. She is valued for her ability to balance the law with practical business sense. Because the employer-employee relationship is more complicated than ever before, Kate strives to help her clients adapt prudent strategies that protect them from liability, assist them with ongoing compliance, safeguard their interests and protect their rights in the event litigation arises.
Won a complete defense verdict on behalf of a health care organization in a binding arbitration involving allegations of military discrimination, harassment and retaliation brought by a partner physician.
Won a complete defense verdict on behalf of a distribution company in a binding arbitration involving claims of disability and age discrimination, retaliation, wrongful termination and FMLA/CFRA violations. Achieved a complete defense verdict.
Obtained an immediate TRO and preliminary injunction in the prosecution of a case for an alternate delivery company alleging that company’s former senior executives breached their duty of loyalty, breached their NDAs, misappropriated trade secrets and interfered with contractual relations in creating a direct competitor.
Defense of a case for a manufacturer and distributer of wellness products against a lawsuit alleging the misappropriation of trade secrets, breach of contract, and related ancillary claims against the company and 12 individual employees. Negotiated a favorable resolution.
Defense of a case for an international staffing company, a divisional president and several senior executives against a lawsuit alleging the misappropriation of trade secrets, breach of contract, tortious interference with prospective economic advantage and breach of fiduciary duty. Filed a declaratory judgment action regarding the choice of law and to render restrictive covenants unenforceable. Negotiated a favorable resolution.
Resolved a threatened declaratory judgment action on behalf of a senior executive officer and international retailer to render a noncompetition agreement and other restrictive covenants unenforceable in California.
Defeated class certification in wage and hour class action seeking compensation for approved accrued and unpaid time off.
Defeated class certification in a Song-Beverly consumer class action on behalf of a retail company.
Defended health care organization in lawsuit alleging exempt misclassification of call center supervisors. Filed an affirmative motion to deny class certification resulting in a favorable resolution.
Coordinated the investigation of claims in over a dozen wage and hour class actions involving claims of exempt misclassification. Positions and industries include, inter alia, office managers (financial services), business sales officers (financial services), clinical research associates (health care), account managers (health care), associate account managers (health care), project managers (health care), administrative services supervisors (health care), call center supervisors (health care), desktop support leads (IT), associate software engineers (IT), branch managers (staffing services) and assistant managers (retail).
Coordinated the investigation of claims in over twenty wage and hour class actions involving claims of failure to provide meal/rest breaks, overtime violations, off-the-clock work, expense reimbursement, wage statement violations and unfair competition.
Defended a company and management employees in over fifty single and multi-plaintiff lawsuits involving claims of harassment, discrimination, failure to accommodate, retaliation, wrongful termination, breach of contract, defamation and other related causes of action.
Handled all employment matters for the debtor, including numerous pending lawsuits from individual employees, an unfair labor practice charge, and multiple class action claims (including allegations of WARN violations) as designated special counsel for employment matters for a grocer in connection with the company’s Chapter 11 bankruptcy proceedings.
Kate was selected as one of Southern California’s Super Lawyers—Rising Stars, 2013–2016.