Sarah A. Gilbert
Senior Associate
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Phone: +1 619 744 2230
- Duane Morris LLP
750 B Street, Suite 2900
San Diego, CA 92101-4681
USA
Sarah A. Gilbert practices in the area of employment law, defending and advising employers in a variety of industries, including transportation, hospitality, life sciences, and retail. Ms. Gilbert has litigated extensively in both state and federal courts, as well as private arbitration, representative and class action wage and hour lawsuits, complex retaliation, discrimination, harassment, and wrongful termination claims, as well as disputes arising from misappropriation of trade secrets, breaches of confidentiality obligations, and non-competes. Ms. Gilbert has also appeared on behalf of employers before federal and state agencies on matters concerning regulatory compliance and employee-initiated charges.
In addition to litigating, Ms. Gilbert maintains a transactional practice providing guidance to employers on a wide array of issues, from state and federal wage and hour compliance to employee civil rights protections and leave laws. Ms. Gilbert regularly conducts payroll and timekeeping audits, reviews and prepares company policies and agreements, leads workplace investigations, and offers strategic guidance for personnel and performance management.
Ms. Gilbert is a graduate of the University of California, Los Angeles School of Law.
Areas of Practice
- Employment Counseling and Advice
- Employment Litigation
- Employment and Labor Law
- Class Action Litigation
Admissions
- California
Education
- University of California, Los Angeles School of Law, J.D., 2016
- University of California, Santa Barbara, B.A., with highest honors, 2012
Experience
Duane Morris LLP
- Senior Associate, 2025-presesent
- Associate, 2019-2024Gordon Rees Scully Mansukhani LLP
- Associate, 2016-2019
Professional Activities
Tom Homann LGBT Law Association
Lawyers Club of San Diego
San Diego County Bar Association
Honors and Awards
- Named to Best Lawyers "Ones to Watch," 2023-2025
Selected Publications
- Author, "Win for Employers: No PAGA Standing Without Underlying Labor Code Violations," California Employment Law Letter, November 25, 2024
- Co-author, "Ninth Circuit Strikes Down Defendant’s Attempt At 'Super Snap Removals'," Duane Morris Class Action Defense Blog, April 19, 2024
- Author, "Definition of ‘Employer’: Independent Liability for FEHA Violations," California Employment Law Letter, August 29, 2023
- Co-author, "Finally, Good News for California Employers: Extension of Good Faith Dispute Defense for Wage-and-Hour Penalties," Duane Morris Alert, March 2, 2023
Author, "Who are the Real Parties In Interest?" California Employment Newsletter, July 2022
- Author, "It’s Not My Fault…Is It? Landowners versus Independent Contracts," California Employment Newsletter, September 2021
- Co-author, "California's COVID-19 Supplemental Paid Sick Leave Law: No Longer Effective, but Employers Beware," Duane Morris Alert, January 5, 2021
- Co-author, "Pandemic Relief Extension for Employers and Employees: Enough to Stem the Tide? Perhaps for the Short Term," Duane Morris Alert, January 5, 2021
- Co-author, "Paternalistic Employers, Beware: EEOC Addresses Employer Concerns for Workplace Safety via Mandated Accommodations," Employee Benefit Plan Review, September 2020
- Co-author, "Paternalistic Employers, Beware: EEOC Addresses Employer Concerns for Workplace Safety via Mandated Accommodations," Duane Morris Alert, June 15, 2020
- Contributor, "How to Accommodate At-Risk Workers," SHRM, May 13, 2020
- Co-author, "EEOC Revisits – and Revises – COVID-19 Return to Work Guidance on Accommodating Employees with Underlying Medical Conditions," Duane Morris Alert, May 8, 2020
Selected Speaking Engagements
- Speaker, “Developments in Workplace Law and Practice,” 2025 Duane Morris Seminar, May 21, 2025
- Speaker, "Diversity, Equity & Inclusion: LGBTQ+ Workplace Issues," Duane Morris Institute (DMi) Webinar, June 8, 2023
- Speaker, "Quick Hits: Non-Competes and Employment," Western Alliance Class Action Law Forum Conference, March 16, 2023
- Speaker, "Workplace Diversity & Employee Retention: How to Recruit and Retain Your Talent," Duane Morris Institute (DMi) Webinar, February 10, 2022
- Speaker, "The California Employment Law Landscape Has Changed (Again!)," Association of Corporate Counsel, Webinar, November 4, 2021
- Speaker, "Diversity, Equity & Inclusion: LGBTQ+ Workplace Issues," Duane Morris Institute (DMi), Webinar, July 21, 2021
- Speaker, "Dear Helga - You're Never Going to Believe What My Employee Did This Time..." Duane Morris Institute (DMi), Webinar, June 22, 2021
- Speaker, "What to Worry About for California Contracts," Duane Morris Commercial Contracts Checkup Series, Webinar, November 19, 2020
- Speaker, "Navigating Leave Issues During COVID-19," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, October 29, 2020
- Speaker, "New 2021 Legislation and Case Law Impacting Employers," ELBI Breakfast Briefing, October 15, 2020
- Speaker, "Minding Your Business in the Age of COVID-19," ACC Presentation, May 28, 2020
- Speaker, "Employment Law 101: Getting it Right," Startup Accelerator Workshop, February 26, 2020