Business Law, Real Estate Law, Healthcare Law, Labor Law -- Murphy Austin Adams Schoenfeld LLP Sacramento California Law Firm







Return to Attorney Directory Printer-Friendly Version		Email: mfarrell@murphyaustin.com Telephone: 916-446-2300 X3034 Mary E. Farrell is a partner with the Labor and Employment Law practice team and has extensive experience in defending wrongful termination cases, handling employment discrimination and harassment matters, and providing preventative advice to both private and public employers. Mary counsels employers on all aspects of employer-employee relations including privacy issues, proprietary rights/trade secret conflicts, wage and hour laws, personnel policies, and employee leave issues. By offering preventative advice, Mary assists employers in reducing the incidence of litigation. When litigation is imminent, however, Mary provides employers with an alternative to expensive and protracted litigation. As an effective advocate, Mary has experienced significant success in resolving disputes short of trial by way of dispositive motions and/or settlement negotiations. In addition to her employment law practice, Mary has handled complex business litigation and intellectual property matters. She is frequently called upon as a speaker at various employment law seminars and has crafted presentations for local professional organizations, national associations, and firm clients. Mary has served on the Executive Committee of the Labor and Employment Section of the Sacramento County Bar Association and is active in the Sacramento Metro Chamber of Commerce, Sacramento Trade & Commerce Association and the Sacramento Area Human Resources Association. Areas of Practice Labor and Employment Law, Business and Commercial Litigation Representative Experience Represented employers in defense of claims of employment discrimination (age, race, gender, ethnic origin, and retaliation); breach of employment contract; wrongful termination in violation of public policy; and constructive termination in state and federal courts as well as before the California Department of Fair Employment and Housing and the U.S. Equal Employment Opportunity Commission. Represented the California Legislature in employment discrimination suits filed by former employees. Represented a large residential real estate broker in a sexual harassment and retaliation suit filed against real estate agent and broker Represented employers in state court in defense of defamation and interference with contractual relations claims by former employees. Defended employers in numerous wage claims before the California Office of Labor Commissioner. Represented employer against claims of employee raiding and trade secret misappropriation by regional competitor through discovery to settlement. Represented employers/business establishments in federal court in defense of class action and other lawsuits under Title III of the Americans with Disabilities Act (ADA). Extensive law and motion experience, including numerous successful summary judgment motions in state and federal courts; numerous judicial arbitrations; negotiations of settlement agreements and releases. Prepared Respondent's briefs in appeal before the Third District Court of Appeals. Prepared, reviewed, and revised employee handbooks and policy manuals; drafted employment agreements and negotiated severance packages for corporate executives; negotiated and drafted severance agreements on behalf of employers; drafted alcohol and drug testing policies, workplace search policies, and pre-employment inquiry policies and procedures. Conducted due diligence regarding all employment-related matters in corporate mergers, acquisitions, and public offerings and advised clients regarding disclosures arising from employment claims and potential claims. Counseled employers regarding employee discipline and employment termination, workplace searches and investigations, alcohol and drug testing, employee policies, employment discrimination and harassment, and supervisor training. Advised employers regarding union organizing activities. Advised employers and prepared relevant documents with regard to mass lay-off and reduction-in-force. Trained managers and supervisors on compliance with Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA); California’s Fair Employment & Housing Act/Title VII; Americans With Disabilities Act; and other compliance issues. Reviewed and updated independent contractor agreements. Advised employers regarding implementation of workplace safety and security policies and procedures. Drafted agreements regarding protection of employer's confidential proprietary information and intellectual property. Advised departing employees on confidential information obligations to employers. Advised employers regarding misappropriation of trade secret information and unfair competition by former employees and business competitors. Speaking Engagements and Articles Co-Chair & Keynote, Council on Education in Management, “HR & the Law Conference,” September 11-12, 2008, Sacramento, CA Presenter, Council on Education in Management, Managing Your Most Problematic Workers’ Comp Claimants: Strategies for Reducing Liability Risks and Workers’ Comp Costs,” Workers Comp Nor-Cal Forum 2008, May 15, 2008, Monterey, CA Panelist, Council on Education in Management, “Employment Law and Workers’ Comp: Avoiding Liability Traps For Wrongful Termination, Retaliation, Discrimination & Violations of FMLA/CFRA and ADA/FEHA,” Workers Comp Nor-Cal Forum 2008, May 14, 2008, Monterey, CA Presenter, California Medical Association’s Leadership Academy, “Risk Management: How to Avoid Financial Liability as a California Employer,” May 2-3, 2008, Anaheim, CA Webinar Presentation for Career Partners International, “The Risks Inherent With Misclassification of Independent Contractors,” March 20, 2008, “virtual” national audience Keynote, California's Division of Workers Compensation 15th Annual Educational Conference, “Returning the Injured Employee to Work While Complying with the ADA & FEHA,” March 4, 2008, Oakland, CA Keynote, California's Division of Workers Compensation 15th Annual Educational Conference, “Returning the Injured Employee to Work While Complying with the ADA & FEHA,” February 29, 2008, Los Angeles, CA Presenter, California Association of Specialty Contractors, “Labor Law Update 2008,” February 27, 2008, Sacramento, CA Moderator/Presenter, Council on Education in Management, “Personnel Law Update – Recent Developments in Employment Law,” December 11-12, 2007, Sacramento, CA Moderator/Presenter, Council on Education in Management, “Advanced FMLA/CFRA Administration,” November 1-2, 2007, Sacramento, CA Presenter, Council on Education in Management, “Safely Navigating the Complex Maze of CFRA/FMLA, FEHA/ADA, Kin Care, Paid Family Leave Act, Pregnancy Disability, and Workers' Comp Laws,” Workers Comp Forum 2007, October 17, 2007, Huntington Beach, CA Panelist, Council on Education in Management, “It Takes a Village -- Learn How Legal and Industry Professionals Collaborate with Employers to Return Injured Employees to Work While Complying with the FEHA/ADA,” Workers Comp Forum 2007, October 16, Huntington Beach, CA Moderator/Presenter, Council on Education in Management, "Advanced FMLA/CFRA Administration," September 14, 2007, Sacramento, CA Moderator/Presenter, Council on Education in Management, "Preventing Harassment, Discrimination and Retaliation in the Workplace," August 8, 2007, Sacramento, CA Panelist, "Preventing ADA/FEHA Violations in Workers’ Compensation Cases," Disability Management Employer Coalition, June 13, 2007, Sacramento, CA. Presenter, Warren G. Bender Insurance Agency, "The Overlap Between California's Work Comp Systems & the ADA/FEHA," March 22, 2007, Sacramento, CA Moderator/Presenter, Council on Education in Management, "Two-Day Seminar and Workshop - Advanced FMLA/CFRA Administration," March 5-6, 2007, Sacramento, CA Presenter, California's Division of Workers Compensation 14th Annual Educational Conference, "Returning the Injured Employee to Work While Complying with the ADA & FEHA," March 5, 2007, Oakland, CA Presenter, California's Division of Workers Compensation 14th Annual Educational Conference, "Returning the Injured Employee to Work While Complying with the ADA & FEHA," February 21, 2007, Los Angeles, CA Presenter, Presido Risk Management Group, “Accommodating Disabled Applicants & Employees and Understand How & When to Use Post-Offer/Pre-Hire Testing,” Ontario, CA. Moderator/Presenter, Council on Education in Management, "Advanced FMLA Challenges," December 1, 2006, Sacramento, CA Presenter, Council on Education in Management, Workers’ Compensation Forum 2006, "Returning the Injured Employee to Work While Complying with the ADA and FEHA," October 18, 2006, Huntington Beach, CA Presenter, Council on Education in Management, “California Update on the FMLA/CFRA/PDL/PFLA and Related Leave Statutes,” September 25, 2006, Sacramento, CA Presenter, Council on Education in Management, “Update on Critical Legal Issues in Conducting Workplace Investigations to Minimize Your Liability Risks,” April 26, 2006, Sacramento, CA Presenter, Council on Education in Management, “Detecting the Legal Landmines: Ensuring that Your Investigation Complies with the Law,” March 29, 2006, Sacramento, CA Presenter, Council on Education in Management, “Avoiding FMLA Retaliation Claims by Analyzing What Went Wrong/What Went Right in Six Real-Life Case Scenarios”, March 7, 2006, Sacramento, CA Moderator/Presenter, Council on Education in Management, “Untangling the FMLA, ADA and Workers’ Comp Overlap,” February 23, 2006, Sacramento, CA Co-Moderator/Presenter, Murphy Austin Adams Schoenfeld LLP, “2006 Legal Update,” January 12, 2006, Sacramento, CA Moderator/Presenter, Council on Education in Management, “How To Avoid The Top 10 Mistakes Employers Make Under The FMLA/CFRA/PDL WC & PFLA”, October 17-18, 2005, Sacramento, CA Presenter, Council on Education in Management, “Advanced Certificate in Human Resource Management,” June 13, 2005, Monterey, CA Presenter, Council on Education in Management, “Increasing the Effectiveness of Your Employment Law Training,” June 1, 2005, Sacramento, CA Moderator/Presenter, Council on Education in Management, "2005 California Update on the FMLA/CFRA/PDL/PFLA and Related Leave Statutes," February 24,2005, Sacramento, CA Presenter, Allen Lund Company, In-House Training for Supervisors, February 2, 2005, San Diego, CA Presenter, Council on Education in Management, “Workplace Harassment and Internal Investigations: Protecting Your Organization by Conducting Timely and Thorough Investigations,” December 14, 2004, Sacramento, CA Presenter, Murphy Austin Adams Schoenfeld LLP, “Legislative Update: What’s New in 2005,” December 8, 2004, Sacramento, CA Moderator/Presenter, Council on Education in Management, “California FMLA/CFRA Update 2004,” May 26, 2004, Sacramento, CA Presenter, Council on Education in Management, "Interplay Between FMLA/CFRA/PDL/ADA and California's New Family Temporary Disability Leave Law," March 19, 2004, Sacramento, CA Presenter, Warren G. Bender Company, “Eggs & Issues III, Employment Law, Worker's Compensation, Contractual Risk”, January 13, 2004, Sacramento, CA Presenter, HR to Go, “Hot Legal Topics for 2004,” February 5, 2004, Sacramento, CA Co-Moderator/Presenter, Council on Education in Management, FMLA/CFRA Update 2003, November 19 & 20, 2003, Sacramento, CA Presenter, HR & The Law Conference and Expo, Council on Education in Management, Managing Leave and Controlling Absenteeism: Solutions to Your Toughest Challenges, March 26, 2003, Palm Springs, CA Co-Moderator/Presenter, Council on Education in Management, Untangling the FMLA/DFRA, ADA/FEHA, & Worker's Comp Overlap, March 11, 2003, Sacramento, CA Presenter, HR to Go, Hot Legal Topics for 2003: 14 New Laws for California Employers, January 16, 2003, Sacramento Presenter, Warren G. Bender Company Annual Legal/Legislative Update, December 10, 2002, Sacramento, CA Presenter, Council on Education in Management, "Intermittent Leave Under the FMLA”, FMLA Update, November 13, 2002, Sacramento, CA Trainer, Lyon & Associates Realtors, Inc., “Sexual Harassment Training for Real Estate Agents,” October 28, 2002, Sacramento, CA Co-Moderator/Presenter, Council on Education in Management, Personnel Law Update 2002, September 12 & 13, Sacramento, CA Moderator/Presenter, Council on Education in Management FMLA, CA/CFRA Update 2002, “Best Practices in FMLA/CFRA Administration”, February 19, 2002, Sacramento, CA Trainer, Nor-Cal Beverage Co., “Supervisor and Managerial Training – Overview of State and Federal Employment Law”, January 9, 2002, Sacramento, CA "What's New in 2002 - A Legislative Update" published January 2002, in the Sacramento County Bar Association, Labor and Employment Law Newsletter, Laboris Legis Trainer, Lyon & Associates Realtors, Inc., “Sexual Harassment Training for Real Estate Agents”, November 5, 2001, Sacramento, CA Presenter, Council on Education in Management, "Intermittent Leave Under the FMLA”, FMLA Update, November 2, 2001 Moderator/Presenter for 2-Day Seminar, Council on Education in Management, "Personnel Law Update 2001: Critical Solutions for Your Toughest Employment Law Challenges 2001,” September 5-6, 2001, Sacramento, CA Presenter, 1-Day Workshop, Council on Education in Management, "Liability-Free Discipline and Progressive Termination Workshop,” September 7, 2001, Sacramento, CA Moderator/Presenter, Council on Education in Management, "Untangling the FMLA, ADA and Workers' Comp Overlap," June 4, 2001, Sacramento, CA Presenter, “Employment Law Issues Related to Volunteers,” presentation to Directors of Volunteers in Agencies, April 19, 2001, Sacramento, CA Presenter, Council on Education in Management, "Intermittent Leave Under the FMLA”, FMLA Update 2001, February 21, 2001, Sacramento, CA Presenter, Lorman Education Services, “Americans with Disabilities Act Update” and "Drugs Alcohol and the ADA; an Employer's Compliance Guide," September 15, 2000, Sacramento, CA Presenter, Council on Education in Management, “EEOC Update,” May 5, 2000, Sacramento, CA Presenter, Council on Education in Management, "Progressive Discipline, Coaching and Termination," and “Minimizing Your Personal Liability When Implementing Terminations,” December 1999, Sacramento, CA Presenter, Personnel Law Update 1999 Seminar, “Hot Issues in Sexual Harassment: When Consensual Relationships in the Workplace Turn Sour,” Council on Education in Management, October 1999 Presenter, Public Sector Employment 1999 Seminar, “Termination Without Retaliation: Understanding Your Employees’ Constitutional Rights,” Council on Education in Management, July 1999 Presenter, Personnel Law Update 1999 Seminar, “Recent Developments in Sexual Harassment Claims,” Council on Education in Management, June 1999 Presenter, Personnel Law Update 1999 Seminar, “Privacy Rights of Employees,” Council on Education in Management, June 1999 Presenter, FMLA Update 1999 Seminar, “Comprehensive One-Day Workshop,” Council on Education in Management, May 1999 Presenter, Personnel Law Update 1999 Seminar, “Implementing Liability-Free Progressive Discipline Policies,” Council on Education in Management, February 1999 Presenter, “The Serious Problem Employee: Workplace Violence & Drug Testing,” Graham & James LLP Annual Seminar, November 1998 Presenter, “Sexual Harassment Claims,” “Guidelines For Drafting Employment Manuals” and “Recent Developments in Employment Law” -- a two-day seminar for the Public Broadcasting Management Association's Annual Retreat, Dana Point, CA, May 1998 Presenter, “Legislative Developments in Employment Law,” Graham & James LLP Annual Seminar, November 1997 Presenter, “Overview of Employment Law Seminar,” -- a one-day seminar for the Public Broadcasting Management Association’s Annual Conference, Washington D.C., November 1997 Presenter, “Employment Discrimination Claims Under Title VII and the FEHA,” & “Developments in Sexual Harassment Claims,” Weintraub Genshlea & Sproul Annual Seminar, November 1996 Presenter, “Claims Under Title VII and the FEHA,” & “Developments in Sexual Harassment Claims,” Weintraub Genshlea & Sproul Annual Seminar, November 1996 Memberships and Community Involvement State Bar of California Former Executive Committee Member, Labor & Employment Section, Sacramento County Bar Association Sacramento Area Commerce and Trade Association (SACTO) Sacramento Human Resources Management Association Anthony M. Kennedy Inns of Court Natomas Schools Foundation Board of Directors Education McGeorge School of Law, University of the Pacific J.D., with Great Distinction, 1994 Order of the Coif Traynor Honor Society California State Polytechnic University, San Luis Obispo B.A. 1990
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