Shawn M. Joost

Shawn Joost’s practice is focused primarily on employment law, including defending employers in civil litigation and administrative actions; providing advice and counsel on employment law issues; training employees; and drafting employment policies. In addition, she represents clients in business and commercial litigation.  She has nearly fifteen-years of experience in complex litigation, including employment, business, real estate, trade secrets, and class actions.

In her litigation practice, Shawn represents clients in court, administrative and alternative dispute resolution proceedings.

In her counseling practice, Shawn advises companies in all areas of employment law including employment classification, employee termination, leave decisions, wage and hour matters and drafting effective and enforceable employment policies, and executive employment agreements.

In addition to her extensive legal career with highly-respected California firms, Shawn brings several years of experience as an Executive Director and Senior Manager with non-profit organizations, spanning the fields of legal services, education, and health. Her experience directing these organizations provides a unique and valuable perspective on the real-world business issues faced by her clients.

Shawn received her Juris Doctor degree, magna cum laude, from the University of California, Hastings College of the Law. During law school, she was awarded the Order of the Coif as well as American Jurisprudence Awards in Civil and Criminal Procedure. She also served as a Note Editor on the Hastings Law Journal. Shawn graduated with her Bachelor of Arts degree in Political Science from the University of California, Berkeley.

Representative Matters

• Defend employers in class action lawsuits in addition to formulating litigation strategies designed to prevent class certification.
• Regularly draft, review, and revise employee handbooks and policy manuals, employment agreements, negotiated severance packages for corporate executives, independent contractor agreements, alcohol and drug testing policies, workplace search policies, and pre-employment inquiry policies and procedures.
• Represent clients accused of violating federal and state laws prohibiting discrimination and harassment based on race, sex, religion, age, disability or engaging in protected activity like testifying or complaining about perceived illegal conduct.
• Represented employers in claims against former employees and other businesses for unfair competition, trade secret misappropriation, and related business torts.
• Represented property owners in real property partitions and partnership dissolutions.
• Represented international hotel franchise in $2 billion breach of contract claim against Japanese real estate development company and related claims against foreign lender.
• Represented domestic and international clients in securities arbitration against nationally-known brokerage firm and broker.
• Defended technology company in licensing and contract claims by departing founder.
• Represented contractor in suit against property owner and construction lender in breach of contract and related claims.
• Published Case: Forster v. Superior Court (1992) 11 CalApp.4th 782, Joost (Britton), Shawn, M.

Speaking Engagements

• Speaker, “Shields and Swords’ Against Employment Law Claims,” Online Workshop, Capital Corridor SCORE (April 25, 2023)
• Speaker, “Shields and Swords’ Against Employment Law Claims,” Online Workshop, San Francisco SCORE (April 18, 2023)
• Speaker, “Employment Law Update for 2023 Tax Year,” Online Workshop, Capital Corridor SCORE (February 7, 2023)
• Speaker, “Employment Law Update for 2023 Tax Year,” Online Workshop, San Francisco SCORE (January 18, 2023)
• Speaker, “Employment Law Update: What Employers Need to Know in 2023,” Webinar, Yuba-Sutter Chamber of Commerce (January 11, 2023)
• Speaker, “’Shields and Swords’ Against Employee Claims,” Online Workshop, San Francisco SCORE (October 5, 2022)
• Speaker, “’Shields and Swords’ Against Employee Claims,” Online Workshop, San Francisco SCORE (July 14, 2022)
• Speaker, “California Restaurant Industry Employment Law,” Online Workshop, San Francisco SCORE (March 4, 2022)
• Speaker, “California Restaurant Industry Employment Law,” Online Workshop, Yuba-Sutter Chamber of Commerce (March 2, 2022)
• Speaker, “Year-End Employment Law Update,” Online Workshop, San Francisco SCORE (January 21, 2022)
• Speaker, “Year-End Employment Law Update,” Webinar, Yuba-Sutter Chamber of Commerce (December 14, 2021)
• Speaker, “Five Things California Employers Need to Know–C0010,” Online Workshop, San Francisco SCORE (September 22, 2021)
• Speaker, “2021 Employment Law Update for Agricultural Businesses,” Webinar, Yuba-Sutter Chamber of Commerce (March 4, 2021)
• Speaker, “Employment Law Update: What Employers Need to Know in 2021,” Webinar, Rotary Club of Yuba City (January 27, 2021)
• Speaker, “Employment Law Update: What Employers Need to Know in 2021,” Webinar, Yuba-Sutter Chamber of Commerce (January 27, 2021)
• Speaker, “Back to Work: COVID 19 – Considerations for Employers,” Yuba-Sutter Chamber of Commerce Webinar (June 4, 2020)
• Panelist, “Sacramento Creative Economy Virtual Meeting,” focused on benefits provided to nonprofits, independent contractors, and creative workers through the CARES Act, The Atrium (April 9, 2020)
• Panelist, “Murphy Austin Annual Employment Law Update,” Sacramento, CA (2016-2022)
• Co-Presenter, ” Minefields of Employment Law,” Workshop for The Impact Foundry’s WHAT IF Conference (October 2017)
• Speaker, California Partnership for Access to Treatment Luncheon (2015)
• Speaker, Andrus Family Fund Grantee Conference (2011)
• Speaker, National Association of Tour Operators Annual Conference (2002)
• Speaker, San Francisco County Bar Association Conference (1998)

Publications

• California Department of Public Health Updated COVID-19 Guidance, Q2, Volume 3, Issue 2 (April 11, 2023)
• Cal/OSHA Adopted a Non-Emergency COVID-19 Standard, Q2, Volume 3, Issue 2 (April 11, 2023)
• Employers Have Some Flexibility in Calculating Non-Discretionary Bonus Amounts, Q2, Volume 3, Issue 2 (April 11, 2023)
• The Future is Uncertain for Payroll Rounding Policies, Q2, Volume 3, Issue 2 (April 11, 2023)
• What’s New in 2023, Q1, Volume 3, Issue 1 (January 11, 2023)
• New COVID-19 Laws and Regulations, Q1, Volume 3, Issue 1 (January 11, 2023)
• COVID-19 Definition of “Close Contact” Amended, Q4, Volume 2, Issue 4 (October 26, 2022)
• When are employers liable for their employee’s tortious conduct?, Q4, Volume 2, Issue 4 (October 26, 2022)
• The Department of Industrial Relations’ website is an important – and often overlooked – resource for employers, Q4, Volume 2, Issue 4 (October 26, 2022)
• Cal/OSHA COVID-19 Emergency Temporary Standard, Q3, Volume 2, Issue 3 (July 28, 2022)
• Truck Drivers: The Never-Ending Twists and Turns on Federal Regulation and Its Impact on State Law, Q3, Volume 2, Issue 3 (July 28, 2022)
• Missed meal and rest break premium pay may give rise to waiting time and wage statement penalties, Q3, Volume 2, Issue 3 (July 28, 2022)
• Pre-employment drug tests: hours worked? Q3, Volume 2, Issue 3 (July 28, 2022)
• Return of Supplemental COVID-19 Paid Sick Leave, Q2, Volume 2, Issue 2 (April 12, 2022)
• Common Mistakes We’d like to See Employers Avoid, Q2, Volume 2, Issue 2 (April 12, 2022)
• California COVID-19 Supplemental Paid Sick Leave Returns, COVID-19 Alert (February 10, 2022)
• New COVID-19 Isolation and Quarantine Rules from Cal/OSHA, COVID-19 Alert (January 24, 2022)
• Revised Cal/OSHA COVID-19 Regulation – In Effect as of January 14, Employment Law News, Q1, Volume 2, Issue 1 (January 20, 2022)
• New COVID-19 Rules from Cal/OSHA and CDPH, COVID-19 Alert (December 18, 2021)
• New OSHA COVID-19 Standard Released / Stayed – For Now, COVID-19 Alert (November 8, 2021)
• EEOC Pay Data Reporting Filing Deadline Extended to October 25, 2021, Employment Law News, Q4 (October 15, 2021)
• FINALLY! Good News for California Employers, Employment Law News, Q4 (October 15, 2021)
• Surprise! You May Owe More than You Think for Break Premium Pay, Employment Law News, Q4 (October 15, 2021)
• Big Changes for Employee Arbitration Agreements, Employment Law News, Q4 (October 15, 2021)
• Changes in COVID-19 Notice Requirements, Employment Law News, Q4 (October 15, 2021)
• Face Covering Mandate Returns, COVID-19 Alert (July 30, 2021)
• COVID-19 Regulations – What just happened?, Employment Law News, Q3 (July 14, 2021)
• When do I have to pay my employees overtime?, Employment Law News, Q3 (July 14, 2021)
• Recent Appellate Court Decision Gives Employers Options on Determining the “Regular Rate of Pay,” Employment Law News, Q3 (July 14, 2021)
• Sexual Orientation and Gender Identity (SOGI) Discrimination, Employment Law News, Q3 (July 14, 2021)
• Revised Cal/OSHA COVID Standards Adopted and Effective Now, COVID-19 Alert (June 18, 2021)
• Cal/OSHA Standards Board Withdraws Revised COVID-19 Regulations, COVID-19 Alert (June 10, 2021)
• Cal/OSHA Standards Board Adopts Revised COVID-19 Regulation, COVID-19 Alert (June 4, 2021)
• If Your Payroll Clerk Goes Rogue …You’re in Trouble, Employment Law News, Q2 (April 21, 2021)
• Time Records Showing Noncompliant Meal Periods Create A Rebuttable Presumption of Meal Period Violations, Employment Law News, Q2 (April 21, 2021)
• Are You Rounding Times for Meal Periods? Stop!, Employment Law News, Q2 (April 21, 2021)
• Are Your Per Diem Payments Really Wages in Disguise?, Employment Law News, Q2 (April 21, 2021)
• California COVID-19 Sick Leave – Retroactive to January 1, 2021, Employment Law News, Q2 (April 21, 2021)
• Federal COVID-19 Paid Sick Leave and FMLA are Expanded and Extended–But Voluntary, Employment Law News, Q2 (April 21, 2021)
• What to do if my employees are vaccinated?, Employment Law News, Q2 (April 21, 2021)
• A recurring problem … Handling employee portions of insurance premiums for employees on leave, Employment Law News, Q2 (April 21, 2021)
• New COVID-19 Sick Leave Law Just Enacted, COVID-19 Alert (March 22, 2021)
• Big Changes to The California Family Rights Act, Employment Law News, Q1 (January 27, 2021)
• Review Your Employment Applications and Recruiting Practices, Employment Law News, Q1 (January 27, 2021)
• COVID-19 Laws and Regulations Require Diligence, Employment Law News, Q1 (January 27, 2021)
• New Cal/OSHA COVID-19 Regulation, COVID-19 Alert (December 7, 2020)
• CDC Updates Guidance for Return to Work of Employees with COVID-19, COVID-19 Alert (July 21, 2020)
• State Orders Shutdowns Again, COVID-19 Alert (July 14, 2020)
• Important New Shut-Down Orders and New City of Sacramento Ordinance, COVID-19 Alert (July 2, 2020)
• Preparing Offices for Re-Opening, COVID-19 Alert (June 4, 2020)
• Employers Required to Amend IIPP Specifically to Address COVID-19, COVID-19 Alert (May 28, 2020)
• Department of Labor’s New Regulations, COVID-19 Alert (April 8, 2020)
• Employee Health and Safety, COVID-19 Alert (March 31, 2020)
• Insurance Coverage, COVID-19 Alert, 2 of 2 (March 27, 2020)
• Mandatory Labor Department Posting For Employers With Under 500 Employees, COVID-19 Alert, 1 of 2 (March 27, 2020)
• Department of Labor Guidance on New Leave Law, COVID-19 Alert (March 26, 2020)
• Summary of Emergency Leave Law, COVID-19 Alert (March 20, 2020)
• ADA and Equal Opportunity Employer Guidance During a Pandemic, COVID-19 Alert (March 18, 2020)
• Bezek, P., Britton, S. (Joost), and Curtis, R. “Employer Monitoring of Employee Internet Use and E-Mail: Nightmare or Necessity?” 2 Cyber Tech Litigation Report 11 (2001)