Nancy Yaffe, a partner at the Century City office of Philadelphia-based Fox Rothschild since 2009, works with employers on problem prevention.
Yaffe’s labor and employment practice includes hotels, restaurants, retailers, manufacturers and tech firms among her clientele. Her defense work includes single plaintiff and class action matters.
When not in the courtroom, Yaffe’s work with her clients involves counseling and advisement on harassment, discrimination, disability compliance and workforce reduction law to help keep those clients free of lawsuits and complaints.
Yaffe has also lent her expertise as a presenter for organizations such as the Los Angeles Hotels Human Resources Association.
Tell me about your labor and employment practice and how you built it.
My practice is a varied combination of strategic advice and counseling, and the defense of employment claims (both class/Private Attorneys General Act and single plaintiff). I built it through a focus on being a proactive counselor to my clients, quick to respond and dedicated to providing services that fit their legal goals. Many clients have been with me for a very long time or have followed me as they have moved from one company to another. Others were clients of the firm who worked with me and stayed with me after their contact left, or they moved to a new business and reached out to me directly.
I realized early in my career that employment work is not one-size-fits-all. Clients have different goals, and my role has always been to understand their goals, to explain their legal obligations and to give options. I am known for answering questions with a high risk, moderate risk and low risk option, and setting forth pros and cons for each. I don’t tell clients what to do; I empower them to make choices that work for them.
What’s a signature legal victory for you?
I am a big advocate of preventative proactive counseling. I have had many clients who are sued in class action or single plaintiff cases and when I provide the evidence to the other side, they either dismiss the case entirely, limit the claims or we resolve the matter expeditiously. I am not one to brag publicly about my wins (settlements are generally confidential), but my clients know the benefits of following my advice and that’s what matters to me.
Conversely, is there a loss that was nevertheless formative for your career?
I second chaired a six-week jury trial as a mid-level associate. We lost. I still have nightmares about the moment the verdict was read. I put everything into that case and was devastated. I was not in charge of the case strategy. The lesson for me was that trials have a place in employment law, but only for certain cases. And for me, I was not going to presume that trials were the best way to resolve cases. Rather, I was going to be clear with clients early on about the good facts (and less good facts) and keep them informed every step of the way. If we were going to trial, it was going to be because there is no other option that meets the client’s goals.
What’s it like to work in labor and employment in a state like California?
Our firm has a handy publication that I revise every year titled “Doing Business in California.” I love practicing here because there is always a new issue to evaluate or a new law to advise on. California is often the first state to roll out new employment law, such as PAGA. Or our laws are different, like the vast wage-and-hour requirements for which employers are held strictly liable. I often say if it is logical, it isn’t legal in California; and if it is legal, it probably makes no sense. That keeps the practice engaging.
What has kept you busy so far this year?
Class actions and PAGA cases galore. There are so many being filed, and our team is so good at handling them efficiently and proactively, that we are getting bunches of them. Also given PAGA reform, case analysis and problem solving in the first 60 days of a matter is a huge part of limiting exposure and setting the case up proactively for resolution (or litigation, depending on the facts).
In the sense that rising operating costs can result in cutbacks, do you anticipate the Trump Administration’s tariffs to add your workload at all?
One of the joys of being an employment attorney in California is that the business never wanes. It is consistent, whether the economy is good or bad. When there is a downturn, we often advise on how to cut back fairly and without triggering legal claims.
What are unique challenges to the labor and employment landscape in Los Angeles?
Well, there is the traffic and the fact it can take a whole day to visit a client in person. The other challenge is that different cities in the county of Los Angeles can have different requirements, and the boundaries aren’t always clear. I once had two clients across the street from each other on Sunset Boulevard and they had different minimum wage and sick leave requirements because they were in different cities.
