Joseph S. Persoff

Associate

Los Angeles
T +1.310.442.8838
F +1.310.820.8859

Overview

A dedicated employment litigator, Joseph Persoff is determined to help clients both comply with the law and stay true to their business models. His experience includes drafting appellate briefs, mediation briefs and trial court motions, including summary judgment motions, post-trial motions and anti-SLAPP motions. Joseph has also argued multiple cases before courts of appeal. Well-versed on a range of employment issues, Joseph has offered critical support on matters involving discrimination, retaliation, harassment, as well as wage and hour issues.

Select Experience

  • Defends clients across various industries against wage and hour class action and California Private Attorneys General Act claims, including claims for unpaid wages, unpaid overtime, meal and rest break violations, reporting time pay, and wage statement violations.
  • Represents clients in defense against claims for discrimination and retaliation, including investigating claims, strategizing defense of claims, and briefing arguments for dismissal of claims or for reasonable settlement at mediation.
  • Provides advice and counsel to clients regarding new legal developments, including new case decisions and COVID-19-related emergency orders.
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Experience

  • Defends clients across various industries against wage and hour class action and California Private Attorneys General Act claims, including claims for unpaid wages, unpaid overtime, meal and rest break violations, reporting time pay, and wage statement violations.
  • Represents clients in defense against claims for discrimination and retaliation, including investigating claims, strategizing defense of claims, and briefing arguments for dismissal of claims or for reasonable settlement at mediation.
  • Provides advice and counsel to clients regarding new legal developments, including new case decisions and COVID-19-related emergency orders.
  • Argued cases before the Ninth Circuit Court of Appeals and the California Court of Appeal.
  • Drafted appellate briefs, petitions for writ of mandate and petitions for review to the California Supreme Court.
  • Prepared trial and appellate court motions, including oppositions to demurrers, motions for summary judgments, anti-SLAPP motions, motions in limine, motions for new trial and motions to dismiss an appeal.

Recognitions and Memberships

Memberships

  • Los Angeles County Bar Association

Community

  • Los Angeles World Affairs Council: Young Professionals

Prior Positions

  • The Honorable Harry Pregerson, United States Court of Appeals, Ninth Circuit: Judicial Extern (2013)

Admissions

  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California
  • California

Education

  • J.D., University of Southern California Gould School of Law, 2015; Southern California Law Review, Senior Submissions Editor
  • B.S., Syracuse University, 2010

Blog

In The Blogs

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Employment Class Action Blog
California Employers Must Pay Meal and Rest Period Premiums at the Regular Rate of Pay
By Joseph S. Persoff
July 15, 2021
When a California nonexempt employee is not provided a meal or rest period, Cal. Labor Code 226.7 requires an employer to pay a penalty to that employee in the amount of one hour of that employee’s “regular rate of compensation.” It was an...
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Employment Class Action Blog
California Court Affirms Value of Employee Time Punches in Defeating Class Certification
By Vartan S. Madoyan, Joseph S. Persoff
May 12, 2021
In a sweet ruling for employers, a California court of appeal affirmed a trial court’s denial of class certification of a meal break claim due to employee timekeeping records. This decision, Salazar v. See’s Candy Shops Inc., is...
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Employment Class Action Blog
Ninth Circuit Holds Employee Expense Per Diem Can Constitute ‘Wages' to Determine the Regular Rate
By Joseph S. Persoff
February 9, 2021
In a case involving two certified classes, the Ninth Circuit Court of Appeals concluded this week that an employer’s per diem paid to traveling employees to reimburse for the cost of meals, incidentals and housing while working away from...
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Employment Law Spotlight
California Supreme Court Applies Dynamex Independent Contractor Test Retroactively
By Joseph S. Persoff
January 14, 2021
The California Supreme Court has concluded that the ABC Test it developed for determining whether a worker is an independent contractor or employee applies retroactively. Therefore, the ABC Test, first developed in the Court’s Dynamex...
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Employment Law Spotlight
California Expands Family Leave to Employees of Small Employers
By Joseph S. Persoff
September 24, 2020
California passed a new law expanding family leave rights to employees working for employers with five to 50 employees. The family leave rights were previously limited to employees of employers with more than 50 employees. Under this new...
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