Careers

Diversity

With 18 offices, from New York to Los Angeles and Seattle to Orlando, we live and work in communities all over the U.S., collaborating across locations, disciplines and even borders. Our experienced, highly ranked lawyers serve businesses wherever they are and wherever they want to go.

Offices

About Us

Pages

Professionals

Thought leadership: blogs, podcasts, videos, publications, events and news

Insights

Services

Pro Bono

Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

To Help the New Administration Help Your Industry, You Need an Agency Strategy (Real Estate Finance Journal)

Artie McConnell Comments on Upcoming DOJ Data Security Program in Dark Reading Article

IP Intelligence Report

US Patents Set to Issue 33 Percent Faster from the Notification Date

Alexander Reid Presents Update on Nonprofit Legislation, Regulation at Illinois CPA Society Symposium

Sylvia advises and defends businesses in matters involving claims and allegations related to wage and hour compliance, unlawful harassment, discrimination and retaliation, wrongful termination, leave and accommodation issues, non-competition agreements and contract disputes. Additionally, Sylvia assists clients in implementing preventive measures to avoid litigation by providing practical advice and representation to identify and manage risk and ensure compliance with local, state and federal laws. She also partners with them to develop policies and handbooks, and conducts training to prevent unlawful employment practices.

core/freeform

J.D., Pepperdine University School of Law, 2008, 

B.A., University of San Diego, 2004

<ul>
<li>Northern California Super Lawyers &#8220;Rising Star&#8221; (2019 to 2021)</li>
</ul>


San Francisco

Los Angeles

BakerHostetler Defeats Overtime Claim for Client McLane Foodservice, Inc.

PAGA Standing Allows a Plaintiff to Have One Foot in a Compelled Individual Arbitration and One Foot in a Representative Court Action

You Can Contract If You Want To: California Appellate Court Leaves Prop 22 Largely Intact

Contingent Workforce Update: The Gamemakers Are At It Again

10th Annual Labor Relations and Employment Law Master Class Series

Sylvia Kim Offers Insights on Several Recent California Laws

Out with Some Old and in with a Whole Lotta New: Governor Newsom Signs New Laws That Expand Workplace Protections for California Employees in 2022 and Beyond

Employment Law Spotlight

Governor Newsom Imposes Greater Pay Transparency Requirements on California Employers

California Legislature Expands Pay Reporting and Disclosure Requirements for California Employers

Smoother Sailing Ahead for PAGA Arbitrability Under Viking River Cruises Decision

Bringing the Past to Life: AAPI Program Recreates Key Moments in American History

Matt Kane, Sylvia Kim Analyze Outcome of Wells Fargo Class Action Settlement

A to Z of What California Employers Need to Know for 2022

California Takes Aim at Warehouse Distribution Centers in the State With a First-of-Its-Kind Law

Paul Schmidt, Eric Sagerman, Matthew Kane, Sylvia Kim Featured in Article about BakerHostetler Growth in California

BakerHostetler Expands with Addition of Four Employment Class Action Attorneys in Los Angeles and San Francisco

Labor and Employment

Wage and Hour Compliance

Employment/Wage and Hour Class Actions

Employment Counseling and Training

Employment Investigations

Noncompete and Trade Secrets

Appellate and Major Motions

ERISA Litigation

California Labor and Employment

Reduction in Force (RIF) and Furlough Compliance

Employment Litigation and Arbitration

Contingent Workforce

Post-Roe Resource Center

Multidistrict Litigation

<ul>
<li>Obtained an order denying class certification on a motion for reconsideration in two related wage and hour class actions for a leading financial institution, one involving financial center employees and the other involving call center employees, based on findings that there was no evidence of any de facto policies necessitating off-the-clock work or impeding the taking of meal and rest breaks, and that individual issues predominated. The court also denied the plaintiffs’ request for leave to file an amended, consolidated complaint to try to cure their class certification infirmities.</li>
<li>Obtained an order dismissing with prejudice at the pleading stage California state law claims for inaccurate wage statements, waiting time penalties and shared labor contractor liability in a proposed class action against a national third-party logistics client.</li>
<li>Obtained an order dismissing with prejudice at the pleading stage California state law claims for unpaid wages, meal and rest break violations, inaccurate wage statements, waiting time penalties and unfair competition in a proposed class action against a global private security company.</li>
<li>Obtained an order dismissing with prejudice at the pleading stage a proposed Rule 23 class action alleging claims for minimum wage, overtime pay, meal and rest period, inaccurate wage statements, final pay and unreimbursed business expenses violations against a national transportation company.</li>
<li>Obtained an order granting partial summary judgment of putative class representative plaintiff’s individual claim for unpaid overtime based on alleged use of incorrect regular rate of pay on the ground that bonus payments the plaintiff received were in fact discretionary and therefore not includable in her regular rate of pay.</li>
<li>Defeated class certification of all claims brought on behalf of a putative class of approximately 5,000 loan collection call center employees alleging failure to pay overtime wages, provide meal and rest breaks, provide accurate itemized wage statements, timely pay final wages and engagement in unfair business practices.</li>
<li>Defeated class certification of all California state law wage and hour claims brought on behalf of a putative class of Small Business Bankers allegedly misclassified as overtime exempt outside salespersons.</li>
<li>Successfully moved to compel individual arbitration of a proposed Rule 23 wage and hour class action, after twice moving to dismiss plaintiff’s complaints and obtaining dismissal of plaintiff’s meal and rest break and wage statement claims with prejudice, with the court rejecting the plaintiff’s contention that such litigation conduct constituted a waiver of the employer’s right to compel arbitration.</li>
<li>Obtained an order granting motion for partial judgment on the pleadings in favor of national temporary staffing services provider on putative wage and hour class action claim for late payment of wages under California Labor Code section 201.3, finding that timely payment of wages occurred upon mailing rather than receipt of paycheck and that waiting time penalties are not recoverable other than for late payment of final wages.</li>
<li>Represented national food service and supply companies in wage and hour class action suits filed by truck drivers asserting violations of California meal break laws. Claims were dismissed with prejudice on grounds that they were preempted by the Federal Aviation Administration Authorization Act.</li>
<li>Represented financial institution in off-the-clock wage and hour class action. Defense motion to compel individual arbitration of claims was granted.</li>
<li>Represented financial institution in putative wage and hour class action alleging unlawful forfeiture of allegedly vested compensation under incentive compensation plans. Successfully obtained judgment on the pleadings on all claims.</li>
<li>Represented one of the largest financial institutions in the U.S. in multidistrict wage and hour class and collective action litigation. Defense motion to transfer 12 off-the-clock overtime putative class and collective actions for coordinated or consolidated pretrial proceedings was granted by Judicial Panel on Multidistrict Litigation.</li>
<li>Represented financial institution in statewide putative class and collective action alleging off-the-clock overtime and related claims. Successfully opposed plaintiff’s motion to compel production of putative class members’ contact information and obtained order limiting production and then only after utilization of a court-approved Belaire West notice to those putative class members.</li>
</ul>


Sylvia J. Kim

Sylvia J. Kim

Experience

Recognitions and Memberships

Insights and News

Prior Positions

Credentials

Languages

Areas of Focus

Services

Featured Insights