Veronica M. Gray

Veronica M. Gray is a prominent trial attorney in Orange County, California with over three decades of experience litigating and negotiating employment issues for her clients. She is the Chair of the Employment Practice Group at Nossaman LLP where she advises employers on a broad spectrum of employment matters, including wage & hour, wrongful termination, discrimination and harassment, compliance audits, policies & procedures, employment agreements, trade secrets and unfair competition.

Veronica has a track record of partnering with her clients to embrace their issues to ensure attainment of their goals and objectives. The very nature of her practice has an impact on the business world as she counsels business owners and senior level executives in addressing their most valuable asset – the talented individuals who work at their companies. A high performing effective speaker, trainer, and mentor, Veronica regularly presents on employment and business related topics.

Veronica was recognized by Los Angeles magazine in 2011 as a Southern California "Super Lawyer" in Employment & Labor.

Posts by Veronica M. Gray

Did You Know…Additional Guidance Released by NLRB on Confidentiality and Employee-Related Investigations

By Veronica M. Gray on May 1st, 2013 Posted in Investigations, National Labor Relations Board

As we reported in August 27, 2012, in Banner Health System* the National Labor Relations Board (NLRB) ruled that an employer violates Section 7 of the National Labor Relations Act (NLRA) when it maintains a blanket policy that prohibits employees from discussing workplace investigations. On April 16, 2013, the NLRB’s Division of Advice released a memorandum of advise providing further guidance… Continue Reading

Did You Know…A Sea Change in Class Action Certification

By Veronica M. Gray on April 8th, 2013 Posted in Class Actions, Litigation

In Comcast v. Behrend, a class action case involving how much Comcast charged cable TV subscribers, the United States Supreme Court held that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding damages on a class-wide basis. Justice Antonin Scalia wrote for the majority… Continue Reading

Did You Know…New Regulations Released Governing Disability Discrimination in California

By Veronica M. Gray on March 27th, 2013 Posted in Disability Discrimination, Handbooks

As we recently reported to you at our 2013 Emerging Employment Law Seminar, the California Fair Employment and Housing Commission (FEHC) implemented new and amended regulations governing disability discrimination, reasonable accommodation, and the interactive process under the California Fair Employment and Housing Act (FEHA) (2 Cal. Code Reg. Sections 7293.5 et seq.). The regulations emphasize… Continue Reading

Did You Know…New Pregnancy Regulations in Effect in California

By Veronica M. Gray on March 27th, 2013 Posted in Disability Discrimination, Handbooks, Leave Laws

As we recently reported to you at our 2013 Emerging Employment Law Seminar, the California Fair Employment and Housing Commission (FEHC) implemented new and amended regulations addressing employers’ obligations and employees’ rights and responsibilities regarding pregnancy under the California Fair Employment and Housing Act (FEHA) (Title 2, California Code of Regulations, Sections 7291.2 et seq.). Employers… Continue Reading

Did You Know…New FMLA Regulations Are In Effect

By Veronica M. Gray on March 15th, 2013 Posted in Forms, Leave Laws, Wage and Hour

As we recently reported to you at our 2013 Emerging Employment Law Seminar, the Department of Labor’s Wage and Hour Division issued a Final Rule which amends the Family and Medical Leave Act (“FMLA”). The Final Rule primarily impacts leave for military service members and became effective on March 8, 2013. A new poster was published in… Continue Reading

Did You Know…Department of Homeland Security Issues New I-9 Form – Now in Effect

By Veronica M. Gray on March 14th, 2013 Posted in Forms, Recordkeeping

The new, revised Form I-9, Employment Eligibility Verification, is now available. Employers should begin using this new form immediately, including when reverifying documents for employees (e.g., updating due to name change, confirming new I-94 or EAD expiration date, etc.). However, the new I-9 does not need to be completed for existing employees who already have a completed… Continue Reading

Did You Know…Class Certification Denied in Wang v. Chinese Daily News

By Veronica M. Gray on March 7th, 2013 Posted in Class Actions, Court Decisions, Wage and Hour

In Wang v. Chinese Daily News, the Ninth Circuit reversed the class certification it had previously affirmed and remanded the matter for further consideration of Rule 23(a) commonality and Rule 23(b)(3) predominance. Notably, the Ninth Circuit applied the 2011 United States Supreme Court decision in Dukes v. Wal-Mart and held that Wal-Mart‘s prohibition on “trial by… Continue Reading

Did You Know…Blanket Confidentiality Requirements Regarding Employment-Related Investigations Violate Section 7 of the NLRA

By Veronica M. Gray on August 27th, 2012 Posted in National Labor Relations Board

As part of its current campaign to take more aggressive positions regarding policies applicable to nonunion workers, the National Labor Relations Board recently ruled that a human resources consultant’s routine practice of asking employees involved in employment-related investigations not to discuss them with co-workers ran afoul of the National Labor Relations Act (NLRA). The majority… Continue Reading

Did You Know…Nossaman Partner to Give Presentation on Employment Practices Insurance at Annual SHRM Conference

By Veronica M. Gray on June 25th, 2012 Posted in Events, Insurance

Joan M. Cotkin, a Nossaman partner specializing in insurance coverage issues, has been selected by the Society for Human Resource Management (SHRM) to present, “Employment Practices Insurance: Acquiring and Using EPLI To Reduce or Eliminate Exposure To Claims.” Joan will be making this presentation at SHRM’s Annual Conference & Exhibition in Atlanta, GA on Tuesday,… Continue Reading

Did You Know…New Bill Introduced in the House – Equal Employment Opportunity Restoration Act – Would Overturn Dukes Ruling

By Veronica M. Gray on June 21st, 2012 Posted in Class Actions, Discrimination, Legislation

On June 20, 2011, the United States Supreme Court decided the landmark case of Wal-Mart Stores Inc. v. Dukes which significantly impacted enforcing anti-discrimination laws (as well as other laws) by way of class actions. One year later, both Al Franken, D-Minn., and U.S. Rep. Rosa DeLauro, D-Conn., introduced the Equal Employment Opportunity Restoration Act. If… Continue Reading

Did You Know…Wage and Hour Class Actions Can Be Converted into Individual Arbitrations Which Can Significantly Reduce an Employer’s Exposure

By Veronica M. Gray on June 1st, 2012 Posted in Class Actions, Court Decisions, Wage and Hour

Employers who have arbitration agreements may be able to convert putative wage and hour class actions into individual arbitrations, reducing their potential exposure from millions (or hundreds of millions) to thousands of dollars. In 2010, the Supreme Court held in Stolt–Nielsen S.A. v. Animal Feeds Int’l Corp. that if the parties to an arbitration agreement… Continue Reading

Did You Know…Prevailing Parties in Meal or Rest Break Actions Are Not Entitled to Attorney Fees

By Veronica M. Gray and John T. Kennedy on May 9th, 2012 Posted in Court Decisions, Wage and Hour

On the heels of Brinker, the California Supreme Court ruled on April 30, 2012, in Kirby v. Immoos Fire Protection, Inc., that parties prevailing on a claim that Labor Code section 226.7 was violated are not entitled to attorney’s fees. Section 226.7, subdivision (a) prohibits employers from requiring employees to work during Industrial Welfare Commission (Wage… Continue Reading

Did You Know…EEOC Holds That Title VII Protects Transgender Employees

By Veronica M. Gray on April 27th, 2012 Posted in Discrimination

In a landmark decision on April 23, the Equal Employment Opportunity Commission (EEOC) issued a ruling concluding that “intentional discrimination against a transgender individual because that person is transgender is, by definition, discrimination ‘based on…sex’ and such discrimination…violates Title VII.” The EEOC found that discrimination against a transgender individual because that person is transgender is, by definition,… Continue Reading

Did You Know…Labor Commissioner Updates California Wage Theft Act FAQs and Template

By Veronica M. Gray on April 24th, 2012 Posted in Wage and Hour

The California Wage Theft Act (Act) (Lab. Code § 2810.5) requires employers to provide all new nonexempt hires with written notice of specific wage information including employee’s wage rates, the pay day schedule, and workers’ compensation coverage information. It also increases the penalties for nonpayment of all wages due, including overtime premiums and minimum wage… Continue Reading

Did You Know…Government Code § 996.4 Trumps Labor Code § 2802

By Veronica M. Gray on April 23rd, 2012 Posted in Court Decisions

In Thornton vs. California Unemployment Insurance Appeals Board (PDF), Thornton contended that she was statutorily entitled to reimbursement from the California Unemployment Insurance Board (“Board”) for the attorneys’ fees and other expenses she incurred in connection with the District Attorney’s and the Attorney General’s investigations of the circumstances of her hiring as an Administrative Law Judge… Continue Reading

Did You Know…The California Supreme Court Has Clarified Meal and Rest Period Obligations

By Veronica M. Gray on April 16th, 2012 Posted in Class Actions, Court Decisions, Wage and Hour

The California Supreme Court finally issued its long-awaited decision in Brinker Restaurant Corp. v. Superior Court. In a unanimous opinion, the Court held employers (1) need only provide meal and rest periods, not ensure nor police that they are taken, (2) are not required to provide a meal period every five hours (no rolling meal… Continue Reading

Did You Know…Coverage Under ADA Includes Relatively Common Mental Health Conditions

By Veronica M. Gray on April 2nd, 2012 Posted in Disability Discrimination

Recently, U.S. District Judge Edward F. Shea ruled that Cottonwood, which does business as The Cash Store, violated the Americans with Disabilities Act and the Washington Law Against Discrimination when it fired manager Sean Reilly, who suffers from bipolar disorder, from its Walla Walla, Washington store. (Equal Employment Opportunity Commission v. Cottonwood Financial Ltd., Case… Continue Reading

Did You Know…Restrictive Covenant Can Be Imposed Against Former Employees to Protect Trade Secrets

By Veronica M. Gray on March 23rd, 2012 Posted in Trade Secrets

On February 3, 2012, PSI filed a complaint against one of its former employees, Steven Souza, alleging claims for violation of the Computer Fraud and Abuse Act, violation of California Penal Code section 502, breach of contract, breach of loyalty, breach of the implied covenant of good faith and fair dealing, misappropriation of trade secrets,… Continue Reading

Did You Know…NLRB Regional Offices Won 87% of Unfair Labor Practice Cases in 2011

By Veronica M. Gray on March 12th, 2012 Posted in National Labor Relations Board

On March 8, 2012, summarizing the National Labor Relations Board’s activities in 2011, the Acting General Counsel issued a report stating that NLRB regional offices won 87 percent of unfair labor practices cases litigated before the board and administrative law judges in whole or in part in fiscal year 2011. The report noted that (1)… Continue Reading

Did You Know…Loose Lips Sink Ships

By Veronica M. Gray on March 8th, 2012 Posted in Age Discrimination, Stray Remarks

Does an age-related comment made soon before an employee’s termination constitute a stray remark or evidence of discrimination? The EEOC is arguing it is evidence of age discrimination with respect to a 71-years old employee. In October 2011, a New York federal judge rejected Bruton Fried’s claims under the Age Discrimination in Employment Act and New York… Continue Reading

Did You Know…Employees Must Preserve Documents When a Litigation Hold is in Effect

By Veronica M. Gray on March 6th, 2012 Posted in Litigation Holds

In Moore v. Gilead Sciences, Inc. [PDF], the Northern District of California sanctioned a former employee/whistleblower for destroying more than 10,000 documents on his company-issued laptop. The employee had “wiped” his hard drive several times—both before filing a complaint against his former employer and then again once after the company issued a litigation hold notice. … Continue Reading

Did You Know…Extended Recordkeeping Requirements Take Effect April 3rd

By Veronica M. Gray on February 27th, 2012 Posted in GINA, Recordkeeping

The Equal Employment Opportunity Commission’s (EEOC) final rule extending the recordkeeping requirements imposed under Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) to employers covered by Title II of the Genetic Information Nondiscrimination Act (GINA) will take effect on April 3, 2012. The rule requires the same record retention requirements mandated… Continue Reading