• Mandana Massoumi

    Partner
    Litigation
    mmassoumi@manatt.com
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    Costa Mesa
    Direct: 714.338.2726
    General: 714.371.2500
    Fax: 714.371.2550

    Education

    University of San Francisco School of Law, J.D., 1997
    Moot Court Board of Directors
    Moot Court Honors

    University of California, San Diego, B.S., 1993
    Dean’s Honors

    Bar Admissions
    State of California
    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements

    Profile

    Mandana Massoumi is a partner in the firm's Orange County office and a member of the Employment & Labor Practice Group within the Litigation Division. She defends employers in class actions and other complex employment litigation, handling a wide range of matters, including claims brought under the Fair Labor Standards Act, various provisions of the California Labor Code, California Business and Professions Code, the National Labor Relations Act, ERISA, and whistle-blower statutes. Ms. Massoumi also has extensive experience defending employers in both state and federal court against claims of discrimination, harassment, retaliations, medical leave, antidiscrimination laws and misappropriation of trade secrets. She has successfully defeated these claims by obtaining victory at summary judgment, or defense verdict at trial.

    Ms. Massoumi regularly advises a wide range of businesses on various labor and employment issues, including wage and hour matters and reasonable accommodation under the Americans with Disabilities Act, the Family Medical Leave Act and the Fair Employment and Housing Act. She also designs audits and training related to these topics.

    She is a frequent presenter on a wide variety of employment topics and has been repeatedly nominated by the Orange County Business Journal for their yearly Women in Business Award, among other notable honors.

     

    Representative Matters

    Represented client on age and disability discrimination claims; obtained defense verdict at arbitration. 

    Obtained summary judgment for defendants on all claims, including those based on wrongful termination, race and medical leave discrimination. 

    Obtained dismissal of complaint alleging claims of dress code violation pursuant to the PAGA.

    Obtained summary judgment on complaint with claims of failure to pay wages, provide meal breaks, paystub violation, waiting time penalties and unfair competition.

    Obtained summary judgment on complaint with claims for wrongful termination and sexual harassment. 

    Won demurrer and motion to strike on plaintiff's claims for emotional distress, national origin, race, age and sex discrimination. 

    Won motion to dismiss on complaint of failure to pay overtime wages, failure to pay wages, failure to provide meal and rest breaks, the PAGA and unfair competition claims.

    Obtained summary judgment on plaintiff's claims for intentional infliction of emotional distress and constructive termination and resolved remaining claims for nominal value. 

    Obtained summary judgment on disability discrimination and wrongful termination claims.

    Represented client in constructive discharge, retaliation, emotional distress and false imprisonment case. Obtained an early favorable resolution following plaintiff's deposition. 

    Represented client in unfair competition, misappropriation of trade secrets, and interference with prospective economic advantage claims. Obtained favorable resolution after start of trial. 

    Obtained summary judgment on all complaint of sexual harassment, discrimination, battery, wrongful discharge and unfair competition.

    Class-Action Litigation: Extensive experience in defending against class-action litigation involving claims of misclassification, off-the-clock work, failure to pay overtime wages, failure to provide meal and rest breaks, dress code, paystub and other employment-related claims alleged pursuant to California wage and hour laws, California Business and Professions Code Section 17200, et seq., and the FLSA. Ms. Massoumi has successfully won motions to strike and motions to dismiss complaints alleging wage and hour class allegations. A sample of Ms. Massoumi's wage and hour class-action experience includes:

    • Dauod v. Ameriprise Financial (USDC, Central Dist.) - Won motion for summary judgment, pre-certification; obtained dismissal of all class-action and representative claims (including meal and rest break violations, failure to pay wages, paystub violations, etc., raised under California Labor Code and FLSA). 
    • King v. Merrill Corporation (LASC) - Won motion to strike all class and representative allegations in meal and rest break class-action. Obtained dismissal of all class-action claims.
    • Narouz v. Charter Communications (USDC, Central Dist.) - Won motion to strike limiting statute of limitations on meal break and itemized wage statements to only one year (instead of three) and obtained nominal settlement.

    Honors & Awards

    Leading Labor and Employment Attorney, Daily Journal, 2014.

    Super Lawyers, 2011-2014.

     

    Publications

    Coauthor, Wage and Hour Handbook: Federal and Minnesota, Minnesota CLE, First Edition (Chapter 14), California Wage and Hour Issues (2011)

    Memberships & Activities

    Admitted to practice in California

    Admitted to practice in the U.S. District Courts for the Northern, Central, Southern and Eastern Districts of California

    Admitted to practice in the United States Court of Appeals for the Ninth Circuit

    Member, Orange County Coastkeeper, Board of Directors, 2013

    Member, United Way Women Looking Forward & Leadership Council, 2010

    Member, Family Service Team, Orange County, 2010 to present

    Speaking Engagements

    “Emerging Litigation Trends and New Updates in California Employment Law,” 2013 Upper Midwest Employment Law Institute, May 2013, Minnesota

    “The Evolving Workplace and Its Impact on Wage and Hour Litigation: New and Emerging Developments in Employment Practices, Including Alternative Work Arrangements, Working Remotely, and the Use of Social Media,” American Conference Institute’s 15th National Forum on Wage & Hour Claims and Class Actions, 2013, New York

    “California Fair Employment & Housing Act Disability Requirements,” National Employment Law Institute: California Employment Law Briefing, 2013, Los Angeles

    “California Fair Employment & Housing Act Disability Requirements,” National Employment Law Institute, 2012

    “Case Study on AT&T Mobility v. Concepcion: How to Use the Case and Its Progeny as a Tool for Avoiding Class Treatment and Preventing Litigation,” American Conference Institute’s 14th National Forum on Wage & Hour Claims and Class Actions, 2012

    “Wage & Hour Litigation: Focus on the Hotbed of California,” American Conference Institute’s 14th National Forum on Wage & Hour Claims and Class Actions, 2012

    “2011 Updates and Best Practices for Managing Employee Medical Leaves,” PIHRA Legal Update, 2012

    “On the Brink: Top 10 California Wage & Hour Updates for HR Professionals to Avoid Liability in a Down Economy,” Professionals In Human Resources Association (PIHRA), August 2011

    “California Wage-Hour Law: Understanding the Rules and Avoiding Missteps When Implementing Cost-Saving Measures,” 2011 Upper Midwest Employment Law Institute, May 2011

    “Insights for Managing Risks and Avoiding the Pitfalls of Wage & Hour Claims, and Wage and Hour Litigation Focus on the Hotbed of California,” American Conference Institute, Wage Hour Claims and Class Actions, 2011

    “Keep Your Eye on the Ball: Legal Ethics Presentation for In-House Counsel,” Association of Corporate Counsel of America (ACCA), 2010

    “Top Wage and Hour Concerns in a Down Economy,” Wage and Hour Conference of Bridgeport Continuing Education, 2009

    “Cost-Effective Legal Strategies,” 2nd Annual Association of Corporate Counsel of America Evening at the Ballpark, 2009

    “Conquer the Changing Workplace: Workplace Employment Updates,” Employer’s Group, 2008

    “You’re Fired! The Apprentice Meets Retaliation,” Washington State Council, 2007 Employment Law & Legislative Conference

    “Golden State in the Apple Orchard: California Law for Non-California HR Professionals,” Washington State Council, 2007 Employment Law & Legislative Conference

    “Conquer the Changing Workplace: Workplace Employment Updates,” Employer’s Group, 2006

    “Survival Guide for Employers on the Left Coast,” Minnesota Employment Law Counsel, 2005

    “Understanding Workplace Leave Laws: ADA, FMLA, FEHA, PDL,” Council on Education in Management, 2003-2004

    “Employment and Labor Law Issues,” Lorman Educational Series, 2001