Marina C. Gruber
Partner
Services & Specializations
Admissions
California;
USDC, Central District of California;
USDC, Eastern District of California;
USDC, Eastern District of Washington;
USDC, Northern District of California;
USDC, Southern District of California;
USDC, Western District of Washington;
Washington
Address
3000 El Camino Real | 5 Palo Alto Square Suite 400, Palo Alto, CA 94306
Office Tel.
650.645.9003
Overview
Marina represents California employers in a wide range of actions before state and federal courts and administrative agencies. She defends against single plaintiff discrimination and harassment actions, as well as California wage and hour law class actions alleging off-the-clock work, donning and doffing claims, and meal and rest break compliance. Marina has also litigated California prevailing wage matters at the administrative and trial court levels, defending employers facing allegations of failure to pay the appropriate prevailing wage rate(s), employ apprentices, maintain certified payroll, failure of subcontractors to meet prevailing wage obligations, and disputes over whether the projects in question were public works at all. She also advises contractors on wage audits, contract negotiations, and compliance. In addition to litigation, she counsels employers in labor matters including those involving the National Labor Relations Board, handles labor arbitrations, advises on organizing campaigns, and defends against charges of unfair labor practices.
- Aggressively defended large technology company in action alleging sexual harassment and sexual assault by a nonemployee. Handled all aspects of pre-trial litigation, including extensive expert discovery. Negotiated favorable settlement. (N.D. Cal.)
- Negotiated favorable class action settlement as to California wage and hour violations on behalf of large California-based fire alarm contractor. Involved complicated issues concerning unionized and non-unionized workforces and PAGA representative action waivers in collective bargaining agreements. (Orange County Superior Court)
- Obtained summary judgment on behalf of employer in breach of contract matter. Upheld on appeal. (Johnson v. Pac. Mar. Ass’n, Cal. Ct. App., Case No. A152300)
- Second chair in PAGA representative action trial on behalf of nationwide retail client. Trial bifurcated as to individual representative plaintiff’s claims and representative group liability. Case settled after first phase of trial. (San Mateo County Superior Court)
- Defended large construction employer in multi-plaintiff prevailing wage action alleging failure to pay appropriate prevailing wage rates for asbestos abatement work. Complaint also alleged wrongful termination on behalf of several plaintiffs and sexual harassment on behalf of one named plaintiff. Obtained partial summary judgment as to wrongful termination claims. Negotiated favorable settlement as to remaining wage claims and sexual harassment allegations. (Alameda County Superior Court)
- Best Lawyers® Ones to Watch, Litigation-Labor and Employment, Employee Benefits (ERISA), 2023-2025
- Super Lawyers® Rising Stars, Labor and Employment Law, 2013-2024
- J.D., Cornell Law School, 2010
- BA (English and Political Science), University of California, Berkeley, 2006
- Speaker. “Employment Policies Under Stericycle, the New Joint Employer Standard, and Protected Concerted Activity Expansion,” California Labor & Employment Law Update, February 8, 2024.
- Co-author. “Workplace Policy Updates Required: What Employers Need to Know About the NLRB’s Stericycle Decision,” November 2, 2023.
- Co-author. “Significant Changes to Davis-Bacon Requirements Effective October 23,” September 14, 2023.
- Author. “Responding to Leave Law Claims,” Employee Leave Laws, Compliance and Litigation, CEB, 2017.
- Board of Directors, Cornell Alumni Association of Northern California, 2013-2018
- The CLUB, Silicon Valley, 2013-2022
- The Hon. William A. Ingram American Inn of Court, 2013-2019
- Mentor, Entrepreneurs’ Law Clinic, Santa Clara University School of Law, 2014-2019
- Mills, James. “Procopio Adds Davis Wright Employment Atty in Palo Alto,” Law360, August 21, 2024.