Skills California Employment Litigation Firms Want in Laterals

Dear Andrew H.,

California-Specific Legal Expertise Remains King

The California employment litigation market continues to demand attorneys who understand the state's unique regulatory landscape, even after the 2024 PAGA reforms (AB 2288/SB 92) introduced manageability requirements and cure opportunities that reshaped the playing field (verify current requirements as implementation continues to evolve). Firms are particularly interested in candidates who grasp the intricacies of California's wage and hour laws, which remain among the most employee-friendly in the nation.

The most sought-after experience includes familiarity with meal and rest break requirements, overtime calculations under California law, and the state's distinctive approach to class certification in wage and hour cases. Knowledge of AB5 and gig worker classification issues has become especially valuable as firms continue handling fallout from the legislation's impact across industries.

Class Action and Complex Litigation Skills

California employment litigation firms consistently prioritize candidates with substantial class action experience. The market shows that attorneys who can handle large-scale wage and hour disputes, manage complex discovery, and navigate multi-district litigation are in particularly high demand.

Firms typically evaluate candidates based on their ability to:

• Draft and argue dispositive motions in complex employment cases
• Manage class certification proceedings and settlement negotiations
• Handle discovery in cases involving thousands of potential class members
• Work effectively with economic experts and damages calculations

Bay Area firms especially value experience with tech layoff litigation, which has surged following recent industry downsizing. AI employment law is emerging as a subspecialty, with some technology-focused firms seeking attorneys who can navigate this evolving area.

Regulatory Knowledge and Compliance Experience

The regulatory complexity of California employment law creates consistent demand for attorneys who understand both litigation and compliance. Cal/OSHA expertise has become increasingly valuable, particularly for firms advising clients on workplace safety obligations that go well beyond federal requirements.

Recent pay transparency laws have created another niche area where firms need guidance capabilities. Candidates who can counsel clients on compliance while also defending related litigation claims offer dual value that firms find attractive.

Industry-Specific Experience Can Differentiate Candidates

While broad employment litigation skills form the foundation, candidates with specific industry knowledge often have advantages in the California market. The state's diverse economy creates opportunities for specialization:

Technology and startups: Understanding equity compensation, confidentiality agreements, and the unique employment challenges of high-growth companies resonates with Silicon Valley firms.

Healthcare and life sciences: California's massive healthcare sector generates complex employment issues around licensing, compliance, and workplace safety that require specialized knowledge.

Entertainment and media: Los Angeles firms value candidates who understand the industry's unique employment arrangements, union relationships, and intellectual property considerations.

Business Development and Client Management

California's competitive employment litigation market rewards attorneys who can contribute to firm growth. Many lateral candidates find that firms evaluate their ability to maintain existing client relationships and develop new business opportunities.

This includes demonstrated success in:

• Building relationships with in-house counsel at California companies
• Speaking at employment law conferences and contributing thought leadership
• Understanding the business context of employment decisions, not just legal compliance

Strategic Positioning for Out-of-State Candidates

For attorneys currently practicing outside California, firms typically evaluate transferable skills rather than requiring extensive state law experience upfront. Strong candidates often emphasize their federal employment law knowledge, complex litigation skills, and industry expertise while expressing genuine interest in California practice.

Candidates typically find success by focusing on their class action experience, motion practice skills, and any multi-jurisdictional cases they've handled. If you're considering the move, you might want to check the bar reciprocity requirements since California typically doesn't offer reciprocity and generally requires the full bar examination - verify current requirements with the State Bar of California.

The California employment litigation market remains robust, with wage and hour class actions continuing to generate substantial work despite recent legislative changes. Many firms report difficulty finding qualified candidates, particularly those who combine strong litigation skills with business judgment and the ability to counsel clients on compliance issues before they become litigation problems.