What Employment Litigation Associates Do Daily | Career Guide

Dear Christine U.,

The Reality Behind Employment Litigation Practice

Employment litigation associates work at the intersection of workplace law and high-stakes disputes, handling everything from individual discrimination claims to massive class action wage and hour cases. Unlike other litigation practices that might focus on contract disputes or IP battles, employment law touches every aspect of the modern workplace — making it one of the most dynamic and consistently busy practice areas.

The work varies dramatically depending on your firm's client base and geographic market, but there are some universal elements that define the practice.

Core Responsibilities and Case Types

Employment litigation associates typically juggle multiple case types simultaneously. You'll handle traditional discrimination and harassment claims under Title VII, ADA, and state civil rights laws, but increasingly, the practice has expanded into complex areas like wage and hour class actions, trade secrets litigation, and emerging issues around remote work policies.

California markets present unique opportunities, particularly around PAGA (Private Attorneys General Act) cases and wage and hour class actions. Following the 2024 PAGA reforms (AB 2288/SB 92), which introduced manageability requirements, cure opportunities, and penalty reductions for proactive compliance, California-specific expertise remains valuable (verify current requirements as implementation continues to evolve). Bay Area firms have shown consistent demand for PAGA expertise. The state's complex employment laws around meal breaks, overtime calculations, and contractor classification create constant litigation.

On the defense side, you'll spend significant time on case management — reviewing personnel files, coordinating with HR teams, and developing litigation strategy. Plaintiff-side work involves more client counseling and case development, often working directly with individual employees who've experienced workplace violations.

Daily Workflow and Client Interaction

Unlike transactional practices where you might go weeks without client contact, employment litigation involves constant client interaction. You'll regularly communicate with in-house counsel, HR departments, and individual employees depending on which side you represent.

A typical day might include reviewing employee handbooks for compliance issues, drafting discovery responses, taking depositions of former employees, or preparing witnesses for trial. The work is document-intensive — employment cases generate massive amounts of emails, personnel files, and electronic communications that need review and analysis.

Many associates find the human element of employment law more engaging than pure commercial disputes. You're dealing with real workplace situations and helping resolve conflicts that directly impact people's livelihoods and careers.

Market Demand and Geographic Variations

Employment litigation demand remains consistently strong across most markets, but certain regions offer particular advantages. Seattle and Pacific Northwest markets have seen increased demand due to tech layoffs and the unique employment law landscape created by Washington's noncompete restrictions (verify current requirements as laws evolve). Amazon, Microsoft, and Meta's presence drives substantial corporate employment work at firms like Perkins Coie and Davis Wright Tremaine.

Employment litigation has historically shown resilience during economic downturns, though individual firm experiences may vary — economic downturns often increase employment litigation as companies conduct layoffs and employees face workplace challenges. This stability makes it attractive for associates seeking predictable career paths.

Lifestyle Considerations and Career Trajectory

Regarding work-life balance, employment litigation work-life balance varies significantly by firm, but often avoids the deal-driven intensity of some other practice areas. You won't face the deal-driven all-nighters common in M&A or capital markets, but trial preparation and discovery deadlines can create intense periods.

The practice offers multiple exit opportunities. Many associates transition to in-house roles with former clients, while others move to boutique employment firms or start their own practices. The skills translate well to labor relations, HR consulting, and general employment counseling roles.

For associates considering this transition, the learning curve is manageable if you have solid litigation fundamentals. Employment law has its own vocabulary and procedural requirements, but the core skills of case management, discovery, and motion practice transfer directly from commercial litigation.

If you're evaluating compensation expectations for different markets, the Cravath scale calculator can help you understand how employment litigation salaries compare to other practice areas across different firm sizes and regions.

Building Expertise and Specialization

Employment litigation allows for various subspecializations. Some associates focus on wage and hour class actions, others specialize in executive compensation disputes or trade secrets litigation. The emerging area of AI and employment law is creating new opportunities for associates who can develop expertise in algorithmic hiring, workplace surveillance, and automated decision-making compliance.

The key to success in employment litigation is understanding that you're not just practicing law — you're helping navigate one of the most complex and evolving areas of business operations. Every new workplace trend, from remote work to gig economy classification, creates new legal challenges and opportunities for skilled practitioners.