Brooke B. Tabshouri

Special Counsel

  • Brooke B. Tabshouri
  • Phone: +1 619 744 2251

    Import to Address Book

  • Duane Morris LLP
    750 B Street, Suite 2900
    San Diego, CA 92101-4681
    USA

Brooke B. Tabshouri practices in the area of employment and labor law. Ms. Tabshouri has extensive experience counseling and advising clients in employment law issues, drafting employment policies and handbooks, and providing employee training, including required harassment training for managers in California. She also has significant employment litigation experience, including jury trial experience.  Ms. Tabshouri also advises and defends employers and management in litigation, at the state and federal level, against claims of harassment, discrimination, retaliation, wrongful termination, wage and hour violations and trade secrets theft.

In 2021, Ms. Tabshouri was the recipient of the Margery Reed Professional Excellence Award from Duane Morris' Women's Impact Network for Success (WINS). The award recognizes significant contributions toward creating, modeling, and/or mentoring others regarding issues of work-life management. 

Ms. Tabshouri is a 2011 graduate of Boston University School of Law and a graduate of the University of California, Davis. Prior to joining Duane Morris, she worked at a national labor and employment law firm, as an instructor at San Diego State University's human resources certificate program and as a research attorney for the Hon. Richard D. Huffman of the Fourth District Court of Appeal. Ms. Tabshouri is a member of the Sault Ste. Marie Tribe of Chippewa Indians of Sault Ste. Marie, Michigan, a federally-recognized tribe.  She is also an author and published novelist. 

Areas of Practice

  • Employment and Labor Law and Litigation

Representative Matters

  • Represented and defended manufacturing client against a wage-hour audit brought by Department of Labor.

  • Represented multiple employers before the Division of Labor Standards Enforcement in settlement conferences and hearings.

  • Drafted position statements in defense of claims brought against employers by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the Division of Labor Standards Enforcement’s Retaliation Complaint Investigation Unit, resulting in a dismissal of claims by the agencies.

  • Conducted investigations of harassment, discrimination, and retaliation and provided recommendations regarding appropriate corrective action.

  • Conducted in-house training for clients in various industries, including mandatory sexual harassment training for supervisors in California, discipline and discharge procedures, wage and hour compliance, leave of absence administration and effective internal investigations.

  • Represented multiple professional employer organizations against allegations of wage and hour violations under a theory of joint employer liability.

  • Represented large manufacturing company in multi-million-dollar class action involving allegations of unpaid vacation time, unpaid wages, off-the-clock work, failure to properly calculate overtime compensation, and failure to provide meal and rest periods.

  • Advised and counseled clients regarding options for compensating employees paid on a commission or productivity basis in compliance with state laws, including how to navigate and meet all requirements for California’s inside sales exemption.

  • Obtained a defense verdict at trial on allegations of sexual harassment, discrimination, retaliation, and wrongful termination.

  • Drafted compensation and commission agreements (including productivity bonus pay, commissions, and incentive pay) for employees across a wide variety of industries.

  • Drafted employee handbooks, standalone policies, employee acknowledgements, employment applications, required employee notices, and employee onboarding and offboarding documents.

  • Assisted clients in complying with alternate workweek election requirements, including drafting all required notices and ballots.

  • Conducted labor and employment due diligence on international mergers and acquisitions.

  • Provided training and instruction regarding calculation of rest break pay in compliance with the California Labor Code.

  • Provided ongoing advice to clients regarding employee discipline, employee disputes over pay and enforcement of policies, and regarding high-risk and executive separations to avoid litigation and achieve business objectives.

    • Pro Bono

  • Successfully obtained a T visa for a transgender woman from Mexico who was a victim of sex trafficking.

Admissions

  • California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of California

Education

  • Boston University School of Law, J.D., 2011
    - Legal Writing Fellow
  • University of California, Davis, B.A. in English and International Relations, 2006
    - Royal Holloway, University of London, 2004-2005

Experience

  • Duane Morris LLP
    - Special Counsel, 2021-present
    - Associate, 2017-2021
  • Fisher & Phillips LLP
    - Associate, 2012-2017
  • San Diego State University
    - Adjunct Instructor, "Human Resources Management and the Law," 2016-2017
    - Guest Speaker, "Human Resources Management and the Law," 2013-2015
  • California Court of Appeal, Fourth District, Division One
    - Research Attorney & Judicial Extern for Justice Richard D. Huffman, 2011-2012
    - Judicial Extern for Justice Richard D. Huffman, 2011

Professional Activities

  • San Diego HR Forum
    - Director of Legal Education, 2018-2021
    - Board of Directors and Chair of Registration Committee, 2016-2021
  • Lawyers Club of San Diego, 2012-present
  • San Diego Native American Lawyers Association

Honors and Awards

  • Selected by the California Legal Awards as a "Lawyer on the Fast Track," 2023
  • Recipient of the Margery Reed Professional Excellence Award from Duane Morris' Women's Impact Network for Success (WINS), 2021. The award recognizes significant contributions toward creating, modeling, and/or mentoring others regarding issues of work-life management. 
  • Named to Best Lawyers "Ones to Watch," 2021-2024

  • Listed in Super Lawyers Rising Stars

  • San Diego Daily Transcript Top Young Attorney for San Diego County, 2013 and 2014

Selected Publications

Selected Publications

Selected Speaking Engagements

  • Presenter, "The Data Privacy and Security Landscape: Privacy Issues in AI," Duane Morris Webinar, September 14, 2023
  • Speaker, “Compliance Workshop,” Career Education Colleges and Universities Convention, June 20, 2023
  • Speaker, "Labor Law Update," Association of Legal Administrators, February 14, 2023
  • Speaker, "West Coast States Legal Update," Duane Morris Institute (DMi), Webinar March 14, 2023
  • Speaker, "2022 Wage & Hour Updates for the Hourly Workforce - Wage and Hour Updates in California That You Need to Know," EPAY Systems Webinar, October 27, 2022
  • Speaker, "Beyond the OSHA ETS COVID-19 Vaccine/Testing Mandates and Workplace Safety," Duane Morris Institute (DMi) Webinar, January 26, 2022

  • Speaker, “2021 Wage & Hour Updates: California’s New Legislation That All U.S. Employers Need To Know,” EPAY Systems Webinar, December 9, 2021

  • Speaker, “Employment Law, COVID, and Privacy—Oh My!” San Diego HR Forum 2021 Legal Update, December 7, 2021

  • Speaker, "The California Employment Law Landscape Has Changed (Again!)," Association of Corporate Counsel, Webinar, November 4, 2021

  • Speaker, “Special Session Community Bootcamp for Entrepreneurs”, Center for Leadership and Entrepreneurial Studies, October 2, 2021

  • Speaker, "'Leave' Me Alone! Understanding California’s Complex Leave Law System," San Diego HR Forum, San Diego, August 16, 2021
  • Speaker, "What the 2021 Changes to California Leave Laws Mean for Employers of All Sizes," Duane Morris Institute (DMi), Webinar, February 11, 2021
  • Speaker, "What's Coming in 2021? Come and learn from our Law Day!" San Diego HR Forum, December 15, 2020
  • Presenter, "COVID-19: From Sea to Shining Sea: A Quick Update of U.S. and International COVID-Related Restrictions," Duane Morris LLP, Webinar, December 11, 2020
  • Speaker, "State Law Updates, Including COVID-19 Workplace Laws and Regulations," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, November 12, 2020
  • Speaker, "Paradigm Shift: Reengineering Your Workforce for the COVID-19 Era and Beyond," EPAY Systems, Webinar, June 24, 2020
  • Speaker, "COVID19 Planning - Ramping Up vs. Flipping a Switch: Getting Back to Business as Usual?," Duane Morris Webinar, April 28, 2020

  • Presenter, "Intersecting California Leave Laws: What Employers Need to Know," Duane Morris Institute (DMi) Webinar, February 20, 2019

  • Speaker, "Next Generation of Human Resources 2018 Legal Update," Eastridge Workforce Solutions - HR Division, March 28, 2018

  • Presenter, "Intersecting California Leave Laws: What Employer's Need to Know," Duane Morris Institute (DMi) Webinar, March 13, 2018

  • Speaker, "Risk Management-Is Your House in Order?" Duane Morris and BB&T Briefing, San Diego, October 12, 2017
  • "California Workplace Investigations from Complaint to Closure: Step-by-Step Instructions for the HR Pro," BLR®—Business & Legal Resources, September 17, 2015
  • "FMLA/CFRA Master Class: Meeting FMLA/CFRA Deadlines, Curbing Abuse, and Preventing Claims," BLR®—Business & Legal Resources, May 12, 2015
  • "FMLA Abuse," Clear Law Institute, November 5, 2014
  • "Taking the Bully By the Horns: Understanding and Preventing Workplace Bullying," BLR®—Business & Legal Resources, October 29, 2014
  • "When It's Just Not Working Out: Employee Discipline and Terminations" Clear Law Institute, August 18, 2014
  • "FMLA Abuse," Webinar Presenter, Clear Law Institute, August 7, 2014
  • "Paying Interns and Seasonal Employees," Clear Law Institute, June 23, 2014
  • "CFRA/FMLA Abuse: How to Identify and Legally Prevent Employees From Working the System," BLR®—Business & Legal Resources, June 18, 2014
  • "Paying Interns and Seasonal Employees: How to Ace your Federal Wage and Hour Obligations," BLR®—Business & Legal Resources, May 8, 2014