Karen M. Clemes

Of Counsel

Full Bio

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V-Card

clemesk

@ballardspahr.com

Tel 619.696.9200

Fax 619.696.9269

San Diego

Tel 801.517.6805

Fax 801.531.3001

Salt Lake City

+ Practice Areas

Litigation, Labor and Employment

+ Background & Experience

Karen M. Clemes advises major companies in both Utah and California on labor and employment matters. She represents employers in litigation defense and in preventive counseling and training. She also regularly counsels and trains clients on harassment and discrimination prevention, wage and hour issues, discipline and discharges, leaves of absence, background checks, layoffs, and investigations, among other issues. Ms. Clemes also conducts handbook and other policy reviews, provides supervisor and workforce training on employment law topics ranging from sexual harassment prevention to performance management, and conducts investigations into employee complaints.

Ms. Clemes has significant experience defending wage and hour class and representative actions, and handling employment litigation in state and federal courts as well as before administrative agencies such as the Utah Labor Commission, the Equal Employment Opportunity Commission, the California Department of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. In addition, Ms. Clemes has served as appellate counsel on various state and federal court appeals.

Before joining Ballard Spahr, Ms. Clemes was Chief Standards (Ethics) Officer and Director of the Human Resources Legal Department for The Church of Jesus Christ of Latter-day Saints. In that role, she provided strategic, employment law, and business advice to LDS senior management and HR professionals in such areas as disciplinary actions, medical issues/leaves (FMLA, ADA/disability accommodation, pregnancy laws), wage and hour issues, hiring/recruiting, reductions in force, employee relations, privacy, and other employment law issues. Prior to her position with the Church, Ms. Clemes was in private practice as an associate and then partner at Luce Forward Hamilton & Scripps, a leading California law firm, for 10 years.

Representative Matters

Defended statewide restaurant chain in wage and hour class action; case settled on very favorable terms for client while opposition to class certification motion was pending
Defended national retail company in wage and hour class action; case settled on terms favorable to client
Defended second statewide restaurant chain in wage and hour class action; case settled on very favorable terms for client before certification motion was filed
Defended local nonprofit corporation in wage and hour class action; successfully defeated motion for class certification
Defended national real estate developer in wrongful termination/retaliation action; achieved walkaway settlement for client after conducting discovery, including taking plaintiffs' depositions
Defended national electronics company in disability discrimination/wrongful termination action; achieved walkway settlement for client shortly before trial after winning and successfully opposing key motions in limine
Defended clinical laboratory company in FMLA/CFRA violations/wrongful termination case; achieved walkaway settlement after conducting discovery and taking plaintiff's deposition
Defended national insurance company in wrongful termination case; won summary judgment in federal district court; successfully opposed appeal to the Ninth Circuit Court of Appeals
Defended national utilities company in misappropriation of trade secrets, unfair competition, and breach of contract claim; case settled for low amount
Defended national medical devices company in Unruh Act and sexual harassment action; case settled on terms favorable to client while motion for summary judgment was pending
Represented plaintiff title company in breach of contract, misappropriation of trade secrets, and unfair competition suit; defendant competitor agreed to restrictive covenants and paid nearly $400,000 settlement to client
Defended national clinical research trial company in discrimination/wrongful termination claim; case settled for nominal sum in early stages of case
Defended national defense contractor in wrongful termination/discrimination action; case settled for nuisance value after conducting discovery and taking plaintiff's deposition
Defended national retail company in discrimination action; won summary judgment

Judicial Clerkships/Externships

Judicial clerk, Hon. David R. Thompson, U.S. Court of Appeals for the Ninth Circuit, 1998-1999

Judicial extern, Hon. Rudi M. Brewster, U.S. District Court for the Southern District of California, 1998

+ Professional Highlights

Professional Activities

Association of Corporate Counsel

Former Barrister, The Honorable J. Clifford Wallace American Inn of Court, San Diego

Faculty member, San Diego State University Human Resources Certification Program, 2006-2008

Recognition & Accomplishments

Recipient, ACC Mountain West Chapter's "Outstanding New Corporate Counsel" award, January 2011

Publications

Co-author, "CA Supreme Court Rules on Employers’ Meal Break Obligations," Ballard Spahr alert, April 17, 2012

Co-author, "Computer Fraud and Abuse Act Applies Only to Hackers, Not Thieving Workers, 9th Circuit Rules," Ballard Spahr alert, April 13, 2012

Speaking Engagements

Ms. Clemes was a frequent in-house presenter to the LDS Church on prevention of harassment/discrimination/retaliation, medical issues in the workplace, performance management and documentation, and other employment law topics. She also provided extensive investigations training to HR, and harassment and discrimination prevention training for employees and supervisors for many clients.