Monica S. Hans

Partner—Employment Law, Business Litigation, Higher Education

Entities of all shapes and sizes look to Monica Hans for advice regarding a variety of issues affecting the workplace, from wage and hour compliance to sexual harassment and discrimination.

Utilizing creative problem solving skills, Monica assists public, private and non-profit entities wade through the most difficult and often uncharted territories of employment law to avoid winding up in messy litigation. When litigation ensues despite the employer’s preventative measures, these entities look to Monica’s extensive litigation experience to make effective business decisions on how to proceed.

Monica counsels clients on all aspects of labor and employment law, including the Affordable Care Act, Affirmative Action, obligations related to the interactive process and reasonable accommodations, sexual harassment prevention and anti-harassment training, wage disputes, independent contractor and employment agreements, discipline and termination, workplace investigations, wage and hour audits, workplace violence, employment policies, and the preservation of trade secrets. When even comprehensive preventative counseling results in the filing of a claim, Monica steps in to defend employers against individual and class actions initiated in federal and state courts throughout California.

Outside the employment arena, Monica’s practice focuses on ADA accessibility counseling and litigation, including but not limited to physical barriers, reasonable accommodation obligations related to student disabilities, and auxiliary aids and services animal requirements in the healthcare industry.

Monica also represents clients in general business litigation, including director and officer liability and constitutional law. Monica regularly mediates, arbitrates and litigates business disputes over contractual obligations, breach of fiduciary duty claims, and shareholder disputes.

Monica is actively involved in the community through her position on the MetroEDGE Leadership Council as Secretary and as a member of the Leadership Sacramento 2017 class. As President of the Barristers’ Club of Sacramento in 2013, Monica worked collaboratively to lead the organization in its mission to provide educational and networking opportunities to new attorneys as they enter the Sacramento legal community.

 

monica-4660-crop-2
 mhans@delfinomadden.com
916.661.5685

Assistant: Dana Reeder
 dreeder@delfinomadden.com
 916.661.5697

Representative Experience

  • Represented growing technology company in a wage and hour action involving claims brought under the Private Attorney General’s Act (PAGA) and age discrimination to reach an early resolution through a favorable settlement.
  • Defended large regional non-profit community-based organization to reach a favorable settlement on two lawsuits filed by a former employee collectively asserting wage and hour claims based on alleged misclassification and race and disability discrimination.
  • Assisted in the representation of an individual to successfully overcome a motion brought by a labor union defendant and its employees/members under California’s anti-SLAPP statute. Price v. Operating Engineers Local Union No. 3, 195 Cal. App. 4th 962 (2011).
  • Assisted in the representation and favorable outcome in a sex discrimination lawsuit filed in the Eastern District of California. The client prevailed in the case following summary judgment, which was upheld on appeal to the Ninth Circuit Court of Appeals.
  • Assisted in the defense a nationwide class-action lawsuit filed in the Central District of California, asserting misclassification, overtime, and off-the-clock claims. Prepared briefs in support of a motion for partial summary judgment and in opposition to class certification, which led to successful resolution of the case through a favorable settlement.
  • Prepared comprehensive audit reports to advise investment clients in relation to labor and employment law risks and liabilities with respect to several business transactions in California, Oregon, Washington, and Hawaii.
  • Advise contractors and subcontractors on prevailing wage compliance issues.
  • Advise California non-profits and local public entities on employment policies and compliance issues.
  • Advise largest healthcare system in California with respect to ADA access compliance issues.
  • Advise businesses regarding ADA, Section 504 of the Rehabilitation Act of 1973, Unruh Civil Rights Act, and California Disabled Persons Act compliance, including landlord and tenant obligations vis-a-vis one another and the development of policies for the provision of auxiliary aids to persons with sensory and communications disabilities to ensure effective communication.

Professional Affiliations

Professional, Community And Pro Bono Involvement

  • Member, Leadership Sacramento Class of 2017, a Program of the Sacramento Metro Chamber Foundation
  • Leadership Council, Secretary, MetroEDGE, a Program of the Sacramento Metro Chamber Foundation, 2017
  • Leadership Council, Chair – Networking & Events Committee, MetroEDGE, a Program of the Sacramento Metro Chamber Foundation, 2016
  • Leadership Council, Co-Chair – Networking & Events Committee, MetroEDGE, a Program of the Sacramento Metro Chamber of Commerce, 2015
  • Founding Member, MetroEDGE, a Program of the Sacramento Metro Chamber of Commerce, 2009-Present
  • Member, Inspire Giving, a Program of the Sacramento Metro Chamber Foundation, 2016-Present
  • Member, 100+ Women Who Care, Greater Sacramento Valley, 2015-Present
  • President, Barristers’ Club of Sacramento, 2013
  • Board Member, Barristers’ Club of Sacramento, 2007-2014
  • Board Member, Sacramento County Bar Association, 2013
  • Member, Sacramento County Bar Association, 2004-Present
  • Member, Sacramento County Bar Association, Labor & Employment Law Section, 2007-Present
  • Member, California State Bar, Labor & Employment Law Section, 2007-Present
  • Member, Sacramento Area Human Resource Association (SAHRA), Legal & Legislative Committee, 2007-2014
  • Member, Association of Defense Counsel of Northern California, 2004-2006
  • Past Active Member, Active 20-30 Club of Greater Sacramento #1032

Education

J.D., University of the Pacific, McGeorge School of Law, Order of the Coif, 2003
B.A., California State University, Chico, with highest honors, 2000

Bar Admissions

California, 2003

Court Admissions

United States Court of Appeals Ninth Circuit
United States District Court Central District of California
United States District Court Eastern District of California
United States District Court Northern District of California

News & Publications

Speaking Engagements / Events

2017

January 12, 2017
Employment Law Guidance in Uncertain Times: Compliance for 2017
2017 Employment Law Seminar

2016

January 14, 2016
A Look Forward: Employment Law Compliance for 2016
2016 Employment Law Seminar

2015

January 15, 2015
Employment Law Update: 2014 A Year in Review
2015 Employment Law Seminar

2014

January 30, 2014
Are You Ready for 2014? Many New Laws Will Affect California Employers
2014 Employment Law Seminar

Co-presenter
“Civil Litigation Practice: Year in Review,” Continuing Education of the Bar

2013

Co-presenter

“Employment Law Update”

January Co-presenter
“Employment Law Update: 2013” Greater Stockton Employer Advisory Council

2012

Presenter
“Learning About Learned Professionals and Other Updates to White-Collar Exceptions,” Sacramento Area Human Resources Association

Presenter
“Employment Law 2012: What’s Your Next Move?”

2011

Co-Presenter
“Counting the Hours: Increasing Accountability in Wage and Hour Practices,” Sacramento Area Human Resources Association, Annual Conference

Presenter
“How to Properly Handle Disabled Employees in the Workplace and Avoid Litigation,” Sacramento Area Human Resources Association

Presenter
“Employment Law Update: A Review of Changes for 2011”

2010

Presenter
“Employment Law Update 2010: Current Issues and Future Trends”

Presenter
“Evaluations, Retaliations, Grievances, and Discipline–A Primer on Navigating Tricky California Employment Issues in an Ailing Economy,” Sacramento Area Human Resource Association

2009

Presenter
“Employment Law in Challenging Times”

2008

Presenter
“How to Properly Hire, Fire, and Discipline Employees,” Nonprofit Resource Center

Presenter

“How to Properly Hire, Fire, and Discipline Employees,” Sacramento Area Human Resource Association

Presenter
“What Will They Think of Next: Changes in Employment Law for 2008”

2007

Presenter
“A Human Resources Tool Box for Managers and Supervisors”

Presenter
“Make Sense of California Leave Laws: Intersection and Overlap,” Sacramento Area Human Resource Association

Presenter

“Employment Law 2007: What You Need to Know Now”

Publications

February 2014
Employment Law Update: There Are Many New Employment Laws Going Into Effect In 2014
California Grocers Magazine

 June 2013
Horne v. Department of Agriculture – A Small Step in the Right Direction or Simply a False Sense of Hope for Handlers of Agricultural Commodities?
California State Bar Business Law Section

 2002-2003
The Transnational Lawyer
Former Chief Managing Editor

 2001-2002
The Transnational Lawyer
Former Staff Writer

 2002
Providing for Uniformity in the Exercise of Universal Jurisdiction: Can Either the Princeton Principles on Universal Jurisdiction or an International Criminal Court Accomplish this Goal?
15 Transnat’l Law. 357, Author