Monica Hans Folsom

Partner

Assistant:
Tori Ho
tho@delfinomadden.com
916.661.5817

Practice Areas

Employment Law, Higher Education, Intellectual Property, Litigation, Privacy

Entities of all shapes and sizes look to Monica Hans Folsom for advice regarding a variety of issues affecting their business and the workplace, from contract and shareholder disputes to all aspects of employment law compliance. Utilizing creative problem-solving skills, Monica assists public, private and non-profit entities in wading through the most difficult and often uncharted territories of complex business disputes and employment law to avoid winding up in messy litigation. When litigation ensues despite the entity’s preventive 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 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, the preservation of trade secrets and the Affordable Care Act. When a claim is filed despite comprehensive preventive advice and activity, Monica steps in to defend employers against individual and class actions initiated in federal and state courts throughout California.

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.

Outside the traditional employment and business arenas, Monica’s practice focuses on ADA accessibility counseling and litigation including physical barriers, reasonable accommodation obligations related to student disabilities and auxiliary aids and service animal requirements in the healthcare industry.

Monica is actively involved in the community through her service on the American River Parkway Foundation Summer Solstice Committee and on the Leadership Council of Inspire Giving, a program of the Sacramento Metro Chamber Foundation. She has also served on the MetroEDGE Leadership Council, is a graduate of the Leadership Sacramento 2017 class, and was President of the Barristers’ Club of Sacramento in 2013.

Representative Experience

Defended employer in purported whistleblower action for wrongful termination in violation of public policy and violation of California Labor Code section 1102.5, among other claims, and obtained summary judgment as to all claims. Summary judgment upheld on appeal.
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.
Advises contractors and subcontractors on prevailing wage compliance issues.
Advises California non-profits and local public entities on employment policies and compliance issues.
Advises largest healthcare system in California with respect to ADA access compliance issues.
Advises 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, American River Parkway Foundation Summer Solstice Committee, 2017 – present
Leadership Council, Inspire Giving, 2019 – present
Leadership Council, Special Liaison – 10th Anniversary Committee, MetroEDGE, a Program of the Sacramento Metro Chamber Foundation, 2019
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 – 2018
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, summa cum laude, 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 and Publications

Speaking Engagements/Events

2021
Employment Law Update 2021
Delfino Madden
Co-Presenter

Preparing for a Returning Workforce Amid COVID-19 as California Reopens
Delfino Madden
Co-Presenter

2020
Updates to AB 5 – Independent Contractor Law
NorCal Premier Soccer

Preparing for a Returning Workforce Amid COVID-19 as California Reopens
Delfino Madden Webinar

A New Landscape: AB 5
NorCal Premier Soccer Annual General Meeting

A New Landscape – Employment Law Update for 2020
Delfino Madden
Co-Presenter

2019
A Look Ahead – Employment Law Update for 2019
Delfino Madden
Co-Presenter

2018
New Year, New Laws: Employment Update for 2018
Delfino Madden

2017
Employment Law Guidance in Uncertain Times: Compliance for 2017
2017 Employment Law Seminar

2016
A Look Forward: Employment Law Compliance for 2016
2016 Employment Law Seminar

2015
Employment Law Update: 2014 A Year in Review
2015 Employment Law Seminar

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

Civil Litigation Practice: Year in Review
Continuing Education of the Bar
Co-Presenter

2013
Employment Law Update
Co-Presenter

Employment Law Update: 2013
Greater Stockton Employer Advisory Council
Co-Presenter

2012
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?
Presenter

2011
Counting the Hours: Increasing Accountability in Wage and Hour Practices
Sacramento Area Human Resources Association, Annual Conference
Co-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
Presenter

2010
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
Presenter

2009
Employment Law in Challenging Times
Presenter

2008
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
Presenter

2007
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
Presenter

Publications

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

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

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

2001-2002
The Transnational Lawyer
Former Staff Writer