Attorneys

Eileen P. Kennedy

Associate

Employment Law; Employment Litigation

Ms. Kennedy has extensive experience counseling clients on federal and state employment laws and practices, including recruitment, hiring, employee/contractor classification, exempt/non-exempt status, compensation issues, leaves of absence, workplace accommodations, workplace privacy, discipline, and termination of employment.

Ms. Kennedy has over ten years of litigation experience defending companies and individual managers in employment-related and other business disputes.  She has successfully defended employers in state courts, before the California Labor Commissioner, the Equal Employment Opportunity Commission, and the Department of Fair Employment and Housing.

Ms. Kennedy returns to Berliner Cohen where for eight years she represented a wide variety of companies, including semiconductor, real estate, hospitality, medical and professional services businesses on employment law issues, and in all stages of litigation.

Ms. Kennedy previously served as corporate counsel for a publicly-traded, global chip manufacturer and Integrated Device Technology, Inc., an analog/digital technology company, where she advised executives, directors and human resources managers on federal and state employment laws while overseeing compliance with U.S. immigration and international employment laws.  She previously practiced employment law with two firms in Buffalo, New York.

Education/Honors

  • State University of New York at Buffalo, J.D., cum laude, 1994
    • Buffalo Law Review, Publication Editor
    • Jessup International Moot Court Board, Member
  • State University of New York at Albany, B.A., cum laude, Political Science, 1991

Representative Cases

  • Successfully persuaded appellate court to affirm trial court’s dismissal of employee’s claim for unpaid overtime wage
  • Negotiated a favorable settlement for local manufacturer in a lawsuit brought for a former employee, claiming sexual harassment and discrimination
  • Negotiated a favorable settlement for business owner in a lawsuit brought by an employee who claimed the employer failed to provide family medical leave
  • Assisted with the defense of a representative action brought by the EEOC on behalf of female restaurant employees, alleging sexual harassment and discrimination, which resulted in a settlement favorable to the client

Professional Admissions

  • State Bar of California, 2000 – present
  • State Bar of New York, 1995 – present
  • All California and New York state courts
  • Ninth Circuit Court of Appeals, California, New York
  • United States District Court, Northern District of California, Northern and Western Districts of New York

Activities/Memberships

  • Santa Clara County Bar Association
  • American Bar Association
  • Baker Elementary Home & School Club, Vice President, Board of Directors

Personal

  • Interests include hiking and camping with my husband and two children; also enjoys running