Perla J. Duvel
AttorneyDownload VCard
Phone: 714.542.5100
Fax: 714.542.5509
Union Bank South Tower
600 S. Main St., Suite 900
Orange, California 92868
PERLA J. DUVEL, Partner, manages the Labor & Employment law department at Duvel & Duvel, PLC.]
Education
Western State University, College of Law
Juris Doctor - December, 1997
University of California at Irvine
Bachelor of Science, Political Science - 1994
Memberships
State Bar of California
1997 - Present
Orange County Bar Association
1997 - Present
Labor & Employment Law Section - OCBA
1997 to Present; 2004 Vice Chair; 2005 Chair
Administration of Justice Committee - OCBA
2004-2005
California Employment Lawyer's Association
National Employment Lawyers Association
Work History
Perla J. Duvel, Esq. is currently a Partner with Duvel & Duvel, PLC, managing the Labor & Employment law department at the firm. Prior to launching her own practice, Ms. Duvel was an Associate and Senior Attorney with the Law Office of Robert D. Coviello — a firm which likewise focuses its practice on Labor & Employment law matters. She was employed with the firm from 1996 to 2004. Ms. Duvel remains affiliated with the Law Office of Robert D. Coviello as "Of Counsel" to the firm.
In 2005, Ms. Duvel sat as Chair of the Labor & Employment Law section of the Orange County Bar Association (OCBA). In 2004, she sat as Vice Chair of the same OCBA section.
Experience
Ms. Duvel focuses her practice on Labor & Employment Law and has extensive civil litigation experience in both state and federal court as well as in administrative forums. She has represented an infinite number of California employees in independent wage and hour disputes, class actions and Bus. & Prof. Code §17200 claims alleging claims for unpaid wage, unpaid commissions, overtime, exempt v. nonexempt issues, independent contractor issues, unlawful collection of tips, unpaid split-shift premiums, meal & rest breaks, a myriad of Labor Code penalties, as well as, claims for wrongful termination, whistle-blowing, and retaliation, breach of employment contracts, sexual harassment, pregnancy discrimination, disability discrimination, other employment discrimination, and medical leave issues, among other employment-related matters. She has substantial court and jury trial experience in employment-related matters.
Ms. Duvel also devotes a portion of her practice to representing employers in civil actions and administrative actions alleging all types of employment-related claims. She frequently conducts neutral investigations of employee complaints, as well as, investigations in anticipation of litigation on behalf of employers. She also assists employers in generating appropriate written policies, manuals and other employment-related documents, as well as, developing appropriate personnel training to meet the requirements of California law.
Having represented both employees and employers during her career affords Ms. Duvel a unique perspective that has proven to be substantially beneficial to both employees and employers alike.
Published Cases
Jameson v. Five Feet Restaurant, et al. (2003). This case was filed as a quasi-class action under Bus. & Prof. Code §17200. Ms. Duvel represented the Jameson plaintiff and all those employees whom were similarly situated. The decision is significant and applicable to all industries where tips are customary. In Jameson, the California Appellate Court held that a restaurant who required its servers to share a portion of their tips with its floor managers violated California Labor Code §351. The Appellate Court rested its decision on the fact that the managers in question had authority to hire, fire, supervise, direct or control other employees. Therefore, these employees were not qualified to share any portion of the tips left by patrons of the restaurant despite the employer's policy. The employer was subject to a judgment and permanent injunction ordering it to cease and desist from continuing to engage in the unlawful practices and to reimburse all servers for any portion of their tips shared with floor managers within the statutory period. The employer was later ordered to pay attorneys fees and costs associated with litigating the action on behalf of the plaintiff and the quasi-class.
Speaking Engagements
Ms. Duvel has been a seminar speaker and prepared written materials for distribution on the following employment law topics: How to Investigate the Sexual Harassment Complaint, Discrimination and Harassment Claims, the Attorney-Client Privilege During Investigations, Workplace Policies on Harassment & Discrimination, Conducting Job Interviews without Violating Law.