Penny Chen Fox's practice focuses on representing employers in numerous sectors and industries in high-stakes wage and hour class action and California Private Attorneys General Act matters. She has a strong background and knowledge in navigating the constantly evolving wage and hour laws and regulations in California and on the federal level. She has successfully defended a broad range of companies against individual, class, and representative wage and hour actions in state and federal courts, the California Court of Appeal, and the Ninth Circuit, and before administrative agencies such as the California Division of Labor Standards Enforcement and U.S. Department of Labor.
Penny specializes in defense against claims of unpaid wages, denial of breaks, independent contractor misclassification, and exempt status misclassification; enforcement of arbitration agreements and class action waivers; and wage statement claims. Her extensive experience as a litigator has helped her clients achieve highly favorable results both in and out of court, including in instances involving novel issues of first impression.
In addition to her litigation practice, Penny provides practical and focused advice to her clients on wage and hour and employment issues. She assists clients in devising and implementing key policies and procedures, and regularly works with household names to optimize their employment law protocols.
Penny is fluent in Mandarin Chinese and Shanghai Dialect.
Prior to joining K&L Gates, Penny was a wage and hour class and PAGA action associate at a prominent US-based employment law firm.
- Recognized in Best Lawyers: Ones to Watch® in America for Labor and Employment Law–Management (2023-2024) and Litigation–Labor and Employment (2024)
- Selected as a LAP (Leadership Advancement Program) fellow with NAPABA (National Asian Pacific American Bar Association) (2022)
- “Silicon Valley Bank Collapse: Implications for Employers,” LexisNexis, 2023
- “Next Steps For Employers After Calif. Break Premium Ruling,” Law360, 2021