areas of expertise
Tricia L. Legittino is co-Chair of the Litigation and Employment Groups at Frankfurt Kurnit. An accomplished trial lawyer with more than 20 years of experience, Ms. Legittino assists businesses and individuals in a wide range of litigation matters. Her practice includes complex commercial, lending and real estate litigation, employment litigation and counseling and entertainment litigation.
In her employment litigation practice, Ms. Legittino defends employers facing employment claims in federal and state court. She also counsels businesses on the proper hiring and firing of executives and staff, handbook policies, employee classification, and other compliance matters.
In her securities fraud and white collar defense practice, Ms. Legittino represents both broker-dealers and brokers in investigations before Federal Grand Juries, the Securities and Exchange Commission, the New York Stock Exchange and the Chicago Mercantile Exchange. Ms. Legittino has also successfully represented clients in numerous arbitrations before the Financial Industry Regulatory Authority (formerly the NASD) and the National Futures Association.
In her commercial lending and real estate practice, Ms. Legittino represents national, international and community banks, private lenders, and real estate firms and brokers. She also defends creditors against claims of lender liability, negligence and wrongful foreclosure.
Ms. Legittino frequently lectures on legal issues for the Western Independent Bankers Association, the Commercial Real Estate Finance Council, and other professional associations, and has been quoted in publications such as Law360 and California Banker.
Prior to beginning her career in private practice, Ms. Legittino served as an Assistant Illinois Attorney General in the Criminal Prosecutions Division, where she prosecuted jury and bench trials in tax evasion, theft, fraud, and other criminal matters. She also served as a Deputy Bureau Chief of the Sexually Violent Persons Bureau of the Illinois Attorney General's office — the youngest person ever to hold that position.
Ms. Legittino is licensed to practice law in both California and Illinois.
Dominican University, B.A.
The John Marshall Law School, J.D.
Upcoming Speaking Engagements
Walking the Talk on DEI: Planning and Implementing Your Company’s DEI Program
It’s one thing to envision a Diversity, Equity, & Inclusion Program. It’s another thing to plan one. And it’s a third thing to plan one right –– meaning in compliance with federal, state and local rules. To help you develop a DEI program that serves the company, its workforce, and avoids legal pitfalls, Frankfurt Kurnit’s Employment Compliance, Training & Litigation Group is hosting Walking the Talk on DEI –– a series of complimentary seminars. Read more.
September 28 2021
Past Speaking Engagements
SoDA Webinar: Return to Office Planning
June 15 2021
Vaccine Mandates and Return to Work Protocols
June 10 2021
Navigating the “New Normal” in the Workplace
Join us for an in-depth discussion of the new laws, policies and legal developments that New York and California employers will need to know to set up a compliant workplace in the “new normal” of a post-vaccination world. Read more.
May 25 2021
Can You Mandate COVID-19 Vaccines?
Tricia Legittino speaks with Mark Piazza, SVP - Business Intelligence & Insight Group of the 4A’s, about COVID-19 Vaccine Mandates in the workplace. The discussion is part of a collaboration between Frankfurt Kurnit and the 4A’s. Watch the video here. For information about the 4A’s, click here.
February 12 2021
A New Hope: COVID-19 Vaccines in the Workplace and other Employment Law Developments for 2021
COVID vaccines have arrived, giving the world and employers hope that things may finally get “back to normal.” But if you’re like many media and technology executives, you’re struggling to figure out how the vaccine fits in to your policies and procedures and makes employees and clients safer. This complimentary webinar presented by Tricia Legittino and Wendy Stryker can help. Read more.
January 20 2021
Politics in the Workplace: When Free Speech and Company Policy Collide
October 15 2020
Two Places at Once: Employment and Tax Law Issues Raised by Remote Workers
Whether by stay-at-home order or by choice, remote work has become a lifeline for many employees and employers. But remote offices can raise difficult questions with huge financial consequences. When the “real” office is in one state and the remote work in another, which state’s employment laws apply? Which state's tax laws apply? The answers affect business owners, managers and executives in all industries. Read more.
October 7 2020
SoDA: Returning Staff, Remote Teams and MSA Negotiations
October 1 2020
State Employment Laws and Tax Requirements Relating to Remote Workers
Tricia Legittino and Jeffrey Marks present "State Employment Laws and Tax Requirements Relating to Remote Workers (Full-Time Employees and Independent Contractors)" during a virtual presentation for the 4As.
September 16 2020
More Than Just Hand Sanitizer: Employment Law and the Return to Work (Part 3)
If you're like many media, entertainment and technology executives, you're struggling with how to safely reopen your business. One threshold requirement is a written Safety Plan -- and the leadership to implement it. In part III of our ongoing return-to-work webinar series, we'll focus on safety plans and procedures for New York and California. Read more.
August 12 2020
More Than Just Hand Sanitizer: Employment Law and the Return to Work (Part 2)
In Part 2 of our “More Than Just Hand Sanitizer” series we'll help you learn how to implement the policy and procedural changes, as well as the physical changes, necessary for a return to the workplace. Read more.
May 20 2020
More Than Just Hand Sanitizer: Employment Law and the Return to Work (Part I)
Rehiring considerations. How to test for COVID-19. How to schedule work. Which accommodations to grant. How to safeguard a gigabyte of new confidential information. These are just some of the difficult issues employers will face in the gradual return to work. In this one-hour webinar we'll help you identify the policy and procedural changes you need to make to comply with fast-changing new rules while reducing health and financial risk. Read more.
May 13 2020
WGN Radio’s Legal Face-Off
Tricia Legittino is interviewed during the Legal Face-Off podcast.
February 6 2020
The ABCs of Independent Contractors in California and New York
You are invited to join attorneys from Frankfurt Kurnit's Employment Compliance, Training & Litigation Group for a roundtable discussion and workshop that will address the classification of independent contractors and employees under rapidly changing California and New York law. Read more.
November 20 2019
“A Tale of Two Cities: Employment Law Compliance in New York City and Los Angeles” in LA
June 6 2019
“A Tale of Two Cities: Employment Law Compliance in New York City and Los Angeles” in NYC
May 22 2019
AICP Safety Town Hall
Tricia L. Legittino speaks on the “Legal Requirements and Implications Regarding California’s Illness and Injury Prevention Program” panel during the Association of Independent Commercial Producers Safety Town Hall.
February 20 2019
news & press
Employers Must Implement NY HERO Act Safety Plans Now
On September 6, 2021, Governor Kathy Hochul designated COVID-19 as an airborne infectious disease under the HERO Act. This designation requires all employers to implement workplace safety plans that are in compliance with HERO Act standards. Read more.
The Fast and the Furious: Four Major Developments in COVID-19 and Return-to-Work Protocols
In case you blinked, we covered four major developments that came out in the past week that every employer needs to know as they reopen their offices. Read more.
Vac to Work: EEOC Provides New Guidance on Vaccine Requirements, Incentives, and Documentation Requests
On May 28, 2021, the Equal Employment Opportunity Commission updated its ongoing guidance on COVID-related labor and employment rules, “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The updates provide crucial information for employers working through their return-to-work plans. Read more.
New York HERO Act Imposes New Health and Safety Rules on Employers
On May 6, 2021, Governor Cuomo signed the Health and Essential Rights Act (“HERO Act”) into law as a response to COVID-19 safety concerns in connection with New Yorkers returning to in-person work. Read more.
What Employers Need to Know About the American Rescue Plan Act
On March 11, 2021, President Biden signed the American Rescue Plan Act (“ARPA”) into law, promising $1.9 trillion in relief related to the COVID-19 pandemic including certain relief for workers. Read more.
California Enacts COVID-19 Supplemental Paid Sick Leave 2021
On March 19, 2021, Governor Newsom signed into law California’s COVID-19 Supplemental Paid Sick Leave Law. Read more.
Will Hollywood Require COVID-19 Vaccinations for Workers?
Ten Employment Law Developments Every California Employer Should Know for 2021
As we all happily bid 2020 “good riddance” and enter 2021 with much-needed optimism, there are a host of recent employment laws, some in response to the COVID-19 Pandemic, that California employers need to comply with. Read more.
AICP and Unions Agree on Updated COVID-19 Commercial Production Guidelines
On December 15, 2020, the COVID-19 Commercial Production Safety and Training Protocol Agreement between the Association of Independent Commercial Producers (“AICP”) and several unions including the DGA and IATSE, went into effect along with an updated version of AICP’s COVID-19 Guidelines (also known as “Appendix A”). Read more.
Can Employers Require Employees to Receive a COVID-19 Vaccination?
On December 11, 2020, the U.S. Food and Drug Administration granted Pfizer an Emergency Use Authorization for its COVID-19 vaccination. While this and other vaccine news is encouraging, it raises a difficult question: Can employers require employees to get the vaccine before returning to the workplace? Read more.
New Southern California “Stay at Home” Order: What You Need to Know
On December 6, 2020, the California Department of Public Health placed the Southern California Region -- which includes Los Angeles, Orange, Riverside, Ventura, Santa Barbara and San Diego Counties -- under a Regional Stay at Home Order as a result of ICU capacity in the region dropping below 15%. Read more.
Cal/OSHA Requires Employers to Have a Written COVID-19 Prevention Plan
As part of its emergency response to protect workers from exposure to hazards related to COVID-19, the Cal/OSHA Safety and Health Standards Board (the “Board”) has unanimously adopted emergency temporary regulations that require almost all California employers[HM1] to have a written COVID-19 Prevention Plan (“CPP”) which can be integrated into the employer’s already mandated Injury Illness and Prevention Plan. Read more.
Uncompensated COVID-19 Safety Protocols Prompt Class Action Wage and Hour Claim
Many employers have implemented COVID-19 safety protocols for their employees based upon various government regulations, orders, and guidance as well as genuine concern for the health and well-being of the employees. But, do those employers have an obligation to compensate their employees for time spent going through the employer’s required COVID-19 safety protocols? One California employer is finding out the hard way. Read more.
California Ballot Measures: The Results and What They Mean for Hollywood
New York Permits Gyms, “Low-Risk” Arts & Entertainment, Amusement Parks, Gaming Sites, Malls and Restaurants to Reopen With Restrictions
We provide an update on Governor Cuomo’s four-phase New York Forward Plan to gradually permit businesses to reopen by region in New York State. Read more.
California Codifies When COVID-19 Illness Will Be Presumed Job-Related for Workers’ Compensation Purposes
We give a rundown of who is covered under SB 1159 -- an important new law that all California employers need to understand. Read more.
EEOC Again Updates Key Guidance for Employers Reopening Workplaces
On September 8, 2020, the EEOC again updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.
New California Law Makes it Easier for Certain Musicians, Writers, Photographers and Content Providers to Be Deemed Independent Contractors
There’s important news for many individual creatives and the companies that hire them. On September 4th, California expanded the list of professions and employees that are exempt from the so-called “ABC test” – a test governing classification of certain workers. The expansive new law covers many industries, but will have a particularly large impact on the media, entertainment and advertising community. Read more.
5 Tips for When COVID-19 Comes to Your Media Production
You’ve mastered the guidance. You’ve implemented the procedures. You’ve followed all the rules to keep your production safe from COVID-19. But somehow, one of your production team members has tested positive for the virus. What next? Read more.
Payment Protection Program Extended through August 8, 2020
On July 3rd, President Trump signed legislation extending the application deadline for the Paycheck Protection Program until August 8th. Read more.
PPP Application Process Updates
Here are two important news items for businesses participating in, or seeking to participate in, the Small Business Administration (SBA)’s Paycheck Protection Program (PPP). Read more.
Reopening: Can an Employer Require Antibody Testing For Returning Employees?
Last week, the EEOC updated its COVID-19-related guidance for employers, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. In general, this EEOC resource contains important guidance to help employers implement strategies to navigate the impact of COVID-19 in the workplace. In the most recent update, the EEOC answered the question: Under the Americans with Disabilities Act (ADA), may an employer require antibody testing before permitting employers to re-enter the workplace? Read more.
California Employees Who Refuse to Return to Work Risk Loss of Unemployment Benefits
Here’s some news for California employers and employees wrestling with the question of how to return to work. Read more.
EEOC Updates Key Guidance for Employers Reopening Workplaces
The EEOC updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.
California Courts Lift Certain COVID-19 Restrictions and Begin Preparations to Fully Reopen
As the COVID-19 crisis eases, California courts have removed certain restrictions that had been put in place to reduce pandemic-related harm. Read more.
Los Angeles County Authorizes Television, Film, and Music Production Resume on June 12, 2020 With Strict Regulations
On June 11, Los Angeles County approved a staged resumption of film and TV production beginning June 12, 2020. However, it comes with extensive regulations. Read more.
Small and Midsize Business Relief: New “Main Street Lending Program “Is on the Way
In our continuing effort to help clients leverage COVID-19-related federal assistance, we are tracking a new relief program due out soon from the Federal Reserve. The “Main Street Lending Program” will facilitate loans to small- and mid-size businesses that were considered to be in sound financial condition before the start of the COVID-19 pandemic. Read more.
California Will Permit Television, Film, and Music Production to Resume on June 12, 2020 Subject to County Public Health Approvals
As several production-heavy states announce the easing of stay-at-home orders and restrictions, the question of how to restart entertainment production in a safe manner has become paramount. Read more.
OSHA Issues New Guidance on Reporting “Work-related” COVID-19 Cases
Employers preparing to reopen offices and worksites have some new reporting requirements from the Occupational Safety and Health Administration (“OSHA”) of the United States Department of Labor. The new requirements, effective May 26, 2020, spell out when an employer must record and report a COVID-19-related incident. Read more.
Checklist: Eleven Policies to Consider Before Reopening Your Business
As economies across the country begin restarting and the COVID-19 pandemic continues, employers have some important, pandemic-related revisions to consider for their employment policies and handbooks. Frankfurt Kurnit’s employment team has been reviewing the applicable federal, state, and local laws, guidelines and regulations to gather a list of specific policies employers should consider creating or revising. Read more.
California Sues Uber and Lyft for Worker Misclassification
This week, more shots were fired in the ongoing war over AB5. On May 5, 2020, California’s Attorney General and city attorneys for Los Angeles, San Diego, and San Francisco sued Uber and Lyft for misclassification of hundreds of thousands of California workers. Read more.
SBA Clarifies Key Loan Forgiveness Issue for Employers
Over the last several weeks, many business have applied for and received loans pursuant to the Paycheck Protect Program administered by the Small Business Association. A key feature of the PPP loans is that they are potentially 100% forgivable so long as headcount and salary levels remain constant through an eight week period that begins to run when the loan is funded. Read more.
California Workers’ Compensation Order Creates Rebuttable Presumption that COVID-19-related Illness Came From Work
As part of his effort to create an “Expanded Workforce Safety Net”, on May 6, 2020, California Governor Gavin Newsom issued an Executive Order creating a rebuttable presumption that an employee's COVID-19 related illness arose out of the course of employment and, as a result, is covered by workers’ compensation. Read more.
Force Majeure: Court Will Decide Whether COVID-19 Excused Developer’s Failure to Close
COVID-19 has disrupted business operations and contracts across industries on an unprecedented scale. Some individuals and companies are trying to avoid or delay their contractual obligations by invoking previously overlooked force majeure provisions. Others are aiming to enforce their contracts after receiving force majeure notices. We expect a new wave of litigation. Last month, one of the first force majeure case arising out of COVID-19 was filed in California: Pacific Collective LLC v. ExxonMobil Oil Corp. Read more.
EEOC Permits Employers to Test for COVID-19
This week, as parts of the nation began returning to work, the EEOC responded to an increasingly urgent question: May employers test employees for COVID-19? Read more.
PPP Loan Program Updates: Additional Funding and Additional Guidance
The Frankfurt Kurnit Corporate Group has been tracking developments in the Paycheck Protection Program (the “PPP”), adopted as part of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). In this alert we highlight some key developments since our last update. Read more.
CARES Act: Calculating Employee Headcount Under SBA “Affiliation Rules”
The recently passed Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) created a program called the Paycheck Protection Program (the “PPP”), which makes certain loans available to small businesses. Read more.
The FFCRA Implementation Date is Coming Up – How to Get into Compliance
Employers are reminded that the new Families First Coronavirus Act will go into effect commencing on April 1, 2020 and continuing through December 31, 2020. Employers should not only be aware of the law’s key provisions, but know how to stay complaint and provide mandatory notice to employees. Read more.
Aid for Small Business and Employees Affected by COVID-19
On March 27th, the House passed and the President signed the Coronavirus Stimulus package, now known as the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act pumps $2.2 trillion into the American economy to combat the effects of the Coronavirus. Below is a summary of the key provisions of the CARES Act that will provide assistance to workers and small businesses. Read more.
Updates to Federal and State Employee Leave and Sick Leave Laws
The ongoing COVID-19 crisis has prompted a number of new federal and state laws related to employee leave and sick leave. This alert will highlight recent changes in federal and New York law. Read more.
California WARN Act Requirements Suspended by Governor
On March 18th, California Governor Newsom, at the urging of the Hollywood Chamber of Commerce, granted some relief to business owners in the state by suspending the requirements of the California WARN Act. Read more.
Are Layoffs and Closures Caused by COVID-19 Exempt from WARN Act Notices?
With the news of the spread of COVID-19 changing faster than any of us can keep up with, one of the many questions facing employers is: What are their obligations to employees if they have to shut down workplaces temporarily, or permanently, as a result of the COVID-19 outbreak. Read more.
Legal Face-Off Podcast
Independent Contractors Are Already Finding Ways to Work Around AB5
Quartz quotes Tricia L. Legittino on the AB5 California labor law. Ms. Legittino notes getting a business license may help some workers continue to be classified as independent contractors. View Article
New California Employment Law Changes You Need to Know
2019 was a historic year for employment law in California. In case you missed them, we summarized the key employment law changes that may fundamentally affect businesses with California employees in 2020. Read more.
It Isn’t Just Uber: California Prepares for New Gig Worker Rules…and Confusion
Hollywood Faces “Devastating” Costs from California Bill Targeting Gig Economy
California Employment Law Changes You Need to Know
A raft of legislative changes affect hiring practices, employment agreements, employee classification, training, and more. Here’s a handy summary. Read more.
Frankfurt Kurnit Law Firm Adds New Litigation Partner
January 14, 2019, Los Angeles, CA - Frankfurt Kurnit Klein & Selz, PC has added Tricia L. Legittino as a partner in the firm’s Litigation and Employment Groups. Ms. Legittino will be based in the firm’s Los Angeles office. Read more.