Philip M. Duclos
Philip M. Duclos is an associate in the Orange County, California, office of Jackson Lewis P.C. He defends employers in wage and hour class, collective, and PAGA representative actions, and in discrimination, harassment, and retaliation litigation under the California Fair Employment and Housing Act and Title VII. Philip represents healthcare and home health providers, nonprofit organizations, and transportation and logistics companies in state and federal courts throughout California.
Philip pairs litigation strategy with quantitative analysis. He builds preliminary damages models at the outset of class and representative matters, prepares the amount-in-controversy analyses that support removal under the Class Action Fairness Act, and develops the ultimate damages analyses that drive resolution strategy. On class matters, he directs internal and outside statistical consultants, and he staffs and supervises associate teams across his clients' matters, giving clients a single point of accountability and a team sized to the exposure rather than to the pleading.
Beyond defense work, Philip pursues affirmative claims for employers against former employees involving theft, embezzlement, and misappropriation. He also defends clients in litigation arising from electronic monitoring and surveillance practices, an area of increasing exposure for employers under California's privacy statutes.
Prior to joining Jackson Lewis, Philip represented and counseled clients at a boutique commercial litigation firm, worked as a federal immigration attorney, and served as a public defender. At his prior firm, he drafted the appellate briefing that overturned an arbitration award in the California Court of Appeal and that reinstated a jury verdict in the U.S. Court of Appeals for the Ninth Circuit. He earned his J.D. and LL.M. from Cornell Law School, where he served as managing editor of the Cornell Journal of Law and Public Policy and received the Morris P. Glushien Prize for Outstanding Student Note.
Representative Experience
- Represented a staffing agency named in a PAGA notice alongside its on-site client employer and conducted an investigation that resulted in the claims not being pursued and no complaint being filed.
- Successfully opposed remand efforts and maintained wage and hour class and employment litigation in federal court under the Class Action Fairness Act and diversity jurisdiction.
- Obtained dismissal of class claims and summary adjudication of individual claims in wage and hour and employment discrimination litigation.
- Secured orders compelling arbitration in both state and federal courts in class and single-plaintiff employment matters.
Honors and Recognitions
- The Best Lawyers in America©, “Ones to Watch: Labor and Employment Law — Management” (2027)