Rachel E. Davey


San Francisco


Rachel E. Davey defends and counsels employers in federal, state, and local labor and employment matters. 

Rachel’s practice focuses on wage and hour class action and PAGA representative action litigation.  She is a zealous advocate for clients facing allegations of discrimination, retaliation, wrongful termination, and harassment.  Rachel has represented clients in federal and state courts, arbitrations, mediations, and appellate proceedings.

Rachel graduated cum laude from the University of Texas at Austin, with a Bachelor of Arts degree in Rhetoric & Writing and a minor in Government.  She earned her Juris Doctor from the University of San Francisco School of Law. She was the Online Editor for the Intellectual Property, Science & Technology Journal and worked as a LexisNexis Legal Research Associate.

Before joining Weintraub Tobin, Rachel practiced at a prominent Plaintiff-side labor and employment law firm in San Francisco. Rachel brings the unique perspective of Plaintiff-side strategy to her calculated defense work at Weintraub Tobin.

In her free time, Rachel enjoys golfing and slalom waterskiing.

Published Decisions and Representative Matters:

  • Obtained arbitration award on behalf of the client in a wage and hour case (2020).
  • Obtained arbitration award on behalf of client in discrimination, wrongful termination case (2019).
  • Achieved favorable result for the client in motion for class certification of wage and hour claims: Nash v. Horizon Freight Sys., Inc., 2020 WL 7640878 (N.D. Cal. Dec. 23, 2020).
  • Successful reversal of the summary judgment in wage and hour class action: Oliver v. Konica Minolta Bus. Sols. U.S.A., Inc., 51 Cal. App. 5th 1 (2020).
  • Achieved successful results for clients in motions for remand: Thomas v. CVS Health Corp., 2019 WL 3526344 (C.D. Cal. Aug. 1, 2019); Williams v. ETC Inst., 2018 WL 3105117 (N.D. Cal. June 25, 2018).

BASF Barristers’ Club Labor and Employment Law Section Executive Committee Member

J.D., University of San Francisco School of Law, 2016

B.A., The University of Texas at Austin, 2013

Webinar: Employment Law Update 2022

On January 12, 2022, attorneys Lizbeth V. West, James Kachmar, Meagan D. Bainbridge, Brendan Begley, and Ryan Abernethy presented part two of a webinar discussing important legal developments from 2021 and reviewing a number of new laws and case law developments impacting employers in 2022. Employment Law Update (Part 2)…

  • When: Jan 12, 2022
  • Where: Webinar

Webinar: Can You Hear the Whistle Blowing? What to Know About Protections Against Retaliation in the Workplace And How to Prevent “Whistleblower” Claims

Like other employment claims in recent times, we are seeing more retaliation and “whistleblower” claims against California employers. Employers need to know what to listen for or they can find themselves accused of retaliating against a “whistleblower.” James Kachmar and Rachel Davey of Weintraub Tobin’s Labor and Employment Group presented…

  • When: Nov 3, 2021
  • Where: Webinar

Rachel E. Davey Joins Weintraub

Weintraub is pleased to welcome Rachel E. Davey to the Firm’s Labor & Employment Group. Rachel’s practice focuses on wage and hour class action and PAGA representative action litigation.

Impact of the NLRB’s McLaren Macomb Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

Section 7(a) of the NLRA Applies to More Than Just CBA Employees In general, Section 7 of the National Labor Relations Act (“NLRA”) provides employees nationwide with certain rights relating to organizing with other employees and collective bargaining, whether or not they are subject to collective bargaining agreements (“CBAs”). These…

California Court of Appeal Holds That Trial Courts Have Authority to Strike PAGA Claims For Being Unmanageable

What is PAGA? California’s labor law enforcement agencies, including the Labor and Workforce Development Agency (“LWDA”) also known as the “Labor Board” has the authority to investigate whether employers violate the California Labor Code, and assess and collect civil penalties for any such violations.  However, due to purported budget cuts…