Spencer Hamer. Education. Partner REPRESENTATIVE MATTERS.

Transcription

1 Ventura Boulevard, 5th Floor Encino, CA T F Spencer Hamer Partner PRACTICES Labor & Employment PRIMARY INDUSTRIES Health Care Hospitality Insurance INDUSTRY ASSOCIATIONS American Society for Healthcare Human Resources Association of California Insurance Companies California Association of Healthcare Facilities Hospitality Lawyer Insurance Brokers of the West BAR & COURT ADMISSIONS State Bar of California U.S. Court of Appeals for the Ninth Circuit U.S. District Courts for the Northern, Central, Eastern, and Southern Districts of California PROFESSIONAL AFFILIATIONS State Bar of California (Labor & Employment Section) Los Angeles County Bar Association (Labor & Employment Section) Spencer Hamer represents employers in state and federal court, and before administrative bodies, on labor and employment matters including discrimination, harassment, breach of contract, family medical leave, disability, wage and hour, retaliation, unfair competition, trade secrets, wrongful termination and privacy rights. Mr. Hamer believes that employers are best served by lawyers who help them avoid litigation, and he therefore devotes a substantial amount of his practice to advisory work. He conducts training on general employment law risk issues and routinely counsels on a variety of matters including leaves of absence, employment agreements, accommodations, employment policies and procedures, wage and hour audits, workplace investigations and anti-harassment training. Mr. Hamer has represented a variety of health care industry employers, including hospitals, medical practice groups, urgent care centers, ambulance operators and emergency medical providers. He has conducted numerous wage and hour audits of restaurant industry clients, including analysis of potential unpaid overtime, meal and rest break liability, pay stub violations and related issues. In the insurance industry, Mr. Hamer has advised employers on numerous matters regarding broker compensation, independent contractor issues, wage and hour risks, and unfair competition. Mr. Hamer has counseled automobile dealerships and transportation industry employers on workplace theft, sexual harassment, and wage and hour matters. He has also worked with numerous local colleges and universities to assist them with educational access and discrimination issues, development of codes of conduct, student privacy and tenure disputes. Mr. Hamer is the Chair of M&R's Pro Bono Committee, and is a member of M&R's Affordable Care Act Advisory Group. Education Mr. Hamer earned his J.D. from the University of Southern California School of Law. While in law school, he served as a judicial extern to the Hon. Dorothy W. Nelson of the U.S. Court of Appeals for the Ninth Circuit. Mr. Hamer was conferred his B.A. in English from the University of Michigan. REPRESENTATIVE MATTERS COMMUNITY INVOLVEMENT St. Vincent De Paul Society Ability First 5K (Board of Directors) Age Discrimination and Retaliation: A radiologist claimed that he had been discriminated against based on his age. During trial, Mr. Hamer filed a motion that resulted in dismissal of all claims of age discrimination and retaliation, convincing the court that the only issue for the jury to decide related to an alleged breach of

2 EDUCATION University of Southern California School of Law, J.D. University of Michigan, B.A. contract. This substantially limited his client's potential liability. Defense of Retaliation Claim: An employee claimed that he had been fired for using Family Medical Leave to visit a sick family member in the Philippines. By obtaining certain documentary evidence and deposition admissions, Mr. Hamer was able to show that the plaintiff had, in fact, been in the United States during the alleged leave. At trial, the plaintiff decided to drop the case after the defense made it clear that it had overwhelming evidence that the plaintiff had fraudulently claimed to have been out of country. Labor Law: The Teamsters Union sought to represent a group of employees at a California public healthcare district. Mr. Hamer was able to limit the scope of the bargaining unit. Subsequently, during collective bargaining, he convinced the union to drop the vast majority of its demands regarding wage and benefit increases that were unacceptable to the district. Sexual Harassment: The plaintiff made extensive and detailed allegations of sexual harassment. Mr. Hamer used a strategy that involved extensive review of computer forensic evidence, including a review of communications by the plaintiff, that directly contradicted her allegations. The plaintiff did not know that she had left this information on the company s servers, and testified in contradictory fashion at deposition. Subsequently, the case settled for a nominal amount. Unfair Competition: A representative action under the California Private Attorney General Act (PAGA) filed against a Los Angeles area hospital went to trial in Los Angeles Superior Court. The plaintiffs claimed that they were given inaccurate paystubs under California Labor Code Section 226. Mr. Hamer cross-examined the plaintiff s expert and forced him to admit that the paystubs did not lack information specifically required by California law. As a result, Mr. Hamer and his team prevailed at trial. Wage and Hour: A real estate insurance industry client was sued on a class action basis for wage and hour claims, including failure to pay overtime and failure to provide meal and rest breaks. Mr. Hamer convinced the opposing counsel to drop the case after establishing that the vast majority of the employees at issue were exempt employees, and thus were not entitled to overtime or breaks. Wage Hour Class Action: A class action lawsuit was filed against a hospital alleging failure to pay overtime for shift premiums. Although the regulations on the issue were unclear, Mr. Hamer was able to get the case dismissed at the summary judgment stage, convincing the court that the method of overtime payment used by the hospital was proper. Whistleblower Defense: A human resources manager sued her hospitality industry employer, claiming that she had been fired for reporting I-9 violations to the federal government. After conducting discovery, Mr. Hamer learned that she had in fact been falsifying time records, not only for herself, but also for one of her co-workers. In addition, he uncovered evidence that strongly suggested that she had stolen property after being terminated. The case settled for a nominal amount. Whistleblower Defense: An employee of a Los Angeles-based hospital filed suit, claiming that he had been terminated for pointing out unsafe working conditions during a major remodeling. Mr. Hamer was able to obtain dismissal of the case by filing a motion for summary judgment. The court agreed that the employee had been terminated for performance-related reasons only.

3 Whistleblowing: An employee claimed that she was terminated for reporting the employer to the California Department of Insurance for improper quote practices. During discovery, Mr. Hamer was able to establish that the plaintiff had failed to perform numerous job duties, and that her report to the department was based on a failure to understand the distinction between commercial and personal lines. In addition, he obtained information that showed that the plaintiff was not suffering from emotional distress, as she had claimed. The case resolved for a nominal amount. Wrongful Termination: A yard supervisor claimed that he and his co-workers had been required to drive cement mixers in violation of the Department of Transportation s hours of service requirements. Mr. Hamer was part of a trial team that obtained a defense verdict after a three-week jury trial. Mr. Hamer filed a crucial motion that barred evidence allegedly supporting the plaintiff s theory of the case, and on which the plaintiff had relied in deciding to reject a settlement offer and take the case to trial. MEDIA MENTIONS "Raiders Cheerleaders Settlement May Inspire More Suits Against Other Teams," Daily Journal September 8, 2014 "Better Ways to Deliver Bad News," Human Resource Executive August 8, 2014 "Workplaces Walk a Tightrope When it Comes to Employee Handbooks," Daily Journal August 7, 2014 "Raiders Sued by Cheerleader for Unpaid Wages," Daily Journal January 23, 2014 "Healthier Wellness Communications," Human Resource Executive Online December 4, 2013 "Baseball Teams Facing Labor Investigation Over Intern Pay," Daily Journal November 26, 2013 "Friend or Foe?" Talent Management Magazine, November 2013 Experts Give Their Solutions to Difficult Workplace Problems What's Working in Human Resources, September 3, 2013 California Ripe for Wave of Unpaid Internship Litigation Daily Journal, August 20, 2013 Social Media Policies Critical to Workplaces HC Online, July 30, 2013 Social Media Policies Critical to Workplaces Human Resource Executive Online, July 30, 2013 Attys Weigh In on Justices' Ruling in Harassment Suit Law360, June 24, 2013 Patchwork Of Paid Sick Leave Laws May Trip Up Employers Law360, March 26, Tips For Handling Employee Cyber Smears Law360, March 15, 2013

4 Business Increasingly Turning to Lawyers to Sort Out Implications of Obamacare Daily Journal, March 7, 2013 Obamas Re-nominations Won't End Doubts Over NLRB Validity Law360, February 14, 2013 California's New Employment Credit Rules Could Curb Tax Abuses Law360, January 14, 2013 Health Care Union Tie-Up Signals Uptick in Labor Disputes Law360, January 4, Questions Employers Shouldn't Ask Job Applicants Law360, November 30, 2012 Trial Will Set Value, Viability of 'Suitable Seating' Claims The Recorder, November 9, 2012 Bias Training Should Reflect EEOC Domestic Violence Guidance Law360, October 24, 2012 Employers Brace for More Mini-Class Actions after Dukes Law360, October 3, 2012 High Court 'Supervisor' Case Will Define Title VII Landscape Law360, June 26, 2012 Paycheck Fairness Bill Blocked in Senate Again Law360, June 5, 2012 Armed Officers to Patrol for State Labor Violations Daily Journal, March 7, 2012 Creative Case of Wrongful Death Daily Journal, February 29, 2012 William Spencer Hamer to Become a Partner in the Los Angeles Office of Michelman & Robinson Press Release, January 1, 2012 Huffington Post Blogger Suit Lacks Merit, Attys Say Law360, April 15, 2011 PUBLICATIONS A Well-Crafted Physician Employment Agreement Benefits All Parties California Healthcare News, September 16, 2014 Employment Class Action Waivers Under the Federal Arbitration Act: Clarity From the California Supreme Court & Robin James Bloomberg BNA: Class Action Litigation Report, September 12, 2014 A Guide to Cyber Liability for Health Care Industry Employers Siren Magazine, August 18, 2014

5 A Guide to Cyber Liability for Health Care Industry Employers California Healthcare News, March 11, 2014 California Supreme Course Reverse Itself on Arbitration Waiver of Right to Wage Hearings Michelman & Robinson, LLP Labor & Employment Blog, October 29, 2013 EEOC Issues New Guidance on Criminal Background Checks Siren Magazine, Fall 2013 Covered California: A New Health Insurance Exchange Michelman & Robinson, LLP Labor & Employment Blog, September 18, 2013 Creating an Effective Workplace Social Media Policy Bloomberg BNA, July 12, 2013 Watching the Clock: Compensable Time for California Insurance Employees Brokers Insurance Group Newsletter, July 2013 Contractor or Employee? Classifying California Insurance Industry Workers American Agents Alliance Newsletter, April 11, 2013 Managing Workplace Risk: Ten Tips to Help Employees Stay Out of Court Siren Magazine, Spring 2013 A Brief Guide to Fighting Employee Cybercrime Human Resource Executive Online, March 20, 2013 Telecommuting in the Era of the Cloud By Dana A. Kravetz and Spencer Hamer American Agents Alliance Newsletter, March 14, 2013 Employers Cannot Deny Family Medical Leave Based on Honest Belief That An Employee Worked Another Job During Leave California Employment Attorney Blog, November 28, 2012 New California Employment Laws for 2013 Employment Attorney Blog, November 6, 2012 California Court Says Franchisor can be Liable for Employment Claims of Franchisee s Employees California Employment Attorney Blog, July 23, 2012 Significant Victory for California Employers on Arbitration California Employment Attorney Blog, June 7, 2012

6 EEOC Issues New Guidance on Criminal Background Checks California Employment Attorney Blog, May 16, 2012 California Employers Receive Long Awaited Ruling on Meal and Rest Breaks By Dana A. Kravetz and Spencer Hamer Michelman & Robinson, LLP Client Alert, April 13, 2012 California Physician Assistant Wins $168 Million Sexual Harassment Verdict California Employment Attorney Blog, March 8, 2012 New California Leave Mandate Proposed California Employment Attorney Blog, February 17, Another Record Year for EEOC California Employment Attorney Blog, February 17, 2012 OSHA Form 300a Annual Summary Must be Posted by February 1, 2012 California Employment Attorney Blog, January 23, 2012 California Employment Law Update: What s New for 2012 California Employment Attorney Blog, January 13, 2012 Contractor Reality Check American Agents Alliance Alert, February 8, 2011 Taking the Offensive to Protect Trade Secrets Law360, August 31, 2010 Communication Law Questions in a New Age HospitalityLawyer.com, July 6, 2010 Theft in the Workplace: Practical Tips for Preventing Disaster Club Managers Association of America Newsletter, Spring 2010 US Supreme Court Permits Unions to Agree to Arbitrate Discrimination Claims California Employment Attorney Blog, April 8, 2009 California Agency Pays Unemployment Benefits to Workers Terminated for Misconduct California Employment Attorney Blog, March 31, 2009

7 SPEAKING ENGAGEMENTS Physician Agreements for Employees and Independent Contractors Urgent Care Association of America Fall Conference Denver, Colorado, October 11, 2014 Employment Law Developments: Year in Review California Department of Transportation (CalTrans) San Diego, CA, September 25, 2014 California Employment & Discrimination Law Update National Employment Law Institute (NELI) San Francisco, CA, July 16, 2014 Crafting a Legal and Effective Social Media Policy Center for Competitive Management Webinar, June 10, 2014 Hot Topics in Urgent Care Michelman & Robinson, LLP Encino, California, May 22, 2014 California Employment Law Update Webinar February 19, 2014 Multiple Client Representation: Common Conflict Issues in Litigation and Transaction Matters and Avoiding Traps for the Unwary Michelman & Robinson, LLP CEOC Roundtable Encino, CA, November 15, Annual Labor & Employment Seminar M&R Hot Topics Series Luxe Hotel, Los Angeles, CA, November 7, 2013 How to Survive a Wage and Hour Audit California Tow Truck Association's Western States Tow Show Town and Country Resort, San Diego, CA, October 10, 2013 Start Up Legal: Human Resources Overview Urgent Care Association of America Fall Conference Glendale, AZ, October 5, 2013 Government Wage Hour Audits in the Insurance Industry American Agents Alliance Annual Convention and Expo Palm Desert, CA, September 27, 2013 Preparing for Government Wage Hour Audits of the Insurance Industry American Agents Alliance (Los Angeles Chapter Meeting) Los Angeles, CA, August 7, 2013 Insurance Industry Commissions: Overview of Best Practices Webinar, June 6, 2013

8 Overview of Best Practices of Insurance Industry Commissions Brokers Insurance Group's (BIG) 4th Annual Convention Pomona, CA, April 25, 2013 California Ambulance Association Healthcare Reform Summit San Diego, CA, April 24, 2013 Employment Law Developments: 2012 In Review American Agents Alliance San Diego, CA, March 19, 2013 Top Ten Employment Law Risks for California Physician Groups The Doctor's Company, March 13, 2013 Employment Law Developments: 2012 In Review California Ambulance Association Webinar Webinar, February 21, 2013 Employment Law Developments: 2012 In Review American Agents Alliance Webinar, February 19, Annual Labor & Employment Law Seminar M&R Hot Topics Series Luxe Hotel on Sunset Blvd, Los Angeles, CA, October 25, 2012 Concept to Doors Open: Restaurants are a Business M&R Hot Topics Series SLS Hotel, West Hollywood, CA, October 8, 2012 Top Ten Excuses Plaintiffs Make in Employment Lawsuits (And How to Eliminate Them) California Tow Truck Association's Western States Tow Show San Diego, CA, October 4, 2012 Top Ten Excuses Plaintiffs Make in Employment Lawsuits (And How to Eliminate Them) Webinar, October 4, 2012 Labor Law Webinar with HCF Insurance Agency and Lowell Law HCF Insurance Agency, Inc. Webinar, October 1, 2012 Top Ten Excuses Plaintiffs Make in Employment Lawsuits (And How to Eliminate Them) American Agents Alliance Annual Convention & Expo Palm Desert, CA, September 27, 2012 How Will Implementation of Affordable Care Act Requirements Affect CAA Members? and, A Review of New Employment Legislation Passed or Pending in the California Legislature in September, 2012 California Ambulance Association's Annual Convention & Reimbursement Conference Disney's Paradise Pier Hotel, Anaheim, CA, September 25, 2012 Non-compete Agreements: Drafting and Enforcement Considerations - Strategies to Protect Proprietary Business Information and Trade Secrets from Employee Misappropriation Webinar, August 28, 2012

9 Key Wage and Hour Risk Factors for the Resort and Hotel Industry Webinar, June 26, 2012 Top Ten Excuses Plaintiffs Make in Employment Lawsuits Brokers Insurance Group's Annual Convention Riverside Convention Center, Riverside, CA, May 4, 2012 Employment Law Developments: 2012 In Review Webinar, January 24, 2012 Top Ten Employment Law Risks for the Insurance Industry Brokers Insurance Group Meeting Los Angeles, CA, June 29, Annual Labor & Employment Law Seminar M&R Hot Topics Series Los Angeles, CA, February 23, 2011 Effective Workplace Monitoring Webinar November 17, 2010 Sexual Harassment Prevention Training Seminar Hollywood, CA, October 27, 2010 Effective Workplace Monitoring Webinar Webinar, October 27, 2010 BLOG POSTS California s AB 1897 Likely to Discourage Use of Subcontractors, Increase Litigation October 2, 2014 Spencer Hamer Discusses Employment Law Developments: Year in Review at the California Department of Transportation (CalTrans) September 25, 2014 Will you be ready for California s New Paid Sick Leave Law? September 24, 2014 Work Calls on Private Cell Phones: California Court of Appeal says Employers Must Reimburse August 20, 2014 California Supreme Court Clarifies Commission Sales Exemption August 18, 2014 Spencer Hamer Discusses PAGA at NELI's 38th Annual Employment Discrimination Law Update July 16, 2014 E-Cigarettes in the Workplace: California Senate Bill 648 January 23, 2014 California Supreme Court Reverses Itself on Arbitration Waiver of Right to Wage Hearings October 29, 2013 Covered California: A New Health Insurance Exchange September 18, 2013

10 California Court of Appeal Affirms That Employees Must Participate in Workplace Investigations May 2, 2013 California Department of Fair Employment and Housing Issues Revised Pregnancy Discrimination Regulations January 9, 2013 California Employers Cannot Deny Family Medical Leave Based on Honest Belief That an Employee Worked Another Job During Leave November 28, 2012 Can Vacation Pay Be Less Than an Employee's Regular Pay Rate? September 25, 2012 California Court Says Franchisor Can Be Liable for Employment Claims of Franchisee's Employees July 23, 2012 Significant Victory for California Employers on Arbitration July 6, 2012 New California Employment Laws for 2013 June 11, 2012 EEOC Issues New Guidance on Criminal Background Checks May 16, 2012 California Employers Receive Long Awaited Ruling on Meal and Rest Breaks April 13, 2012 New California Leave Mandate Proposed March 28, 2012 California Physician Assistant Wins $168 Million Sexual Harassment Verdict March 8, Another Record Year for EEOC February 17, 2012 OSHA Form 300a Annual Summary Must Be Posted by February 1, 2012 January 23, 2012 California Employment Law Update: What's New for 2012 January 13, 2012 US Supreme Court Permits Unions to Agree to Arbitrate Discrimination Claims April 8, 2009 California Agency Pays Unemployment Benefits to Workers Terminated for Misconduct March 31, 2009 MULTIMEDIA Spencer Hamer Discusses Employment Law Developments: Year in Review at the California Department of Transportation (CalTrans) Department of Transportation (CalTrans) September 25, 2014

11 Spencer Hamer Discusses "PAGA" at NELI's 38th Annual Employment Discrimination Law Update NELI's 38th Annual Employment Discrimination Law Update July 16, 2014 Crafting a Legal and Effective Social Media Policy Center for Competitive Management June 10, 2014 The Importance of Self-Auditing to Ensure Best Labor Practices Hot Topics in Urgent Care May 22, 2014 How to Survive a Wage Hour Audit California Tow Truck Association's (CTTA) Western States Tow Show October 10, 2013 Start-Up Human Resources: Human Resources Best Practices Urgent Care Association of America (UCAOA) Fall Conference October 5, 2013 Government Wage Hour Audits in the Insurance Industry: Supreme Court Ruling on Class Action Waivers American Agents Alliance Convention and Expo September 27, 2013