Employment Law

At Seltzer Caplan McMahon Vitek, we recognize how important it is for our business clients to have a stable and loyal workforce. Our employment law attorneys work to ensure that clients deal correctly and reasonably with their human resources challenges.

We provide strategic legal advice and services to help employers minimize the risk of litigation through effective workplace strategies and solutions. SCMV focuses on addressing litigation risk in clients’ formation and on-going management of employee relationships and successfully resolves actual or threatened litigation through strategic planning and negotiation. However, when litigation cannot be avoided, we bring a wealth of experience to forcefully pursue or defend our clients’ claims in trial or arbitration.

Our attorneys have successfully represented clients before California and federal administrative agencies and courts, including defending wage and hour claims and claims of wrongful discharge and sexual harassment charges. We collaborate, as needed, with SCMV business attorneys on matters such as contracts and compensation and counsel employers on individual terminations, reductions-in-force and the other challenges that face employers today.

While our clients are typically California employers, we also provide employment law services to clients in other states, often working with our colleagues in the Law Firm Alliance.

View Attorneys

Select an attorney below to find out more about their expertise in Employment Law

Practice Group Leader

Daniel Eaton
Shareholder

P: 619.685.3052
E: eaton@scmv.com

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Michael G. Nardi
Shareholder

P: 619.685.3085
E: nardi@scmv.com

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Andrea N. Myers
Shareholder

P: 619.685.3095
E: myers@scmv.com

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Scott W. Perlin
Associate

P: 619.685.3117
E: perlin@scmv.com

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Philip B. Adams
Associate

P: 619.685.3035
E: padams@scmv.com

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Related Publications

The Law at Work: Legal Checks on Background Checks

Late last month the California Supreme Court ruled that, where a background check goes beyond requesting an applicant’s credit records, to seek information through personal interviews or…

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The Law at Work: Employers generally must allow employees time off to participate in school activities

In his The Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton focuses on the right of California employees who are “parents,” broadly defined to include…

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The Law at Work: The consequences of not paying an employee who resigns all wages due within 72 hours

When an at-will employee resigns without notice, California law gives employers 72 hours from receiving the resignation to pay all unpaid wages—including unused vacation time—and places…

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The Law at Work: Court rules former Indianapolis Colt ineligible receiver of California workers comp

In his latest The Law at Work column in the San Diego Union-Tribune, shareholder Dan Eaton explains why the California Court of Appeal rejected former Indianapolis Colts defensive tackle Larry…

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The Law at Work: U.S. Supreme Court says no to union fees in government workplace

In his The Law at Work column in the Union-Tribune, Shareholder Dan Eaton discusses a major ruling the U.S. Supreme Court issued in late June. In Janus v. American Federation of State, County, and…

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The Law at Work: When is an employer liable for an employee’s auto accident

Generally, the law considers the employment relationship suspended while an employee is going to the workplace from home and coming home from the workplace. The “going and coming” rule…

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The Law at Work: Not every workplace complaint is legally protected whistleblowing

Earlier this month, the California Court of Appeal confirmed in a non-precedential decision that not all terminations that result from workplace complaints amount to unlawful retaliation for…

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The Law at Work: Salaried workers entitled to overtime pay unless exempt

In his latest The Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton goes back to basics to address the misconception that a private sector employee paid a set weekly salary…

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The Law at Work: Don’t adopt English-only workplace policy without clear business need

The U.S. Equal Employment Opportunity Commission (EEOC) is suing Albertsons in San Diego federal court over what the agency calls the grocer’s “unwritten English-only policy, which…

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The Law at Work: California Supreme Court defines independent contractor narrowly

In a landmark unanimous ruling, the California Supreme Court just made it easier to distinguish between an employee and an independent contractor and harder to designate a worker as an independent…

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The Law at Work: Employers Can’t Use Salary History to Set Salary

Both the federal and California state Equal Pay Acts authorize employers to consider a “factor other than sex” in setting salaries. California’s law expressly prohibits employers…

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The Law at Work: Secret Sexual Harassment Settlements and Taxes

In his the Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton discusses one of the less noticed features of the federal tax overhaul enacted late last year – a provision…

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The Law at Work: New state law limits employer cooperation with immigration officials

President Donald Trump’s U.S. Immigration and Customs Enforcement (ICE) is aggressively enforcing federal immigration laws. A new California law, the Immigrant Worker Protection Act, bars all…

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The Law at Work: OT rate for flat bonus must be based on non-overtime hours worked

Except for executives, professionals, and others exempt from overtime rules, California employees are legally entitled to one-and-half times their “regular” hourly rate of pay for hours…

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The Law at Work: Lessons from Google Engineer’s Round One Loss in Dismissal Fight

In his Law at Work column in the San Diego Union-Tribune, Shareholder Dan Eaton returns to the ongoing dispute between Google and James Damore, the engineer fired from the company after internally…

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The Law at Work: The ABA’S Nine Features of a Highly Effective Workplace Sexual Harassment Policy

For the last several months, the country – the world, really—has been having a dialogue about how to eradicate workplace sexual harassment. There is an emerging realization that the law is…

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The Law at Work: Pot and the California Employer Post-Prop. 64

Proposition 64, which voters approved in 2016, says a Californian who is at least 21 who uses marijuana cannot be prosecuted by state or local authorities. However, the decriminalization of…

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The Law at Work 2017

In late 2016 and throughout 2017, SCMV Shareholder Dan Eaton, an employment law attorney, wrote more than 30 articles for employers on various employment topics that were published in the San Diego…

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The Law at Work: What to watch as the Google memo writer’s lawsuit unfolds

In his The Law at Work Column in the San Diego Union-Tribune, Shareholder Dan Eaton examines a recent lawsuit filed by two former Google software engineers against Google. Both former employees…

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The Law at Work: Is terminating a severely overweight employee disability discrimination?

A long-time at-will employee of the Berkeley Tennis Club was fired, she claimed, because new club manager disapproved of her severe obesity. The club’s stated reason for firing her was a…

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Dan Eaton published in the LA Times

SCMV shareholder, prolific writer and San Diego Union-Tribune columnist Dan Eaton has expanded his list of places published. The LA Times (sister organization to the U-T), published Dan’s…

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The Law at Work: Pilot-employee returning from service entitled to bigger bonus from Federal Express

The Ninth Circuit Court recently upheld the ruling of a San Diego federal district judge who found that Federal Express paid one of its pilot-employees a bonus $10,300 less because he had served…

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Dan Eaton: Can better policies prevent workplace sexual assault?

SCMV employment law attorney Dan Eaton was quoted in an Associated Press article about better implementing policies to prevent sexual harassment in the workplace. According to Dan, “sexual…

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The Law at Work: Holiday Party Rules for Managers

In this season of company-sponsored holiday parties, the country finds itself in the midst of a teachable moment about sexual harassment. In his The Law at Work column in the Union-Tribune,…

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The Law at Work: New law to ban inquires into salary history

In the new year, California employers will be prohibited from considering, or inquiring into, an applicant’s salary history unless the applicant discloses that information “voluntarily…

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The Law at Work: What do employers need to know about the ‘ban the box’ law

In January, the so-called “ban the box” measure, which applies to virtually all California public and private employers, goes into effect, prohibiting an employer from including on an…

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The Law at Work: Distinguishing between employees and independent contractors

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The Law at Work: Is firing an in-law marital discrimination?

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The Law at Work: What does the law require of you? Accommodating employees’ religious practices and beliefs

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California’s New Fair Pay Act:  What Employers Need to Know

By Andrea N. Myers When California’s Fair Pay Act (SB 358) (the “Act”) takes effect on January 1, 2016, it will be among the nation’s strongest equal pay laws. The Act…

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The Meaning of the New Fair Pay Act

By Dan Eaton The Daily Transcript California law, like federal law, has long required that men and women receive equal pay for equal work. State law also has prohibited employers from disciplining…

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An Ounce of Prevention: Drug Testing

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An Ounce of Prevention: Preventing Liability under the FMLA

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