PAUL R. LYND

Paul Lynd is a member of the firm’s Labor and Employment practice group. Paul advises employers on general employment policies and practices, discrimination and harassment, wrongful termination, and litigation prevention.

Paul has represented employers in matters before the California Labor Commissioner, the U.S. Department of Labor, the California Department of Fair Employment and Housing, the U.S. Equal Employment Opportunity Commission, and federal and state trial and appellate courts. He has extensive experience advising and representing employers on wage and hour matters under California and federal law, including successfully defending employers in individual and class actions.

Previously, Paul served as a special assistant in the Director’s Office of the California Department of Industrial Relations, which includes the Labor Commissioner’s office. Following law school, Paul also served as a research attorney to Justice Norman Epstein at the California Court of Appeals, Second Appellate District in Los Angeles. He also is a frequent speaker on wage and hour issues.

Paul’s cases have included Neisendorf v. Levi Strauss & Co. (2006) 143 Cal.App.4th 509 (California family and medical leave law does not require accommodation and employer may deny bonus to employee terminated for cause); Maddock v. KB Homes, Inc. (C.D. Cal. 2007) 248 F.R.D. 229 (class certification denied on overtime and meal period claims); and Maddock v. KB Homes, Inc., 631 F.Supp.2d 1226 (C.D. Cal. 2007) (summary judgment granted against potential class representative).

Publications

Paul has published articles on various legal issues affecting labor and employment issues. A partial list of his publications includes:

• “New Ruling Further Expands California’s Commission Pay Overtime Exemption,” Nixon Peabody Employment Law Alert, February 13, 2012.
• “Clarifying 'Show-Up' And Split-Shift Wage Orders,” Employment Law 360, January 30, 2012.
• "California Holds That State Overtime Law Applies to Non-residents Working in the State," Nixon Peabody Employment Law Alert, July 2011 (co-authored with Marjorie Fochtman).
• “DOL Reverses Course on Mortgage Loan Officers,” Employment Law 360, April 22, 2010 (co-authored with Krista Bell).
• “From The Experts: Time To Pay Attention To Reporting Time Pay,” California Employment Law Reporter, June 2008 (Part 1) and July 2008 (Part 2) (co-authored with Marjorie Fochtman).
• “Labor Commissioner Adopts New Policies For Exempt Employees, Individual Liability, Discrimination Claims, Meal and Rest Periods,” California Employment Law Reporter, October 2002 (co-authored with Marjorie Fochtman).
• “Working Overtime: The Industrial Welfare Commission’s New Wage Orders Implementing AB 60 Impose Many Significant Changes in Regulation of Wages, Hours, and Working Conditions,” California Employment Law Reporter, January 2001 (co-authored with Marjorie Fochtman).
• “Domestic Partner Benefits Limited to Same-Sex Couples: Sex Discrimination Under Title VII,” 6 William & Mary Journal of Women and the Law 561 (2000).
• “Juror Sexual Orientation: The Fair Cross-Section Requirement, Privacy, Challenges for Cause, and Peremptories,” 46 UCLA Law Review 231 (1998).

Recent Speaking Engagements

Paul is a frequent speaker on wage and hour issues, as well as issues concerning domestic partner benefits and policies in employment. His recent speaking engagements include:

• “2009 Wage & Hour Update,” American Payroll Association, San Francisco, September 2009
• “Retail Roundtable: Issues in the Current Economy Affecting the Retail Industry,” Nixon Peabody LLP, February 2009.
• “Domestic Partner Issues in Employment,” Nixon Peabody LLP and Clients’ MCLE day-long series, January 2009.
• “Wage & Hour Update,” ADP’s 2008 Year End Seminars, November and December 2008.
• “Wage & Hour Current Issues and Developments,” American Payroll Association 25 th Anniversary, San Francisco, June 2008.
• “New Employment Laws and Developments for 2008,” Nixon Peabody LLP, February 2008.
• “Spousal Benefits: Current Issues and Trends,” National Association of Public Pension Attorneys’ National Conference, Vail, Colorado, June 2007.
• “Wage and Hour Current Issues and Developments,” American Payroll Association, Santa Clara, California, February 2007.
• “Domestic Partner Issues in Employment and Pensions,” California State Association of County Retirement Systems’ State Conference, Coronado, California, November 2006.
• “It Takes Two: Domestic Partner Issues In Employment,” San Diego County Bar Association, San Diego, California, September 2006.