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PAUL R. LYND

Paul Lynd is a partner in Nixon Peabody’s Labor and Employment group. He represents a diverse group of clients in litigation in federal and state courts, as well as before administrative agencies including the California Labor Commissioner, the U.S. Department of Labor, the California Department of Fair Employment and Housing and the U.S. Equal Employment Opportunity Commission.

What do you focus on?

I focus my practice on general employment matters, with an emphasis on wage and hour issues. This includes advice and strategy, development and revisions of policies and plans, litigation prevention and defending employers in individual claims and class actions. My work has included published California and federal decisions on important wage and hour issues involving bonus plans and class certification issues.

I also provide clients with advice and strategy on a range of issues, including discrimination and harassment claims, investigations, best practices and litigation prevention. Increasingly, over time, some of my particular focuses have been leave and reasonable accommodation of disability issues. These two areas have grown considerably and are issues most employers are facing today.

What do you see on the horizon?

Wage and hour claims will persist, but differently. The issues will be more esoteric and technical. Leave and reasonable accommodation issues will continue to grow in ways many employers have not anticipated.

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: 

  • “In It to Win It – The Realities of Joint Liability,” AgWISE Symposium, Napa, January 2014.
  • “The Piece Rate Puzzle,” AgWISE Symposium, Napa, January 2014.
  • “New Laws and Wage & Hour Update,” American Payroll Association, San Francisco, January 2013.
  • “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.

Media Clips

  • Piece-Rate Payment Proving More Problematic
    The Crush (the Publication of the California Association of Winegrape Growers) | February 1, 2015
    San Francisco Labor & Employment partner Paul Lynd discusses increasing issues with the common practice of piece-rate payment for vineyard workers.
  • Immigration-Related Liability for Calif. Employers Rises
    Law360 | July 25, 2014
    Los Angeles Labor & Employment counsel Richard Bromley, Los Angeles Labor & Employment associate Erin Holyoke and San Francisco Labor & Employment partner Paul Lynd discuss a California Supreme Court ruling finding that employers should not continue to employ workers after discovery of unauthorized status because doing so may expose them to further liability.
  • Post-Brinker Workers Attack Calif. Employers on New Fronts
    Employment Law360 | April 9, 2013

    San Francisco Labor & Employment partner Paul Lynd discusses employment lawsuits a year after California Supreme Court’s landmark Brinker v. Superior Court decision holding that companies don’t need to police employees to ensure they stop working during meal breaks.

Ideas

A handful of post-hoc cures to California's Paid Sick Leave Law provide useful clarification (though many unanswered issues still leaving many employers sick)
Employment Law Alert | July 16, 2015

New California Family Rights Act ("CFRA") regulations are effective July 1, 2015
Employment Law Alert | May 6, 2015

. . . View all . . .

Ninth Circuit: California non-compete law may prohibit some no-rehire terms
Employment Law Alert | April 22, 2015

Federal court denounces U.S. DOL's new regulations prohibiting third-party employers from utilizing the FLSA's domestic service employee exemptions
Employment Law Alert | December 24, 2014

California's paid sick leave law — no get well card for employers
Employment Law Alert | September 18, 2014

No cutting out: California employers must reimburse all cell phone expenses
Employment Law Alert | August 18, 2014

Timing is everything: California Supreme Court clarifies timing of commission pay for overtime exemption and when commissions must be paid
Employment Law Alert | August 4, 2014

Leave deductions for exempt employees' partial-day absences—still ok in California, now with no minimum
Employment Law Alert | August 4, 2014

California Supreme Court allows undocumented workers to recover damages in discrimination cases
Employment Law Alert | July 21, 2014

California Supreme Court allows class action waivers — but with exception for PAGA
Employment Law Alert | June 25, 2014

Don't forget! California's minimum wage increases on July 1, along with minimum salary for exempt employees
Employment Law Alert | June 9, 2014

"It's getting hot [out] here…"
OSHA Alert | May 16, 2014

California increases minimum wage, in two steps, to $10 per hour
California Law Alert | October 24, 2013

New decision, rules require new focus on pregnancy leaves and accommodation in California
Employment Law Alert | March 18, 2013

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Paul R. Lynd