Search
  Share Print Page

Contact

Services

Education

Admissions

Recognition

Affiliations

 

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

  • 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.

  • Bay Area People
    San Francisco Business Times | February 2, 2012

    This news brief notes that San Francisco Labor & Employment attorney Paul Lynd and San Francisco Products attorney Eric Strain have been promoted to the firm’s partnership.

  • Clarifying ‘Show-Up’ and Split-Shift Wage Orders
    California and Employment Law 360 | January 30, 2012

    This article, authored by San Francisco Labor & Employment counsel Paul Lynd, discusses the California Court of Appeal’s resolution of two frequent questions arising under California’s reporting-time pay and split-shift premium requirements.

Ideas

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

. . . View all . . .

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

California court: class arbitration waivers allowed after all
Employment Law Alert | June 20, 2012

California upholds personal attendant exemption when health-related tasks involved, as efforts to eliminate it continue
Employment Law Alert | May 29, 2012

Employers take note: new EEOC guidance on criminal records in employment
Employment Law Alert | May 22, 2012

Brinker sequel: no attorney's fees allowed on California meal and rest period claims
Employment Law Alert | May 7, 2012

Webinar Recording: Can employers catch a break and rest after Brinker?
Originally recorded April 17, 2012 | April 20, 2012

California Supreme Court resolves key meal and rest period issues for California employers
Employment Law Alert | April 12, 2012

California Supreme Court sets stage for major decision on employers' rounding of time entries
Employment Law Alert | February 14, 2012

New ruling further expands California's commission pay overtime exemption
Employment Law Alert | February 13, 2012

California clarifies reporting time pay for scheduled meetings, split shift premiums
Employment Law Alert | January 18, 2012

. . . Hide Thought Leadership. . .

Events

Paul R. Lynd