Todd B. Scherwin
Todd Scherwin is the managing partner of the Los Angeles office where he both litigates on behalf of local and national employers and regularly advises businesses on a range of employment matters.
Todd’s litigation practice involves representing employers in Private Attorney General Act (PAGA) actions and class actions, employment discrimination, harassment, and retaliation claims, trade secret protection, and administrative proceedings. Todd has defended employers in civil litigation in state and federal court, including the 9th Circuit Court of Appeals and the United States Supreme Court. Notably, Todd and his team were successful in convincing the United States Supreme Court to reverse and remand the Ninth Circuit Court of Appeals in the case, Encino Motorcars v. Navarro in April 2018.
Todd has also defended employers before federal and state administrative agencies including the Department of Labor, the Division of Labor Standards Enforcement (DLSE), and the California Unemployment Insurance Appeals Board (CUIAB).
Todd regularly counsels employers on day-to-day issues including state and federal leave laws, harassment and discrimination issues, terminations, and wage-hour laws. He also guides clients in developing preventative policies and procedures to avoid costly employment claims and litigation.
He frequently provides human resource training to clients and speaks to employers and employer groups regarding labor and employment issues across the country.
Todd is a member of the HR Advisory Board at the California State University, Long Beach where he is currently a lecturer in the Human Resources Management Program teaching California Labor and Employment Law.
He was selected for inclusion in Super Lawyers in 2015, 2016, 2017 and 2018 and Southern California Super Lawyers – Rising Stars in 2012, 2013, and 2014. Furthermore, Todd was the recipient of the Client Choice Award in 2015. The Recorder named Todd to its “2013 Lawyers on the Fast Track” list, which recognizes 50 attorneys in California with early career accomplishments that indicate they will be tomorrow’s top lawyers and leaders.
During law school, he served as an extern to the Honorable Ronald S.W. Lew of the United States District Court, Central District of California.
Todd was a member of the University of California, San Diego NCAA Baseball Team in college.
- Class Action and PAGA Claim Defeated with Arbitration Agreement. Todd along with several lawyers from the Los Angeles office defeated a putative wage and hour class action, including a claim for PAGA brought against one of California’s largest safety- traffic providers. A Los Angeles Superior Court judge found that the allegations under PAGA were covered by the arbitration agreement and ordered the individuals to arbitration on an individual basis on their respective PAGA claims.
- Arbitration Victory in Age Discrimination/Retaliation Lawsuit.
Todd tried a case on behalf of a large national tool and specialty material supplier. They received a full defense award in a two week long arbitration where Plaintiff, a 25+ year employee alleged millions of dollars in damages stemming from his age discrimination claim.
- Obtained Monetary Settlement On Behalf of Employer in a Trade Secret Misappropriation/Breach of Duty of Loyalty Claim.
On behalf of a franchisee of retail shipping, postal, printing and business services obtained a large settlement against a former employee/manager who attempted to steal customers and information from the franchisee.
- Trial Win in Wage-Hour/Exemption Claim.
Todd obtained a defense verdict on an overtime misclassification claim after a three day trial in Riverside Superior Court.
- Summary Judgment Obtained on Behalf of School in Pregnancy Discrimination Lawsuit.
Todd along with Nathan Okelberry obtained summary judgment in Los Angeles Superior Court on behalf of an elementary school in a pregnancy discrimination and retaliation claim brought by a former employee.
- Navarro v. ENCINO MOTORCARS, LLC 780 F.3d 1267
Encino Motorcars v. Navarro, 136 S. Ct. 1538 - Supreme Court 2016
Honors & Leadership
Honors & Awards
- The Recorder “2013 Lawyers on the Fast Track”
- Southern California Super Lawyers – Rising Star (2012-2014)
- Super Lawyers (2015-2017)
Todd serves on the HR Advisory Board at the California State University, Long Beach and is a member of the Orange County Bar Association, the Los Angeles County Bar Association, and the Long Beach Chamber of Commerce.
- Fisher Phillips Partners McDonald and Scherwin Recognized in 2018 Edition of Southern California Super Lawyers1.30.18
- Todd Scherwin is Recognized For Excellent Client Care and Quality of Service2.26.15
- Five Fisher Phillips Attorneys Listed in 2014 Southern California "Rising Stars" Honors Come as Los Angeles Office Expands6.10.14
- Attorneys From the Firm’s Los Angeles and Irvine Offices Named to Under 40 List6.14.13
Seminars & Speaking Engagements
- Fisher Phillips 2017 California SeminarsSeptember 7 - 28, 2017
- Updates on Employment Practices, Labor Law Updates, Liability2.3.17
- Advanced Skills for Wage and Hour Compliance Management11.17.16
- Avoiding Common Pitfalls for Employers: Managing Employee Pay and Being Compliant with Federal & State LawJoint Presentation by Fisher Phillips and Paychex10.21.16
- California Breakfast Briefing6.7.16
- Breakfast Briefing10.1.15
- Changes on the Horizon: Changes on the Horizon: What Every Nonprofit Needs to Know About Employment Laws & the ACA9.29.15
- Wage & Hour Law and Leave Law Update
California Hotel & Lodging Association Conference
- Understanding Leave Laws in California
presented by the Employers Advisory Council of Orange County
- NAPEO Webinar on Employee Privacy: The Future Wave of Litigation and dealing with Social Networking
- Intersection of Disability Leave Laws in California
given by Business and Learning Resources
- The intersection of the ADA/FEHA and the FMLA/CFRA
given by Business Learning Resources
- California Supreme Court's "Mixed Motive" Ruling May Have Major Impact on Fair Employment and Housing Claims2.11.13
- Employees Beware: The 9th Circuit Finds That Unauthorized Access To An Employer's Computer May Create Criminal Liability Under The Computer Fraud & Abuse Act5.3.11
- In California FEHA Discrimination Case, Federal Courts Have Jurisdiction to Determine Whether Obtaining Security Clearance Was a Bona Fide Job Requirement4.7.11
- First Impression Decision: Under WARN Act Quitting Due to Business's Imminent Closing is Not "Voluntary Departure"1.27.11
- Not Providing Employees With “Recovery Periods” In TH Shad May Burn Employers California Clubs of Distinction, Q4 2015 Newsletter
- Beware of How you Pay Your Employees Today … You May Pay More Tomorrow California Clubs of Distinction, Q3 2014 Newsletter
- Workplace Resolutions Every California Employer Needs to Make and Keep for 2015 California Clubs of Distinction, Q4 2014 Newsletter
- Gig Employer Blog8.19.16
- Supreme Court Gives Dealerships The Green Light: Service Advisors Are Exempt From FLSA Overtime Requirements4.2.18
- Groundhog Day Comes Early For West Coast Auto Dealers: Another Loss In Service Advisor Exemption Battle1.10.17
- Uncertain Times Ahead For Many Gig Employers8.19.16
- 9th Circuit Holds Service Advisors Non-Exempt Under FLSA Dealership "Salesman" Exemption; Section 7(i) Exemption Is Still Available3.25.15
- Automotive Dealership
- California Appellate
- Employee Defection and Trade Secrets
- Employment Discrimination and Harassment
- Employment Policies and Procedures
- Prevailing Wage Issues
- Retaliation and Wrongful Termination
- Wage and Hour Law
- California Employment Law
- Class and Collective Actions
- Gig Economy
- Labor and Employment Litigation
- Retail Industry
- University of Southern California, Gould School of Law, Los AngelesJ.D.
- University of California, San DiegoB.A.
- California Superior Court
- Supreme Court of California
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
- U.S. Supreme Court