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Todd B. Scherwin

Regional Managing Partner, Los Angeles
Los Angeles
t: 213.330.4450
f: 213.330.4501

Overview

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.

Experience

Experience

  • 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.

Reported Cases

  • 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)

Professional Activities

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.

Insights

News

Seminars & Speaking Engagements

  • Wage & Hour Law and Leave Law Update
    California Hotel & Lodging Association Conference
    2008
  • Understanding Leave Laws in California
    presented by the Employers Advisory Council of Orange County
    2009
  • NAPEO Webinar on Employee Privacy: The Future Wave of Litigation and dealing with Social Networking
    2010
  • Intersection of Disability Leave Laws in California
    given by Business and Learning Resources
    2011
  • The intersection of the ADA/FEHA and the FMLA/CFRA
    given by Business Learning Resources
    2011

Articles

  • 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

Education

Bar Admissions

Court Admissions

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