With over a dozen years of experience in the areas of employment and complex litigation, Jennifer Schermerhorn today focuses her practice on representing management clients in all aspects of labor and employment law.
One reason Jennifer chose to become a lawyer was to help people dealing with life’s biggest problems. After spending five years representing plaintiffs in sexual harassment, all areas of discrimination, wrongful termination, and retaliation, she switched to representing defendants, recognizing just how incredibly difficult it is for employers to comply with California law even with the best of intentions. Jennifer offers her clients guidance and policy tactics that protect them like a Kevlar suit, helping them conduct business safely.
Jennifer has played a prominent role on hundreds of employment-related matters including ones presented to the California Supreme Court as well as both Federal and State Courts of Appeal. She has successfully defended corporate and franchise employers in several wage-and-hour class action litigation cases. However, she also takes a pragmatic approach that may involve negotiating for prospective relief over financial relief or dealing with the labor commissioner before claims rise to the level of a class action.
Her instinct to serve has also made her an effective community advocate. Since her days in law school, Jennifer has volunteered her time raising funds for victims of domestic violence and assisting local tenants with real estate and landlord issues.
Juris Doctor; University of the Pacific, McGeorge School of Law; 2002
Bachelor of Arts, Economics; San Francisco State University; 1999
Reported Cases: Wage and Hour/ Class Actions
- Mediation/Arbitration/Settlement/Approved by Sacramento County Superior Court pertaining to claims for missed meal and rest periods, failure to reimburse for tools and clothing, failure to timely pay wages, reporting time, PAGA, etc. This case settled for $250,000 and had a putative class size of several hundred. (Wage Order 5)
- Mediation/Settlement/Approved in United States District Court Northern District of California – San Jose Division pertaining to unpaid wages due to employer’s rounding practice. This case settled for $450,000 and had a putative class size of several hundred. (Wage Order 14)
- Mediation/Settlement/Approved in San Francisco Superior Court pertaining to exemption misclassification case and claims of unpaid meal and rest periods, overtime, and reporting time claims, failure to pay wages at termination, etc. This case settled for $75,000. (Wage Order 15)
- Mediation/Arbitration/ Settlement with plaintiff representatives only on an individual bases because class claims were waived under the arbitration agreement, approved in Fresno Superior Court Case No. Piece rate claims. Meal and rest periods, overtime, and reporting time claims, etc. for putative class size of several hundred. Claims were settled individually with each plaintiff receiving under $20,000. (Wage Order 7)
- Settlement with plaintiff representative only and class action claims dismissed; approved in Santa Clara Superior Court pertaining to claims for unpaid wages, breach of contract, missed meal and rest periods, overtime, etc. (Wage Order 7)
Professional Associations/ Awards
- State Bar of California (2003 – present)
- San Mateo County Bar Association (2003 – 2013)
- San Mateo High School Mock Trial Coach (2009 – 2011)
- Community Affairs Committee (2006), Chair-Appointed (2007 & 2008)
- Client Relations Committee (2007 – 2010)
- Executive Committee of Women Lawyers’ Section (2007 & 2008)
- Conference of Delegates (2007 – 2008)
- San Mateo County Barristers (2005 – 2011), Secretary (2008)
- Coordination of several events benefiting charitable organizations in the Bay Area such as Shelter Network, Legal Aid Society and the Law Library
- Pro- Bono Legal Services
- Community Law Night Sponsored by the San Mateo County Court and Bar Maple Street Law Night (Shelter Network’s single adult homeless shelter) Cystic Fibrosis Foundation
- Trained Volunteer for Roseville Home Start, Inc. (2013 – present)
Publication & Lectures
- California New Law Updates
- Wage and Hour Compliance
- AB1825 for Managers, Supervisors, and Employees
- Immigration Control and Enforcement Update and Best Hiring Practices
- Managing Rest and Meal Periods before and after Brinker
- When and what determines a Hostile Work Environment?
- Complications and Interplay of Federal and California Leave Laws, Workers Compensation, and COBRA
- New Laws
- Exemption Classifications
- Piece Rate/Nonproductive time
- Class Action Waiver in Arbitration and the NLRB