People: Jon D. Meer, Partner

Jon D. Meer

Partner

Los Angeles - Century City
Direct: (310) 201-1586
0

Mr. Meer is a partner in the Los Angeles office of Seyfarth Shaw LLP.  He is a member of the Labor & Employment Department and has extensive experience representing global clients in class action and collective action lawsuits, as well as several other types of high exposure claims.

Mr. Meer has successful experience in litigation and client counseling of employers in all areas of wage & hour class action and collective action litigation, mass layoffs and related litigation, employment discrimination class actions, and high exposure claims for wrongful discharge, discharge in violation of public policy, sexual and other harassment, disability, reasonable accommodation and access issues, labor arbitration, unfair business practice litigation under California Business & Professions Code Section 17200, employee benefits litigation, and protection of employer trade secrets and non-competition issues.

Mr. Meer also has assisted numerous clients in large employment-related transactions such as wage & hour compliance audits, corporate restructuring, plant or facility closures, reductions in force, mergers, acquisitions and divestitures, internal investigations, state and federal audits and investigations, trade secret protection and privacy issues, electronic discovery issues, and document retention for litigation.

Trial And Case Victories

Mr. Meer is one of only a handful of employment lawyers in Southern California with successful class action trial experience, including the successful defense of wage & hour claims in a class action that went to trial before a Los Angeles jury.  Mr. Meer has won complete defense verdicts for employers in several wage and hour trials and also obtained complete defense verdicts for employers in over a dozen other jury trials.

Prior to trial, Mr. Meer has a consistent record of defeating class certification in wage & hour cases as well as complex discrimination and civil rights cases.  Mr. Meer has defeated class certification or conditional certification in dozens of cases and has obtained summary judgment for employers in over 50 cases in state and federal courts.  He has also won appellate cases before the California Court of Appeal and the United States Court of Appeal for the Ninth Circuit.  Mr. Meer currently has a case pending before the California Supreme Court, in which the plaintiffs are challenging the denial of class certification. 

Mr. Meer also has been particularly successful in recovering significant amounts of money on behalf of employers and companies, after defeating claims brought by former employees.  He has recovered attorneys’ fees for employers in over a dozen cases after winning dismissal of their lawsuits, with awards of attorneys’ fees ranging from $5,000 to $1 million. 

Mr. Meer has defeated a case brought by a chief executive officer of a pharmaceutical company, resulting in an order for the plaintiff to pay $1 million in attorneys’ fees to the defendant as well as a criminal conviction for the plaintiff.  He also defeated a case brought by a Senior Vice President of a large publicly traded company, resulting in an attorneys’ fees award to the defendant in excess of six figures.  He has also defeated a case brought by an in-house counsel, resulting in an attorneys’ fee award to the defendant in excess of six figures, along with litigation costs.  He also defeated a case brought by a serial litigant who had previously filed over 100 discrimination cases, resulting in an attorneys’ fee award for the defendant in excess of six figures, which was then executed as a judgment lien on the plaintiff’s other pending lawsuits.

Successful Settlements

Mr. Meer has negotiated favorable class action or collective action settlements in over 30 cases involving wage & hour, unfair competition and discrimination claims.  Recently, he negotiated a class action settlement with a payment representing less than 3% of the potential exposure in a case involving 25,000 current and former convenience store employees of a global corporation with potential damages and penalties exceeding $125 million.

He also recently negotiated a settlement for less than 5% of the potential exposure in a class action case brought against one of the nation’s largest commercial construction companies, which settled on the second day of trial.  Before trial, the plaintiff class demanded a settlement in excess of $15 million. 

Mr. Meer also has settled a state-wide class action case involving 600 current and former employees for a single payment of $5,000 to the class representative.  He also settled a state-wide class action for a single payment of $1,000 to the class representative, in a case brought on behalf of approximately 500 call center employees.

Mr. Meer obtained a walk-away settlement in a class action alleging various ERISA violations for failure to pay benefits, benefit cutbacks and breach of fiduciary duty.  The claims alleged in this case, if successful, could have destroyed the solvency of tax-qualified status of the pension plan that was sued. 

Mr. Meer also has obtained walk-away settlements in three other class action cases, each of which involved over 300 employees.  He has also negotiated favorable settlements in four class action cases brought by large labor unions.

Training, Audits and Litigation Avoidance

Mr. Meer can arrange on-site training for in-house counsel, executive officers, human resources representatives, management or any level of employees through the “Seyfarth At Work” training series.  This training focuses on current issues in employment law presented in programs such as “Managing Within The Law,” “Human Resources Nuts And Bolts,” “Responding To Internal Complaints” and state-required non-harassment training.

Mr. Meer also conducts full-scale or topical audits of human resources policies or practices to help avoid litigation.  These audits include review of all written policies, review of all required employer postings, notices, recordkeeping requirements, review of exempt and non-exempt job classifications and statistical sampling of payroll records to identify potential issues regarding overtime, meal periods and rest periods. 

Mr. Meer also frequently help clients develop and implement litigation avoidance procedures, including standardized review processes, documentation protocols, decision-making flow-charts, statistical auditing and electronic document management.

Professional Recognition

For the last 12 consecutive years, Mr. Meer has been listed in the National Bar Registry of Preeminent Lawyers and has an “AV” Rating from Martindale-Hubbell/Thomson-Reuters, which is their highest peer review survey rating for legal abilities and ethical standards.  Mr. Meer also received a 5.0 out of 5 peer top ranking for legal abilities by Lawyers.com. 

Mr. Meer also has been elected to be included in the Southern California Super Lawyers in the area of Labor & Employment Law in a peer ranking survey in Los Angeles Magazine and has been included in the Nationwide Corporate Counsel Edition of Super Lawyers based on national rankings from in-house corporate counsel at Fortune 500 companies.  Mr. Meer has also been selected to be included in the Top Lawyer listing selected by the Beverly Hills Courier.  Mr. Meer has also been listed in Marquis Who’s Who In American Business.

Mr. Meer is frequently quoted as an expert in labor and employment issues and has appeared in The Wall Street Journal, The New York Times, The Los Angeles Times, The International Herald Tribune, The National Law Journal, msnbc.com, workforce.com, law.com, complianceweek.com, allbusiness.com, Inc.Magazine, The Los Angeles Business Journal, The Los Angeles Daily Journal, The San Francisco Recorder and Legal Elite.

Mr. Meer is a partner in the Los Angeles office of Seyfarth Shaw LLP.  He is a member of the Labor & Employment Department and has extensive experience representing global clients in class action and collective action lawsuits, as well as several other types of high exposure claims.

Mr. Meer has successful experience in litigation and client counseling of employers in all areas of wage & hour class action and collective action litigation, mass layoffs and related litigation, employment discrimination class actions, and high exposure claims for wrongful discharge, discharge in violation of public policy, sexual and other harassment, disability, reasonable accommodation and access issues, labor arbitration, unfair business practice litigation under California Business & Professions Code Section 17200, employee benefits litigation, and protection of employer trade secrets and non-competition issues.

Mr. Meer also has assisted numerous clients in large employment-related transactions such as wage & hour compliance audits, corporate restructuring, plant or facility closures, reductions in force, mergers, acquisitions and divestitures, internal investigations, state and federal audits and investigations, trade secret protection and privacy issues, electronic discovery issues, and document retention for litigation.

Trial And Case Victories

Mr. Meer is one of only a handful of employment lawyers in Southern California with successful class action trial experience, including the successful defense of wage & hour claims in a class action that went to trial before a Los Angeles jury.  Mr. Meer has won complete defense verdicts for employers in several wage and hour trials and also obtained complete defense verdicts for employers in over a dozen other jury trials.

Prior to trial, Mr. Meer has a consistent record of defeating class certification in wage & hour cases as well as complex discrimination and civil rights cases.  Mr. Meer has defeated class certification or conditional certification in dozens of cases and has obtained summary judgment for employers in over 50 cases in state and federal courts.  He has also won appellate cases before the California Court of Appeal and the United States Court of Appeal for the Ninth Circuit.  Mr. Meer currently has a case pending before the California Supreme Court, in which the plaintiffs are challenging the denial of class certification. 

Mr. Meer also has been particularly successful in recovering significant amounts of money on behalf of employers and companies, after defeating claims brought by former employees.  He has recovered attorneys’ fees for employers in over a dozen cases after winning dismissal of their lawsuits, with awards of attorneys’ fees ranging from $5,000 to $1 million. 

Mr. Meer has defeated a case brought by a chief executive officer of a pharmaceutical company, resulting in an order for the plaintiff to pay $1 million in attorneys’ fees to the defendant as well as a criminal conviction for the plaintiff.  He also defeated a case brought by a Senior Vice President of a large publicly traded company, resulting in an attorneys’ fees award to the defendant in excess of six figures.  He has also defeated a case brought by an in-house counsel, resulting in an attorneys’ fee award to the defendant in excess of six figures, along with litigation costs.  He also defeated a case brought by a serial litigant who had previously filed over 100 discrimination cases, resulting in an attorneys’ fee award for the defendant in excess of six figures, which was then executed as a judgment lien on the plaintiff’s other pending lawsuits.

Successful Settlements

Mr. Meer has negotiated favorable class action or collective action settlements in over 30 cases involving wage & hour, unfair competition and discrimination claims.  Recently, he negotiated a class action settlement with a payment representing less than 3% of the potential exposure in a case involving 25,000 current and former convenience store employees of a global corporation with potential damages and penalties exceeding $125 million.

He also recently negotiated a settlement for less than 5% of the potential exposure in a class action case brought against one of the nation’s largest commercial construction companies, which settled on the second day of trial.  Before trial, the plaintiff class demanded a settlement in excess of $15 million. 

Mr. Meer also has settled a state-wide class action case involving 600 current and former employees for a single payment of $5,000 to the class representative.  He also settled a state-wide class action for a single payment of $1,000 to the class representative, in a case brought on behalf of approximately 500 call center employees.

Mr. Meer obtained a walk-away settlement in a class action alleging various ERISA violations for failure to pay benefits, benefit cutbacks and breach of fiduciary duty.  The claims alleged in this case, if successful, could have destroyed the solvency of tax-qualified status of the pension plan that was sued. 

Mr. Meer also has obtained walk-away settlements in three other class action cases, each of which involved over 300 employees.  He has also negotiated favorable settlements in four class action cases brought by large labor unions.

Training, Audits and Litigation Avoidance

Mr. Meer can arrange on-site training for in-house counsel, executive officers, human resources representatives, management or any level of employees through the “Seyfarth At Work” training series.  This training focuses on current issues in employment law presented in programs such as “Managing Within The Law,” “Human Resources Nuts And Bolts,” “Responding To Internal Complaints” and state-required non-harassment training.

Mr. Meer also conducts full-scale or topical audits of human resources policies or practices to help avoid litigation.  These audits include review of all written policies, review of all required employer postings, notices, recordkeeping requirements, review of exempt and non-exempt job classifications and statistical sampling of payroll records to identify potential issues regarding overtime, meal periods and rest periods. 

Mr. Meer also frequently help clients develop and implement litigation avoidance procedures, including standardized review processes, documentation protocols, decision-making flow-charts, statistical auditing and electronic document management.

Professional Recognition

For the last 12 consecutive years, Mr. Meer has been listed in the National Bar Registry of Preeminent Lawyers and has an “AV” Rating from Martindale-Hubbell/Thomson-Reuters, which is their highest peer review survey rating for legal abilities and ethical standards.  Mr. Meer also received a 5.0 out of 5 peer top ranking for legal abilities by Lawyers.com. 

Mr. Meer also has been elected to be included in the Southern California Super Lawyers in the area of Labor & Employment Law in a peer ranking survey in Los Angeles Magazine and has been included in the Nationwide Corporate Counsel Edition of Super Lawyers based on national rankings from in-house corporate counsel at Fortune 500 companies.  Mr. Meer has also been selected to be included in the Top Lawyer listing selected by the Beverly Hills Courier.  Mr. Meer has also been listed in Marquis Who’s Who In American Business.

Mr. Meer is frequently quoted as an expert in labor and employment issues and has appeared in The Wall Street Journal, The New York Times, The Los Angeles Times, The International Herald Tribune, The National Law Journal, msnbc.com, workforce.com, law.com, complianceweek.com, allbusiness.com, Inc.Magazine, The Los Angeles Business Journal, The Los Angeles Daily Journal, The San Francisco Recorder and Legal Elite.

Education

  • J.D., Boston University School of Law (1989)
    Law Journal Executive Editor for Publication
    Honorable Paul J. Liacos Scholar in the Law
  • B.S., Cornell University (1986)
    School of Industrial and Labor Relations, with honors
    Phi Kappa Phi National Honor Society
    Phi Eta Sigma National Honor Society

Admissions

  • California

Courts

  • U.S. District Court for the Central, Eastern, Northern, and Southern Districts of California
  • U.S. District Court of Nevada
  • U.S. District Court for the Eastern District of Michigan
  • U.S. Court of Appeals for the Ninth Circuit and Sixth Circuit.

Affiliations

  • State Bar of California - Labor and Employment Section
  • American Bar Association - Labor and Employment Section
  • Los Angeles County Bar Association - Labor and Employment Section
  • Cornell University - School of Industrial and Labor Relations Alumni Association
  • Cornell University - Los Angeles Alumni Association and Applicant Interview Committee
  • UCLA Law School - Former Moot Court Judge
  • Constitutional Rights Foundation - Former “Lawyer in the Classroom” Participant in South-Central Los Angeles

Representative Engagements

Reported Appellate Case Decisions

  • Vargas v. BP America Inc., 2012 WL 169953 (E.D. Cal. 2012) (granting summary judgment in whistleblower case involving alleged promises of no retaliation made by the Chairman and President of the company)
  • Nguyen v. Baxter Healthcare Corp., 2011 WL 6018284 (C.D. Cal. 2011) (granting summary judgment against the class representative and dismissing entire class action alleging meal period violations, claims for penalties under California Labor Code section 226, restitution under the California Unfair Competition Law (“UCL”) and penalties under the California Private Attorney General Act (“PAGA”); also denying Plaintiff’s cross-motion for summary judgment)
  • Vargas v. BP America Inc., 2011 WL 1601588 (E.D. Cal. 2011) (granting motion for judgment on the pleadings as to allegations of widespread safety violations and whistle blower claims)
  • Nguyen v. Baxter Healthcare Corp., _ F.R.D. _, 2011 WL 2183993 (C.D. Cal. 2011) (denying class-wide discovery prior to seeking certification and limiting discovery requests to only the location where the class representative worked)
  • Osborne v. Prudential Insurance Co. of America, Inc., 2010 WL 4103680 (C.D. Cal. 2010) (defeated conditional class certification in a nationwide FLSA lawsuit alleging failure to pay overtime and off-the-clock work involving call center employees; summary judgment was then granted against the class representative)
  • Yip v. Unite Here Pension Fund, 2010 WL 2816061 (S.D. Cal. 2010) (granting motion to dismiss and denying plaintiff’s motion for reconsideration of dismissal of ERISA claims in a class action for failure to pay employee benefits)
  • Jones v. Wild Oats Markets, Inc., 467 F. Supp. 2d 1004, 1013, 1016 (S.D. Cal. 2006) (awarding attorneys’ fees to defendant; the court stated “Mr. Meer has set forth evidence that he is considered a leading practitioner in his field;” “There is no doubt that counsel has special skill and experience and that the quality of representation was excellent in this case”)
  • Bradley, et al. v. Networkers International LLC, 2009 WL 265531 (Cal. App. 4th Dist. 2009), review granted, California Supreme Court (2009) (denying class certification in case alleging violations of the California Labor Code for unpaid overtime, missed meal and rest periods and related penalties as well as injunctive relief and restitution under the California Unfair Competition Law)
  • Goldberg v. LDDS WorldCom, 124 Fed. App. 577 (9th Cir. 2005) (affirming summary judgment for an employer sponsored benefit plan covering 10,000 plan participants on the issue that certain pre-existing medical conditions were properly excluded)
  • Marshall v. Kelly Services, Inc., 134 F.3d 378 (9th Cir. 1998) (affirming summary judgment for an employer in a case brought by a former Senior Vice President alleging age and disability discrimination; also affirming summary judgment for the company’s Chief Executive Officer, who was personally named in the lawsuit)
  • Hodge v. Superior Court, 145 Cal. App. 4th 278 (2006) (holding that there is no right to a jury trial in a class action for unpaid wages brought under the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq.)
  • Valdez v. Clayton Industries, Inc., 2002 WL 31769424 (Cal. App. 2d Dist. 2002) (affirming summary adjudication for claim of sexual harassment)
  • Magallanes v. Telemundo Network, Inc., 2002 WL 31029235 (Cal. App. 2d Dist. 2002) (reversing and remanding case where plaintiff’s counsel sought multiplier for award of attorneys’ fees for work performed in connection with class action settlement)
  • Linsley v. Fox Television Stations, Inc., 2001 WL 1383148 (Cal. App. 2d Dist. 2001) (affirming summary judgment for the employer in a wrongful termination lawsuit)

Other Recent Significant Engagements (Client names are confidential)

  • Represented an international oil company in three class action cases for alleged meal and rest period violations; the cases were brought by the United Steelworkers union and International Brotherhood of Electrical workers union; cases settled on very favorable terms, primarily consisting of changes in recordkeeping practices for hourly employees.
  • Represented a state-wide chain of 230 convenience stores in two class action cases for alleged unpaid overtime and meal and rest period violations; the court granted summary adjudication as to the overtime claims; plaintiffs then failed to move for class certification on the remaining claims.
  • Represented a state-wide chain of 160 convenience stores in a class action case for alleged failure to pay mileage expenses for employees traveling for company business purposes; the court dismissed the class-wide allegations and the case was narrowed to a single plaintiff lawsuit, resulting in a five-figure settlement.
  • Represented a chain of auto parts retailers in a nationwide class action alleging disability discrimination; class-wide allegations were dismissed by the court and the case was reduced to a single plaintiff lawsuit.
  • Represented an international telecommunications company in a class action alleging misclassification of independent contractors, unpaid wages and meal and rest period violations; class certification denied by the court.
  • Represented a national ink manufacturing corporation in a case alleging failure to pay overtime wages and meal and rest period violations; judgment was granted in favor of the employer following a 10-day trial. 
  • Represented a foreign government and its Los Angeles Consulate and Ministry of Foreign Trade in a case alleging discrimination and wrongful termination.
  • Represented the Chairman and President of a prominent financial services firm, who was accused of sexual harassment and retaliation.
  • Represented the Chief Executive Officer of an international publicly-traded company, who was accused of inducing breach of contract and unfair business practices in connection with the termination of a division manager.
  • Represented an international chain of quick service restaurants in a class action alleging violation of the California Labor Code based on improper questions contained on job applications.
  • Represented a national chain of fitness centers in a claim of gender discrimination for operating “women only” fitness facilities.
  • Represented an international automobile company in wage & hour audit for exempt and non-exempt job classifications for research, development and design employees. 
  • Represented an international talent agency in overhaul of human resources and compensation practices for exempt employees.
  • Represented a chain of movie theaters in connection with employment-related issues for asset sale of partial operations.
  • Represented numerous national retailers in class actions for overtime pay and meal and rest period issues.
  • Represented numerous national retailers in claims for disability discrimination based on “accessibility violations” at store facilities.

Presentations

Speeches and Presentations for Continuing Legal Education

Mr. Meer is a frequent speaker on employment law topics and litigation. He has taught several courses for other lawyers, which were certified for Mandatory Continuing Legal Education credit by the State Bar of California, including a course entitled "Winning Summary Judgments in Employment Litigation." Mr. Meer also has been a speaker at the Annual Advanced Employment Law Briefing of the National Employment Law Institute (NELI) and has spoken at the annual national meeting of the Professionals in Human Resources Management. Mr. Meer also has spoken at the Annual Employment Law Update sponsored by The Employers Group and at various meetings of The Employers Advisory Council and American Corporate Counsel Association.

Publications

Published Articles & Treatises

  • Chapter Author, "Chapter 16 - Wage and Hour Collective Action Trials," Wage & Hour Collective and Class Litigation, ALM Law Journal Press (2012).  Definitive treatise on wage and hour litigation.
  • Author, “Harassment Based on Religion,” Harassment in Employment Law (Lindemann & Kadue, Eds.; BNA Publications, 2011)
  • Author, “Wider Bases For Retaliation Claims, But Not Better Chances For Success,” (Worforce.com, July 2008)
  • Author, Annual Update in Wage and Hour Litigation, Lorman Seminars (2008)
  • Author, “To Settle Or Not To Settle -- Recovering Attorneys’ Fees As A Prevailing Party,” (California Lawyer, 2006)
  • Author, “The First 10 Things An Employer Should Do When Served With An Employment Related Lawsuit Or Administrative Claim,” The Corporate Counselor (Summer 2001)
  • Author, “To Settle Or Not To Settle -- 10 Questions An Employer Should Ask,” (California Labor Letter 1999)
  • Co-Author, “Damage Control -- Steps Employers Should Take After A Lawsuit Has Been Filed, (The Practitioner, Employment Law, Summer 2001)
  • Co-Author, “Another Option -- Employers Should Consider Arbitration,” (California Lawyer, May 2003)
  • Co-Author, “The Alleged Harasser as Defendant” and “The Employer’s Litigation Strategy,”
  • Sexual Harassment In Employment Law (B. Lindemann, Ed. BNA Publications 1992)
  • Co-Author, “Employee Investigations, Privacy & the Law,”
  • Advanced Annual Employment Law Briefing (National Employment Law Institute 1996)