People: Simon L. Yang, Associate

Simon L. Yang

Associate

Los Angeles - Downtown
Direct: (213) 270-9664
Fax: (310) 282-6974
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Mr. Yang is an associate in the Los Angeles office of Seyfarth Shaw LLP.  A member of the Labor & Employment department, he represents employers in all aspects of labor and employment litigation, including discrimination, harassment, wrongful termination, retaliation, wage and hour, business torts, and class action matters.

Focusing on class, collective-action, and representative wage and hour litigation, Mr. Yang has successfully defeated class and collective-action certification in numerous cases.  On numerous occasions, Mr. Yang successfully has secured the voluntary dismissal of class and collective-action claim early in litigation prior to extensive discovery, obtained orders granting motions to deny class certification,  and defeated motions for class certification.   Mr. Yang also has obtained a collective-action trial judgment in favor of the defendant.

Mr. Yang has additional trial experience in both state and federal court.  Most recently, Mr. Yang second chaired a trial in which the plaintiff sought and agreed to a settlement during the plaintiff’s case in chief.  He has also obtained jury verdicts and bench judgments in favor of the defendant.

Prior to becoming an attorney, Mr. Yang developed a well-balanced perspective to labor and employment issues.  In addition to postgraduate study in labor and industrial relations, Mr. Yang has prior work experience in human resources and for the National Labor Relations Board.

Mr. Yang is an associate in the Los Angeles office of Seyfarth Shaw LLP.  A member of the Labor & Employment department, he represents employers in all aspects of labor and employment litigation, including discrimination, harassment, wrongful termination, retaliation, wage and hour, business torts, and class action matters.

Focusing on class, collective-action, and representative wage and hour litigation, Mr. Yang has successfully defeated class and collective-action certification in numerous cases.  On numerous occasions, Mr. Yang successfully has secured the voluntary dismissal of class and collective-action claim early in litigation prior to extensive discovery, obtained orders granting motions to deny class certification,  and defeated motions for class certification.   Mr. Yang also has obtained a collective-action trial judgment in favor of the defendant.

Mr. Yang has additional trial experience in both state and federal court.  Most recently, Mr. Yang second chaired a trial in which the plaintiff sought and agreed to a settlement during the plaintiff’s case in chief.  He has also obtained jury verdicts and bench judgments in favor of the defendant.

Prior to becoming an attorney, Mr. Yang developed a well-balanced perspective to labor and employment issues.  In addition to postgraduate study in labor and industrial relations, Mr. Yang has prior work experience in human resources and for the National Labor Relations Board.

Education

  • J.D., University of California, Los Angeles, School of Law (2008)
    UCLA Journal of International Law and Foreign AffairsCo-Chief Articles Editor (2007-2008); Managing Editor (2006-2007)
  • B.S., University of Pennsylvania, Wharton School (2004)

Admissions

  • California

Courts

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

Representative Engagements

Trial Experience

  • Farmers Insurance Exchange adv. Block, Orange County Superior Court Case No. 30-2010-00363405 (obtaining mid-trial agreement from plaintiff to voluntarily settle claims of wrongful termination and age discrimination)
  • Costco Wholesale Corporation adv. Ward, 2011 WL 3296173 (C.D. Cal. Aug. 1, 2011) (obtaining judgment in favor of defendant against named plaintiff and 18 opt-in plaintiffs on claims involving deductions from final paychecks pursuant to collective-action trial)
  • Costco Wholesale Corporation adv. Drenckhahn, Central District of California Case No. 08-CV-01408-JHN (SSx) (obtaining jury verdict in favor of defendant on claim that plaintiff was misclassified as an exempt employee under the FLSA)

Representative Class and Collective-Action Wage & Hour Matters

  • BP America Inc. adv. Vargas, 2012 WL 169953 (E.D. Cal. Jan. 19, 2012) (obtaining summary judgment on all claims for wrongful termination in violation of public policy, breach of employment contract, and breach of implied covenant of good faith and fair dealing)
  • Costco Wholesale Corporation adv. Velazquez, 2011 WL 4891027 (C.D. Cal. Oct. 11, 2011) (obtaining denial of class certification of putative class action alleging misclassification of managers)
  • Costco Wholesale Corporation adv. Ward, 2011 WL 3296173 (C.D. Cal. Aug. 1, 2011) (obtaining judgment in favor of defendant against named plaintiff and 18 opt-in plaintiffs on claims involving deductions from final paychecks pursuant to collective-action trial)
  • The Prudential Insurance Company of America adv. Osborne, 2010 WL 4103680 (C.D. Cal. Oct. 14, 2010) (obtaining denial of class certification and conditional collective-action certification in nationwide FLSA lawsuit on behalf of call center employees alleging off-the-clock work and failure to pay overtime; summary judgment subsequently was granted against the class representative)
  • BP Products North America Inc. adv. Muniz et al., Central District of California Case No. 11-CV-09165-DOC (MLGx) (obtaining voluntary dismissal of all class and representative PAGA allegations in putative meal and rest break class action)
  • Costco Wholesale Corporation adv. Medrano, Los Angeles Superior Court Case No. BC441597 (obtaining dismissal of class action and Private Attorney General Act of 2004 allegations and claims from putative class action alleging misclassification of managers)
  • Nike Retail Services, Inc. adv. Larios, Southern District of California Case No. 11-CV-01600-BTM (NLS) (obtaining dismissal of nationwide FLSA collective-allegations prior to initial response in case)
  • Nike Retail Services, Inc. adv. Proctor, Northern District of California Case No. 11-CV-06711-YGR (defending nationwide class and collective-action claims that allege violations of California, Nevada, New Jersey, New York, and Oregon state law)
  • Costco Wholesale Corporation adv. Drenckhahn, Central District of California Case No. 08-CV-01408-JHN (SSx) (obtaining denial of class certification and subsequently obtaining decertification of conditionally certified FLSA collective action alleging misclassification of managers)

Other Representative Matters

  • BP Products North America Inc. adv. Muniz, Los Angeles Superior Court Case No. BC 458966 (defending claims alleging interference with the right to seek union counsel, retaliation and wrongful termination in violation of public policy, emotional distress, assault, intentional infliction of emotional distress)
  • Farmers Insurance Exchange adv. Block, Orange County Superior Court Case No. 30-2010-00363405 (obtaining mid-trial agreement from plaintiff to voluntarily settle claims of wrongful termination and age discrimination)
  • BP West Coast Products LLC adv. Pina, San Luis Obispo Superior Court Case No. CV108325 (obtaining demurrer, without leave to amend, for all causes of action alleged against franchisor for claims alleging sexual harassment, wrongful termination, and various violations of the California Labor Code)

Publications