People: Simon L. Yang, Associate

Photo of 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 a senior 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.  He also has secured the voluntary dismissal of representative claims early in litigation prior to extensive discovery, obtained orders granting motions to deny class certification, and achieved a collective-action trial judgment in favor of the defendant—and affirmed the judgment on appeal. Mr. Yang has additional trial and appellate experience.

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 regularly authors management alerts and blog posts on legal developments related to California employment law at www.calpecs.com and wage and hour law at www.wagehourlitigation.com

Mr. Yang is a senior 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.  He also has secured the voluntary dismissal of representative claims early in litigation prior to extensive discovery, obtained orders granting motions to deny class certification, and achieved a collective-action trial judgment in favor of the defendant—and affirmed the judgment on appeal. Mr. Yang has additional trial and appellate experience.

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 regularly authors management alerts and blog posts on legal developments related to California employment law at www.calpecs.com and wage and hour law at www.wagehourlitigation.com

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

Representative Appellate Experience
  • Costco Wholesale Corporation adv. Velazquez, 603 Fed. App’x 584 (9th Cir. Mar. 25, 2015) (reversing award of waiting-time penalties based on lack of evidence supporting any willful failure to pay wages)
  • Costco Wholesale Corporation adv. Ward, 552 Fed. App’x 631 (9th Cir. Jan. 9, 2014) (affirming bench-trial judgment in favor of defendant against named plaintiff and 18 opt-in plaintiffs in collective action with involving deductions from final paychecks)
  • BP America Inc. adv. Vargas, 549 Fed. App’x 641 (9th Cir. Dec. 11, 2013) (affirming summary judgment on claim for wrongful termination in violation of public policy)
Representative 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

  • Guess?, Inc. adv. Martinez, Los Angeles Superior Court Case No. BC 498326 (denial of class certification on behalf of retail employees alleging off-the-clock work)
  • Costco Wholesale Corporation adv. Ruelas , 2015 WL 1359326 (C.D. Cal. Mar. 25, 2015) (obtaining judgment on the pleadings on PAGA representative action alleging meal period violations)
  • Costco Wholesale Corporation adv. Ruelas , 67 F. Supp. 3d 1137 (9th Cir. Sept. 8, 2014) (obtaining dismissal of wage statement allegations in PAGA representative action)
  • 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. Hoskins, 2014 WL 116280 (C.D. Cal. Jan. 9, 2014) (obtaining summary judgment on claims for disability discrimination, retaliation, failure to engage in the interactive process, failure to accommodate, and wrongful termination)
  • Costco Wholesale Corporation adv. Whitaker, 2013 WL 4407473 (E.D. Cal. Aug. 15, 2013) (obtaining summary adjudication on claim for Labor Code penalties)
  • 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)
  • 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)
  • 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)

Presentations

  • “Open Brainstorming about Future Employer: The impact of technology on wage and hour issues,” National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (August 16, 2017)

Publications