Andrew J. Sommer is Managing Partner of Conn Maciel Carey’s California practice.  His practice is focused on employment litigation and counseling, with an emphasis on wage and hour, disability discrimination and whistleblowing claims as well as OSHA enforcement proceedings.  Andrew defends employers in administrative proceedings, arbitration and individual and collective litigation. 

 

Andrew represents clients in inspections, investigations and enforcement actions involving Cal/OSHA and other state plans.  He has served as a member of the Advisory Committee for Cal/OSHA’s COVID-19 prevention rulemaking. 

 

Andrew also is a frequent speaker at conferences and events and writes extensively on issues related to disability law, wage and hour compliance and Cal/OSHA compliance. 

Mr. Sommer has served as pro bono counsel for community nonprofits and served on the boards of Central City Hospitality House and La Raza Centro Legal.  

​

IN THE NEWS

 

 

Mr. Sommer is frequently quoted as an authority by the media. A selection of recent articles can be found here.

 

TOP NEWS AND KEY ARTICLES  

​

 

Newsom Signs Bill Vastly Expanding Cal/OSHA’s Enforcement Authority • September 30, 2021

​

Permanent COVID Standard by Spring? • September 24, 2021

 

Cal/OSHA Proposes “Permanent” COVID-19 Prevention Rule – Under Review By Its Advisory Committee • September 20, 2021

​

California Supreme Court Boosts Premium Pay For Meal, Rest and Recovery Break Violations • September 9, 2021

 

Cal/OSHA’S COVID-19 ETS To Be Updated This Week — And They Mean It This Time • June 16, 2021

​

Return Of California's COVID-19 Supplemental Paid Sick Leave • March 29, 2021

​

California Supreme Court Deals Blow to Employers, Recognizing a Rebuttable Presumption of Meal Period Violation Based on Time Records Alone and Prohibiting Rounded Time Punches • March 18, 2021

​

Setting the Stage for Permanent Wildfire Smoke Rule • June 5, 2020

 

[Client Alert] New California Employment Laws for 2021 Will Leave Their Mark • December 30, 2020

​

California Employment Law Update for 2019 • January 8, 2019

​

California Supreme Court places hurdle on classifying workers as independent contractors • May 4, 2018

​

More New Laws for California Employers • October 12, 2016

​

Assessing Exposure After the California Supreme Court's Ruling on Suitable Seating - A Legal and Ergonomics Perspective • April 21, 2016

​

The 2015 Legislative Update for California Employers • December 15, 2014

​

San Francisco’s Fair Chance Ordinance — New workplace law regulates criminal background inquiries • March 26, 2014

​

Plaintiffs Benefit from San Francisco Workplace Ordinance • March 7, 2014

​

​

RECENT SPEECH TOPICS

 

Cal/OSHA Standards Impacting the Wine Industry

 

Employee COVID-19 Infections: What Does Cal/OSHA Want me to Record? What do they Want me to Report?

 

California Employment Law Update for 2021: New Legal Requirements and Practical Compliance Strategies

 

Cal/OSHA Enforcement and Regulatory Update for 2021

 

Cal/OSHA's COVID-19 Emergency Temporary Standard

 

Cal/OSHA's Revised COVID-19 Emergency Temporary Standard

 

How to Implement a Complaint Drug Testing, and Antiretaliation Program

 

Workshop on Cal/OSHA Recordkeeping and Reporting

 

Workshop on Cal/OSHA; Everything a Safety Pro Needs to Know

​

​

REPRESENTATIVE CASES  

​

 

Mario Ruiz, et al. v. Shamrock Foods Co., 804 Fed. Appx. 2018 (9th Cir. 2020) (Ninth Circuit affirming summary judgment for employer in nationwide class action involving Fair Credit Reporting Act claims)

​

Amanda Barnes v. Marriott Hotel Services, Inc., No. 15-cv-01409-HRL, 2017 U.S. Dist. LEXIS 22588 (N.D. Cal. Feb. 16, 2017)(granting summary judgment to hotel on Title III ADA access claim involving novel questions of standing and the ADA standards for lodging reservations)​

​

Paul Reif v. Shamrock Foods Company, No. CV 15-00636-VAP-SP, 2016 U.S. Dist. LEXIS 44390 (C.D. Cal. Mar. 25, 2016)(Ninth Circuit affirming summary judgment on FMLA and wage and hour claims, aff’d, 2018 U.S. App. LEXIS 10368, 2018 WL 1917818. 

  ​

Department of Fair Employment & Housing v. Lucent Technologies, Inc., No. 09-15057, 642 F.3d 728 (9th Cir. 2011)(affirming summary judgment on FEHA disability discrimination claims)

​

Christopher Adams v. Robert Mondavi Winery, No. C055800, 2009 Cal. App. Unpub. LEXIS 7969, cert. denied (Cal. Ct. App. Oct. 5, 2009) (affirming defense verdict on whistleblower claims) 

​

​

  LANGUAGES  

 

Fluent in written and spoken Spanish

 

​

  EDUCATION  

 

 

J.D., University of San Francisco School of Law, 1997

Judicial externship, Chief Magistrate Judge F. Steele Langford (ND)

​

B.A., University of California, Berkeley, with distinction, 1991

Distinction in General Scholarship and Honors in Political Science

Junior year at the University of Barcelona

 

 

  BAR ADMISSIONS  

 

 

California

 

 

  COURT ADMISSIONS  

​

 

California State Courts

U.S. Court of Appeals for the Ninth Circuit

U.S. District Court, Central District of California

U.S. District Court, Eastern District of California

U.S. District Court, Northern District of California

U.S. District Court, Southern District of California