Andrew J. Sommer is a partner in Conn Maciel Carey's San Francisco, CA office.
Mr. Sommer advises employers on a wide range of employment-related issues, and defends employers in administrative proceedings, arbitration and litigation at both the state and federal level. His practice includes the following:
Disability Discrimination and Public Access. Mr. Sommer defends employers against claims of disability discrimination brought by employees under Title I of the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) for failure to accommodate disabilities. He also represents his clients against claims brought by patrons alleging lack of accessibility under Title III of the ADA and the California Unruh and Disabled Persons Acts.
Whistleblower Statutes. Mr. Sommer represents employers accused of retaliation based on whistleblower activity including complaints of financial irregularities, and workplace safety violations.
Discrimination and Harassment. Mr. Sommer defends employers accused of discrimination and harassment based on race, religion, national origin, age, sex, and pregnancy, among other classifications. He also advises employers on best practices for conducting internal investigations of discrimination and harassment claims.
Wage and Hour Law. Mr. Sommer has extensive experience advising on and defending against claims under federal and state wage and hour laws, including issues involving overtime wages, misclassification of independent contractors, exempt status of employees, meal/rest breaks, and wage deductions. He also has litigated class action lawsuits and other collective actions under the California Private Attorneys General Act (PAGA).
Occupational Safety and Health Administration (OSHA). Mr. Sommer represents clients in inspections, investigations, enforcement actions and notices of alleged hazards involving Cal/OSHA and other state plans.
Employment Counseling. In addition to his litigation practice, Mr. Sommer regularly counsels clients on all aspects of the employment relationship, including hiring and termination, employment and separation agreements, employee handbooks, reductions in force and leave of absence issues. He also conducts training programs for his clients in both English and Spanish on harassment, reasonable accommodations for persons with disabilities and diversity.
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.
TOP NEWS AND KEY ARTICLES
Andrew J. Sommer quoted in Industry Asks High Court To Reverse State Ruling On Reach of OSH Act • August 8, 2018
Andrew J. Sommer quoted in Stronger enforcement leads to hike in Cal/OSHA fines, citations: Experts • July 11, 2018
California Supreme Court places hurdle on classifying workers as independent contractors, in Fast Casual • May 4, 2018
Andrew J. Sommer quoted in Guidelines for preventing, handling workplace violence • September 21, 2017
Andrew J. Sommer quoted in Workplace violence guidelines remain in place under Trump administration • September 20, 2017
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, in Bloomberg BNA • April 21, 2016
The 2015 Legislative Update for California Employers • December 15, 2014
San Francisco ‘Ban the Box’ Ordinance starts August 13, in HRHero.com • August 11, 2014
San Francisco’s Fair Chance Ordinance — New workplace law regulates criminal background inquiries, in Lexology • March 26, 2014
Plaintiffs Benefit from San Francisco Workplace Ordinance, in Law360 • March 7, 2014
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)(granting summary judgment on FMLA and wage and hour claims against employer), aff’d, 2018 U.S. App. LEXIS 10368, 2018 WL 1917818.
Titus Striplin v. Shamrock Foods Company, No. EDCV 15-664-JGB-KKx, 2016 U.S. Dist. LEXIS 39680 (C.D. Cal. Mar. 24, 2016)(granting summary judgment on disability discrimination and wage and hour claims against employer), aff’d., 2018 U.S. App. LEXIS 10360.
Frederick J. Casissa, et al. v. First Republic Bank, No. C 09-4129 CW, 2012 U.S. Dist. LEXIS 103206 (N.D. Cal. July 24, 2012)(granting summary judgment to employer on whistleblower claims)
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)
Katie Jerkovich v. Fresno-Madera Chapter of Am. Red Cross, No. CV-F-04-5811 REC DLB, 2005 U.S. Dist. LEXIS 44827 (E.D. Cal. Aug. 22, 2005)(granting summary judgment to employer on pregnancy discrimination claims)
J.D., University of San Francisco School of Law, 1997
B.A., University of California, Berkeley, with distinction, 1991
Universidad de Barcelona, 1989-1990
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
"We are able to provide creative out-of-the box solutions to workplace issues due to our breadth of experience and deep understanding of our
clients' needs and priorities."
870 Market Street • Suite 1151
San Francisco CA 94102
Andrew J. Sommer
Partner, Labor • Employment Practice Group
& OSHA • Workplace Safety Group