Scott McLeod is an attorney in the firm’s Business Litigation group. His practice is focused on employment law spanning a range of litigation and regulatory areas. He has experience representing clients in litigation matters, including discrimination and retaliation related to sexual harassment, gender, sexual orientation, national origin, religious and age; employee embezzlement; misclassification litigation; Americans with Disabilities Act; and Department of Labor administrative proceedings and civil actions involving wage and hour issues. Scott also drafts employee manuals and policies, including drug testing policies, background checks, leave policies, arbitration agreements, and alternative workweek policies. He counsels employers on a variety of issues, including terminations, employee classifications for overtime purposes, disciplinary measures, Family Medical Leave Act issues, religious accommodations, bonus plans, disability accommodations, non-competition agreements, wage garnishment issues, and meal and rest break policies.
Scott also litigates real property matters, including mechanic’s lien cases, commercial unlawful detainer actions, partnership disputes, actions involving the duties of real estate brokers, breach of purchase and sales agreements, disability access, construction loan disputes, responsibility for environmental cleanup, and quiet title actions.
He graduated magna cum laude from the University of California, Hastings College of the Law, where he was a member of the Hastings Law Journal and elected to the Order of the Coif. He received his B.A. in political science from the University of California, Berkeley.
Thought Leadership
Publications
- “Are 100% Commission Plans Illegal in California?” Client Alert, October 31, 2014
- “Do’s and Don’ts of California Employment Arbitration Agreements,” Client Alert, June 2, 2014
- “Caretakers for the Elderly Do Not Lose Their Exempt Status by Performing Incidental Healthcare Duties,” Client Alert, May 15, 2012
- "One Harassing E-mail Does Not Create Hostile Work Environment,” Client Alert, November 1, 2011
- “Terminating an Employee for Behavior ‘Caused By’ a Disability,” Client Alert, May 31, 2011
- “Five Things That Should Be In Your Employees’ Personnel Files – and Five Things That Shouldn’t,” Client Alert, October 21, 2010
- "What Deductions Can Employers Take From Exempt Employees’ Vacation and Sick Leave Banks Now that Partial Day Deductions Are Permitted?” Client Alert, June 21, 2010
- “’On-Call’ Employees May Have Wage Claims,” Client Alert, June 5, 2009
- “Ten Employment Termination Tips,” Client Alert, June 5, 2009
- “California Employment Law Update,” Client Alert, May 19, 2009
- “Trends in Wage and Hour Class Actions Against the Construction Industry,” Client Alert, October 20, 2008
- “The California Legislature Approves Written Agreements Restricting Moonlighting,” Client Alert, November 7, 2007
- “Federal Courts Split on Whether Sponsored Links Constitute Trademark Infringement,” Client Alert, April 24, 2006
Presentations
- “Exempt or Non-exempt? How To Avoid the Misclassification Mistakes You Simply Can’t Afford To Make in California,” Employer Resource Institute Webinar, August 2, 2011
Professional & Civic Engagement
- California Lawyers Association
