Marilynn Mika Spencer is the owner and principal attorney of The Spencer Law Firm. The firm practices exclusively in the fields of labor law, employment law, and employee benefits, including ERISA, and represents clients in the public and private sectors in most areas of labor and employment law, including wage and hour claims, union law, disability and other discrimination, administrative compliance, contract and intellectual property matters, employee benefits and selected class actions. She regularly appears in federal and state courts, and administrative agencies including the National Labor Relations Board (NLRB), the Public Employment Relations Board (PERB), the Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC), the Labor Commissioner, the Department of Labor (DOL), the Occupational Safety and Health Administration (OSHA), Cal-OSHA, the Unemployment Insurance Appeals Board (UIAB), the Merit Systems Protection Board (MSPB) and the State Personnel Board (SPB).

Ms. Spencer earned her law degree at the University of California, Los Angeles (UCLA) School of Law in 1990. Prior to becoming an attorney, Ms. Spencer was involved in labor relations between the University of California, Los Angeles (UCLA) and the American Federation of State, County and Municipal Employees (AFSCME), serving as an AFSCME Secretary-Treasurer, contract negotiator, Council representative, and steward.

Ms. Spencer is on the Executive Board of the California Employment Lawyers Association (CELA), which is the largest and most influential plaintiffs employment bar association in California. She is a San Diego Affiliate Co-Chair of the National Employment Lawyers Association (NELA), which is the most highly-regarded national bar association for employment attorneys representing plaintiffs. She was a Member of and Advisor to the Executive Committee of the Labor and Employment Section of the State Bar of California. Ms. Spencer is a Past Chair of the Personnel Appeals Board of the City of La Mesa. She is a 2007 San Diego SuperLawyer (Employment & Labor; Employment Benefits/ERISA).

Ms. Spencer is a co-author of a chapter on the Americans with Disabilities Act (ADA) for the National Lawyers Guild publication Employee and Union Member Guide to Labor Law, published by Clark Boardman Callaghan (now West Group). Her articles have appeared in a number of periodicals and journals, including Medical Trial Technique Quarterly.

Ms. Spencer is a frequent speaker at legal forums and workshops, including union training, programs in the legal field, and seminars directed to the general public.

Contact The Spencer Law Firm today if you need legal assistance with any of the following:

Employment Law
Government and private employers

• Discrimination (race, national origin, color, sex, sexual orientation, sexual harassment, disability, age, religion, pregnancy, marital status)
• Reasonable accommodation
• Wrongful termination
• Whistleblower protection
• Family and medical leave
• Wage and hour violations (underpayment, unpaid overtime, failure to provide meal or rest breaks, commissions, tips, vacation pay, misclassification as independent contractor)
• Employment contracts
• Severance packages
• Employee benefits

Labor (Union) Law
Government and private employers

• Contract negotiation
• Arbitration
• Mediation
• Internal union business
• Leadership training
• Membership training

If you or someone you know needs the help of an experienced San Diego, California Labor & Employment Attorney, call Marilynn Mika Spencer today at 619-719-5000, or complete the contact form provided on this site to arrange your initial consultation.

Professional Profile

If you or someone you know needs the help of an experienced San Diego, California Labor & Employment Attorney, call Marilynn Mika Spencer today at 619-719-5000, or complete the contact form provided on this site to arrange your initial consultation.

ADDRESS OF THE FIRM:
The Spencer Law Firm
2727 Camino Del Rio S. Suite 140
San Diego, CA 92108
Phone: 619-719-5000
Hours: M-F, 8:00AM-5:00PM

Attorney Marilynn Mika Spencer

Jurisdictions:

• California

Education:

• University of California at Los Angeles (UCLA) School of Law
  Labor law and employment law emphasis
  J.D. Juris Doctor 1990
• University of California, Los Angeles (UCLA)
  Linguistics
  B.A. Bachelor of Arts, cum laude 1985

Admitted To The Bar:

• 1990

Professional Memberships and Achievements:

• Board of Directors
  California Employment Lawyers Association (CELA)
  2003-present
• Member
  California Employment Lawyers Association (CELA)
  1995-present
• Member
  National Employment Lawyers Association (NELA)
  1994-present
• Affiliate Leader
  National Employment Lawyers Association (NELA)
  1993-present
• Member
  AFL-CIO Lawyers Coordinating Committee
  1991-present
• Member
  National Lawyers Guild
  1990-present
• Member
  National Lawyers Guild, Labor and Employment Committee
  1990-present
• Member
  State Bar of California, Labor and Employment Law Section
  1990-present
• Secretary
  California Employment Lawyers Association (CELA)
  2009-2011
• Advisory Board
  State Bar of California, Labor and Employment Law Section
  2004-2007
• Executive Committee
  State Bar of California, Labor and Employment Law Section
  2001-2004
• Steering Committee
  National Lawyers Guild, Labor and Employment Committee
  1992-2004

Verdicts & Settlements

If you or someone you know needs the help of an experienced San Diego, California Labor & Employment Attorney, call Marilynn Mika Spencer today at 619-719-5000, or complete the contact form provided on this site to arrange your initial consultation.

Whistleblower Discrimination/Case I.D. Confidential
Practice Area: Employment / Labor
Date: Dec 31, 2010
Description: Employer retaliated against truck driver who complained of company's safety violations and other unlawful practices. After employer refused to correct the violations, the truck driver reported the violations to the California Highway Patrol, after which the employer fired the truck driver.
Outcome: Successfully negotiated money damages of approximately $130,000; retraining course; letter of reference; written apology; company had to correct safety violations and post related notices in all locations nation-wide.

Wage and Hour Class Action
Sheppard v. North Orange County Regional Occupational Program, 191 Cal. App. 4th 289 (2010)
Practice Area: Class Action
Date: Dec 23, 2010
Description: Part-time instructors in adult education program were required to work off-the-clock for specific number of minutes for every paid hour. Trial court ruled that case was controlled by the Education Code instead of the Labor Code. On behalf of our client, James Sheppard, we appealed, arguing the Labor Code governs all California employees, and the Labor Code forbids employers to force employees to work without compensation. The appellate court agreed, and sent the case back to the trial court to be heard on the merits.
Outcome: Successful appeal.

Disability Discrimination and Failure to Accommodate/Case I.D. Confidential
Practice Area: Employment / Labor
Date: 2010
Description: Community College denied reasonable accommodation to employee with a disability, whose work suffered from the lack of accommoation. College then terminated the employee.
Outcome: Successfully negotiated money damages of approximately $120,000; letter of reference; clearing negative references from employee’s files; other benefits to employee.

University Faculty (Tenured) Discipline
Dominguez adv. University of California, San Diego (UCSD)
Practice Area: Employment / Labor
Date: 2010
Description: High-profile, tenured University of California faculty under investigation for alleged "electronic cyber crimes" and Code of Conduct violations.
Outcome: Successfully defended against allegations and negotiated settlement with no penalty to professor.

Disability Discrimination/Case I.D. Confidential
Practice Area: Discrimination
Date: 2010
Description: Federal agency denied reasonable accommodation for client with disability and proposed her termination.
Outcome: Successfully negotiated settlement agreement allowing continued employment.

Age Discrimination/Case I.D. Confidential
Practice Area: Discrimination
Date: 2010
Description: High-ranking federal government employee with over 40 years government service was denied promotion due to age discrimination.
Outcome: Successfully negotiated over $300,000 settlement

University Faculty (Pre-Tenure) Discipline/Case I.D. Confidential
Practice Area: Employment / Labor
Date: 2009
Description: University faculty accused of sexual harassment of graduate student and bias in grade administration.
Outcome: Successfully negotiated settlement agreement allowing continued tenure-track employment.

Disability Discrimination
Hunter v. Prouty, General Services Administration, EEOC No. 550-2008-00155X; MSPB No. SF-0752-09-1463-I-1
Practice Area: Discrimination
Date: 2009
Description: Disability discrimination and failure to accommodate physical disabilities of long term federal employee. Employee complaints resulted in harassment, degradation and efforts to terminate.
Outcome: Successfully negotiated $215,000 settlement in compensatory damages, plus cleaning all negative references from employee's file.

Sexual Harassment/Case I.D. Confidential
Practice Area: Discrimination and Harassment
Date: 2008
Description: Company owner/direct supervisor repeatedly harassed, propositioned and attempted to fondle new employee.
Outcome: Successfully negotiated six figure settlement.

Race Discrimination/Case I.D. Confidential
Practice Area: Discrimination
Date: 2007
Description: Private employer fired employee following his complaints of racial harassment and race discrimination.
Outcome: Successfully negotiated $240,000 settlement, race sensitivity and discrimination training for all management employees, clearing all negative references from employee file, and other compensation.

Disability Discrimination/Case I.D. Confidential
Practice Area: Discrimination
Date: 2007
Description: Long-term public school employee developed disability. Employer denied reasonable accommodation for disability, fired employee and refused to re-hire employee.
Outcome: Successfully negotiated $300,000 settlement.

University Faculty (Pre-Tenure) Discipline/Case I.D. Confidential
Practice Area: Employment / Labor
Date: 2007
Description: University of California faculty accused of sexual harassment of multiple students.
Outcome: Successfully negotiated settlement agreement