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Dealing with Labor and Employment legal matters can be extremely complicated if you don't have an experienced attorney on your side. Attorney Marilynn Mika Spencer has years of versatile experience and truly excels in what she does.

Ms. 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. She regularly appears in federal and state courts, and administrative agencies.

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. She knows the law inside and out, and employment law is truly her specialty.

Contact Attorney Marilynn Spencer 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 Attorney Marilynn Mika Spencer today at 619-719-5000, or complete the contact form provided on this site to arrange your initial consultation.

Attorney Profile

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

Sample Verdicts and Settlements

Wage and Hour and Retaliation/Case I.D. Confidential
Practice Area:
Employment / Labor
Date:  2012
Description: Employee misclassified as exempt from overtime was fired after complaining about misclassification.
Outcome: Economic recovery: back pay, front pay, penalties, interest. Reimbursement: attorney’s fees, costs. Other: Positive letter of reference, retraining program, clear file of all discipline.

Defamation and Unemployment Benefits Appeal
Practice Area:
Employment/Labor
Date: 2012
Description: Employer ended employment relationship for false and defamatory reasons. Employee applied for unemployment benefits. Employer fought unemployment claim and persisted in making defamatory statements outside the litigation privilege.
Outcome: Financial damages and successful unemployment claim.

Breach of Contract/Case I.D. Confidential
Practice Area: Employment/Labor
Date: 2012
Description: Employer attempted to rescind written contract it had with high-level professional.
Outcome: Successfully negotiated payment in full under the contract and reimbursement of attorney’s fees and costs.

Wage and Hour Class Action/Case I.D. Confidential
Practice Area:
Employment/Labor
Date: 2011
?Description: Private sector employer in hospitality industry denied meal and rest breaks to hourly employees and required them to work off the clock without compensation, resulting in liability for overtime, penalties and interests.
Outcome: Successfully negotiated settlement package including substantial money damages, retraining course, letter of reference and written apology; company had to correct safety violations and post related notices in all locations nation-wide.

Disability Discrimination/Case I.D. Confidential
Practice Area
: Discrimination
Date: 2011
Description: Employee requested reasonable accommodation for blood disorder. In response, employer demanded medical information which far exceeded business necessity and violated employee’s privacy rights.  When employee refused to provide overly-excessive information, employer attempted to fire employee
Outcome: Successfully obtained reasonable accommodation for employee, recession of notice of intent to dismiss, removal of all negative information from employee's file and financial damages.

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 settlement package including substantial money damages, letter of reference, clearing negative references from employee’s files and other significant 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 with reasonable accommodation and recession of proposed termination.

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 settlement with substantial compensatory damages including restitution of lost benefits, plus removal of 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, superior reference letter, salary continuation, headhunter services and more.

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 high six-figure 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.

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