Adam L. Parry
Adam L. Parry
Shareholder, San Diego
Education
  • B.A., Political Science, California Polytechnic State Univ., San Luis Obispo;
  • J.D., University of San Diego School of Law;
  • USD Institute on Comparative International Law, Barcelona, Spain.

I was seven years old and arguing with my mom. Realizing that there was nothing I loved better than an argument, she told me I was going to be a lawyer when I grow up. At seven, I didn’t really know what that meant, and—in character—objected vehemently.

Mom was right. I relish the challenge of aggressively advocating for clients in litigation. I have had the pleasure of effectively and successfully representing a wide range of clients through summary judgment, arbitration, mediation, and trial. I bring diverse legal experience to my employment practice, and an enthusiasm for tackling unique and novel problems thrown my way. When a hotel client has a construction contract dispute, I’m ready to dive in head first. When a restaurant needs help with their lease, I have the experience to get it done.

At the risk of disappointing my seven-year-old self, I eventually realized that an effective lawyer’s role isn’t just to argue. In practice, I’ve learned that clients are often best served through creative problem solving and dispute avoidance. Guiding clients through legal minefields and enabling them to make critical decisions with confidence to avoid lawsuits is key to providing effective and complete client service. Perhaps my most personally satisfying experiences as an attorney have been in helping avoid or resolve problems before litigation. The hospitality industry, in particular, provides great opportunities to work closely with clients to craft effective policies and creative solutions to unique challenges the industry presents. Working and connecting with the talented and exceptional individuals that make the hospitality business run is a highlight of job.

Like many native Southern Californians, I’m most at home when out in the sun. When I get a chance to ditch the suit for some shorts and a t-shirt, you can find me exploring San Diego’s amazing parks and beaches with my daughter, trying (usually failing) to surf, or playing guitar in a local rock band.

It’s easy to lose track of time when you work from home and forget to change out of your work sweatpants and into your relaxing sweatpants at the end of the day. But while teleworking eschews much of the formality of the workplace, it remains critically important that employers don’t lose track of hourly employees’ time. Employers are still ultimately responsible for ensuring compliance with wage and hour laws. Keep these tips in mind if you have hourly employees working from home.

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In the wake of business slowdowns and shutdowns as a result of the COVID-19 pandemic, many employers face a dilemma when forced to furlough or layoff workers. The Federal and California WARN Acts require 60 days’ notice before laying off employees, subject to certain thresholds. This presents an untenable situation for employers forced to shut down, where they are essentially forced to violate the notice requirement because they cannot continue employing people.

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The U.S. Women’s National Team is on track to defend its 2015 World Cup title after defeating Spain in the Round of 16 on June 24. They’re the favorite in their upcoming quarter-final match against France on June 27. Away from the pitch, they face another battle: in March, members of the team filed a lawsuit in Federal Court in Los Angeles, seeking equal pay under the Equal Pay Act and Title VIII of the Civil Rights Act.

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The Stokes Wagner team has defeated claims of discrimination, harassment and wage violations against the storied Beverly Hills Hotel. The claimant was a former employee of The Beverly Hills Hotel Logo Shop who was terminated for cause. She alleged that during her employment, she was subject to rampant use of racial slurs, including the “N-Word,” by Hotel management and fellow employees. She also claimed that she suffered from race-based favoritism and that she was ultimately terminated because of her race. She also claimed that the Hotel failed to provide her with required rest breaks and to pay her for all hours worked. Claimant sought damages for lost income, emotional distress, unpaid wages, related penalties, and attorneys’ fees.

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Did you receive a notice from the Social Security Administration that an employee’s name and Social Security Number are mismatched on their W-2 this tax season? Not to worry, this is a fairly common occurrence, and the Social Security Administration has provided simple instructions for addressing the issue.

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More employees will now be considered non-exempt, as the U.S. Department of Labor raised the minimum salary threshold for workers to qualify for the Fair Labor Standards Act’s “white collar” exemption. In replacing an Obama administration rule, the new proposal would raise the salary threshold requirement from $23,660 to $35,308 per year. As a result, more employees will be subject to compensation for any time exceeding 40 hours in the workweek.

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Does your company still perform background checks on employees? If you answered yes, then the Ninth Circuit’s recent ruling on background check disclosures applies and you should review your company’s background check disclosures immediately.

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The National Labor Relations Board’s recent ruling in SuperShuttle DFW, Inc. returns to a longstanding standard in evaluating proper independent contractor classification. Although its scope is limited, the recent ruling eases restrictions on proper independent contractor classification for purposes of unionization rights under the NLRA, specifically where the workers’ role involves “entrepreneurial opportunity.”

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On Tuesday, the Bureau of Consumer Financial Protection published a new version of the “Summary of Your Rights Under the Fair Credit Reporting Act”. This version must be provided to job applicants when conducting employment background checks pursuant to the Fair Credit Reporting Act (“FCRA”). The revised Summary of Rights alerts applicants to their right to obtain a free national “security freeze”, which prohibits credit reporting agencies from releasing a person’s credit report without their consent.

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On-call employees of fast food chain Yoshinoya claim they are owed reporting time pay when they call in for a shift but are not put to work. A L.A. Superior Court judge recently ruled that the plaintiffs may pursue their claims. This putative class of kitchen and cashier “on-call” employees call two hours before their scheduled shift to find out whether they are needed to work. If they fail to call in or do not show up for work when needed, they may face discipline. Plaintiffs claim that they are entitled to reporting time pay when they call in but are not put to work, even though they are not required to physically report to work.

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Effective July 19, 2017, San Francisco became the first city in California to ban employers from asking job applicants about their salary history. This is the latest in a nationwide movement to promote gender pay equality. As cited in the San Francisco Ordinance, census data shows that women in San Francisco are paid 84 cents for every dollar a man makes, and women of color are paid even less. The ban seeks to stop the “problematic practice” of relying on past salaries to set new employees’ pay rates, which perpetuates the historic gender pay gap.

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