Jeffrey S. Horton Thomas

Bar / Professional Activity

• Founder and co-leader of the New Defense Group, an invitation-only group of senior employment defense attorneys from the top-tier defense firms throughout California.  The group serves as a private forum for brainstorming defense tactics and legal developments of relevance to the defense of employers in employment litigation., 2023
• Practice Management Partner responsible for management, risk management, work allocation, mentoring, and oversight of partners and associates in Fox Rothschild LLP's nationwide Labor & Employment Practice Group, currently consisting of approximately 85 attorneys based in 24 offices across the U.S., 2023
• Vice Chair and Executive Committee Member, Labor and Employment Law Section, Beverly Hills Bar Association (2014-15).  Secretary and Executive Committee Member (2013-14, 2014-15).
• Host & Executive Committee Member, ProVisors - West Hollywood, a California-based association of select professionals.  
• Member, California Chamber of Commerce
• Member, Los Angeles County Bar Association
• Member, California State Bar
• Member, Association of Southern California Defense Counsel
• Member, Financial Services Industry Exchange (FSIX), an association of professionals serving the financial services industry

Verdicts / Settlements (Case Results)

• A Fortune 500 retailer was sued in Superior Court by a former employee for discrimination and harassment, despite the employer having an arbitration agreement digitally signed by the employee when she was hired.  The employee denied that she had signed the agreement.  The Fortune 500 employer turned to Jeffrey and his team for its defense.  In response to our firm’s motion to enforce the arbitration agreement, the Court gave Jeffrey a rare opportunity, calling for a full evidentiary hearing (mini-trial) on the authenticity of the former employee’s digital signature.  The hearing was a high-stakes test; losing the hearing would have had repercussions for the company nationally.   After two days of testimony, the Court ruled that Jeffrey had clearly proven that the former employee had affixed the digital signature to the arbitration agreement.  The Court ordered that plaintiff bring her claims, if at all, in private arbitration without a jury, not in Superior Court.   Jeffrey’s victory will likely discourage other former employees and their attorneys from attempting to avoid their arbitration agreements with our firm’s client.
• In defending a fine dining restaurant in Los Angeles in a potentially bankrupting multi-million dollar PAGA and sex harassment lawsuit, Jeffrey’s team drove the plaintiff into settling for a tenth of what she and her attorneys demanded.  The restaurant and the jobs of dozens of employees were saved.
• Kenya’s Ambassador to the United States selected Jeffrey to defend a Kenyan consular official stationed in the Los Angeles Consulate. The consular official had been sued in a federal lawsuit by her former nanny and housekeeper. The lawsuit, in which the nanny was represented by a top tier national law firm and a public interest litigation outfit, alleged claims bordering on human trafficking, namely, claims for forced, unpaid labor, the withholding of the nanny’s passport, a host of violations of federal and California labor law, and fraud. Through a contentious course of litigation, Jeffrey managed the dispute to a successful resolution, which included the consular official paying nothing in settlement.
• In defending a nationally prominent, affluent entrepreneur from allegations of forcing his family’s nanny into a sexual relationship, Jeffrey and a firm associate moved the dispute swiftly into mediation even before suit was filed and, there, decimated the alleged victim’s credibility through the strategic use of photographs, text messages and emails.  The dispute resolved for a modest sum in a confidential settlement.  

Representative Clients

• SailPoint Technologies, Inc., a global technology company based in Austin, TX. , 2023
• New Japan Pro-Wrestling of America, Inc., the U.S. subsidiary of the leading pro-wrestling organization in Japan.  New Japan is the dominant force in Japanese pro-wrestling in the U.S., 2023
• Social Impact Fund, a leading nonprofit in the entertainment industry., 2023
• Silvus Technologies, Inc., a communications technology firm engaged in R&D and supplying the U.S. military, law enforcement, and first responders with cutting-edge communications capabilities.  Silvus is based in Los Angeles, CA and operates throughout the U.S., 2023
• The Commons Project Foundation, Inc., a global technology nonprofit based in New York City, NY., 2023
• Motykie Med Spa
• Burbank Therapy Center
• Friendly House LA Women's Treatment Center
• JLA Talent
• Christopher Street West Association (nonprofit)
• Jack Lippman Agency
• Elizabeth Rose Agency
• Cecconi's Restaurant, West Hollywood
• Love Serve Remember, LLC Group (Cafe Gratitude Restaurants and Gracias Madre Restaurant - West Hollywood)
• Soho House, West Hollywood (private membership club)
• Los Angeles Youth Network (nonprofit)
• EG Hospitality (Taste restaurants, Tortilla Republic Grill & Tequileria restaurants, Pizzetta Pizza & Pastaria)
• Surgery on Sunset
• The Larchmont, fine dining restaurant
• Jerry's Famous Deli, Inc.
• New Zealand Natural Goods
• Hugo's Restaurants Group (Hugo's restaurants and Hugo's Tacos restaurants)
• Picture Car Warehouse

Pro bono / Community Service

• Employment Roundtable of Southern California, 2019-2021, 2021
• West Hollywood, CA, Chamber of Commerce, Board of Directors , 2017
• Step Up, Los Angeles Board of Directors, 2019-2020, 2020
• Gay and Lesbian Elder Housing (GLEH), Vice Board Chair

Honors

• Annual list compiled by the Los Angeles Business Journal of the top litigators and trial attorneys in California., "Top Litigators and Trial Attorneys", Los Angeles Business Journal, 2019
• Recognized in 2020, 2021, and 2022 by Benchmark as a top-tier leader in the defense of employers in California., "Labor & Employment Stars", Benchmark Litigation, 2022
• Recognized by the National Law Journal for my innovative tactics and level of success as compared to other litigators nationally., "Employment Law Trailblazer", The National Law Journal, 2019
• Selected for employment litigation defense on the list of 2014, 2015, 2016 and 2017 Southern California Super Lawyers, which is based on peer review evaluations of legal skills and expertise, and published by Los Angeles Magazine.
• Co-Chair, Daily Journal/California Lawyer Annual Employment Law Forum, July 18, 2017, Montage Beverly Hills, 2018
• Awarded membership in the Million Dollar Advocates Forum, a distinction reserved for trial lawyers who have obtained one or more judgments or settlements of $1 million or more each.  
• Recognized by the Los Angeles Business Journal  as a nominee for its “Leaders in Law” award, October 2016; one of only 100 attorneys in Los Angeles from across all practice areas to be nominated, 2016
• Awarded the prestigious AV Preeminent® rating from Martindale-Hubbell, a significant rating accomplishment that is a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.
• Listed, Labor & Employment - Litigation Defense, 2016, 2017, 2018, 2018

Educational Background

• University of Kansas School of Law; J.D. with honors; Am Jur Award in administrative law 
• University of Kansas; B.A. Journalism

Scholarly Lectures / Writings

• Featured Employment Counsel, "New California Law Makes ‘Client Employers’ Jointly Liable for Wage Violations Even Though Workers Employed by Other Company", InsideCounsel, 2015
• Consulted and quoted concerning the cutting-edge risk of internet-based points of access to commerce not being accessible to the visually impaired consumers/users., Consulted and quoted expert, "INSIGHT: Websites, Apps, and the Americans with Disabilities Act", Bloomberg Law, Legal, 2019
• Bloomberg Law consulted and quoted me concerning critical new developments in the classification of workers in California., Consulted and quoted expert, "California Independent Contract Test Applies Retroactively", Bloomberg Law, Legal, 2019
• Analyzed new California legislation requiring diversity on boards of certain for-profit corporations., Consulted and quoted expert, "Media Companies Could Run Afoul of California Law Banning All-Male Boardrooms", The Hollywood Reporter, Entertainment, 2018
• The article analyzed and warned of the spread of new concepts for classification of workers as employees, not independent contractors.  Gartner consulted and quoted me given my expertise in the subject in California., Consulted and quoted expert, "A Question Worth 30% of Labor Costs: When is a Contingent Worker an FTE?", The Gartner Journal of Finance. Risk. Strategy., Global Top 100, 2019
• My article analyzed the development of exclusions in Employment Practices Liability Insurance for COVID-19 related employment claims, e.g., retaliation for complaining of unsafe working conditions., Author, "COVID-19 Exclusions in EPLI Policies", Risk Management (trade publication to insurance industry), Insurance, 2021
• Author, “No Re-Hire” Settlement Provisions are in Question", 2015
• Author, "Paid Sick Leave Imposes New Burden", 2014
• Featured Employment Counsel, "California Hoteliers Must Keep Up With Immigration Labor Laws", Hotel Business Magazine, Hospitality, 2015
• Author, "Anti-Business Minimum Wage Approved by City of Los Angeles", 2015
• Featured Employment Counsel, "Reduce the Risks of Performance Reviews", SHRM Online, 2016
• Monthly Columnist, employment law issues, Modern Restaurant Management, www.modernrestaurantmanagement.com/
• Featured Employment Counsel, "Hitting Pause on Workplace-Recording Policies", Human Resources Executive Online, 2016
• Author, PAY EQUITY – KEEP YOUR EYE ON EQUAL PAY FOR MEN AND WOMEN, Modern Restaurant Management, 2016
• Author, "Guidance On Service Fees", Restaurant Hospitality, 2015
• Author, BROAD IMPACTS OF ‘THE FINAL RULE’ FOR RESTAURANTS, Modern Restaurant Management, 2016
• Jeffrey S. Horton Thomas was selected as a panelist for California Lawyer Magazine's 2016 L&E Roundtable., Author, Labor & Employment Roundtable, California Lawyer, 2016
• Presenter, "Wage & Hour Claims – Limiting Your Exposure", West Hollywood Chamber of Commerce, 2014
• Author, MANAGING INCREASED COSTS UNDER THE NEW MINIMUM WAGE AND AVOIDING LEGAL LIABILITY, Modern Restaurant Management, 2016
• Author, "Waivers of the Right to Bring PAGA Claims Are Unenforceable", 2014
• Media Commentator, REDUCE THE LEGAL RISKS OF PERFORMANCE REVIEWS, Society for Human Resource Management (SHRM), 2016
• Author, "Minimum Wage Hike – Risks for Employers", 2014
• Author, Risky Scheduling - Two Shifts in One Workday, Modern Restaurant Management, Hospitality, 2016
• Author, "Employers, Heads Up! Expanded Whistleblower Liability", 2014
• A wave of new pay equity laws is becoming one of the greatest areas of legal exposure to restaurant operators.  The laws require employers to pay men and women the same rate of pay when performing “similar work,” even though the employees may hold different positions and work in different locations.  Operators must take steps to ensure they’re in compliance in order to avoid costly lawsuits and state or federal investigations., A NEW GENERATION OF PAY EQUITY LAWS: THE GROWING LEGAL CHALLENGE FOR RESTAURANT OPERATORS, http://thomasemploymentlaw.com/portfolio-item/a-new-generation-of-pay-equity-laws-the-growing-legal-challenge-for-restaurant-operators/, Hospitality
• Co-Presenter, New Employment Laws of 2014, 2014
• Author, Employers Must Prepare for New Law Banning Questions About Prior Compensation, Attorney at Law Magazine, 2017
• Organizer, The National Labor Relations Board – A New Agenda for Union and Nonunion Workplaces, Beverly Hills Bar Association, 2013
• Author, "Employers Viewing Employee Social Media Posts Risk Liability", 2013
• Presenter, Manage Without Fear: Counseling, Disciplining & Terminating Employees, San Fernando Valley Bar Association, 2013
• Author, "Heads Up! New Employment Laws for 2013", 2013
• Co-Presenter, Briefing on New Labor and Employment Laws for 2013 – Employers Be Ready, 2013
• Presenter, Best Practices in Hiring Employees – How to Avoid the Landmines, West Hollywood Chamber of Commerce, 2013
• Moderator, Employee Misappropriation of the Employer’s Money or Trade Secrets – Prosecuting and Defending the Employer’s Civil Suit, Beverly Hills Bar Association, 2012
• Presenter, Recent Employment Law Developments in California – Employers be Warned, National Advisor Network, 2012
• Author, "New Law Requires Written Contracts for Commissioned Employees", 2012
• Author, "Social Media Policies: Guidance for Employers", 2012
• Presenter, Representing the Former Employee being Sued by his Former Employer – Special Problems, San Fernando Valley Bar Association, 2012
• Author, "Privacy & Employees: Personal Emails in the Workplace", 2012
• Author, "New Labor Law Effective January 1, 2012 – Wage-Theft Prevention Act", 2012
• Author, "Employers at Risk: Treating Employees as Independent Contractors", 2010
• Author, "Age Discrimination: Federal and State Standards Differ", 2009
• Author, "Layoffs Call for Caution", 2009
• Author, "New Law Puts California Operators in Labor Bind", Restaurant Hospitality, 2015
• Co-Presenter, 2015 Annual Employment Law Update, 2015

Firm News (Newsletters)

• I am a regular contributor to this newsletter/blog, California Employment Law, Technology, Retail, Manufacturing, Professional, Etc.

• Healthcare
• Hospitality
• Manufacturing
• Not-for-profits
• Professional Services
• Retail
• Technology
• Telecommunications