Jack S. Sholkoff

Shareholder || Los Angeles

Jack S. Sholkoff serves as the Co-Chair of the firm’s Appellate Group, responsible for managing, organizing and leading the firm’s appellate practice.  Mr. Sholkoff handles a wide variety of appellate matters, including motions for post-trial relief in the trial court, as well as appeals, writs, and other appellate matters.  As both an appellate specialist and an employment lawyer with nearly thirty years of experience practicing all facets of employment law, Mr. Sholkoff is uniquely adept at handling complex employment matters in the appellate arena.

For example, Mr. Sholkoff was lead counsel in Areso v. CarMax, Inc., (2011) 195 Cal.App.4th 996, which established new law—favorable to employers–regarding the definition of a sales commission in California.  He also recently obtained a significant reversal of a District Court decision denying enforcement of an arbitration agreement between an employer and employee in Poublon v. C.H. Robinson Company, (9th Cir. 2017) 846 F.3d 1251.  In an extensive published opinion, the Ninth Circuit in Poublon harmonized its law of arbitration contracts in favor of employers.  Mr. Sholkoff has also obtained writ relief for employers, as well as other favorable opinions regarding employment issues. Mr. Sholkoff is an expert in appellate and post-trial procedure, and provides significant value to his clients and colleagues in appellate matters.

In addition to his appellate work, Mr. Sholkoff has also handled all facets of employment law, providing general counseling as well as conducting administrative hearings, arbitrations, and trials, as well as appeals on behalf of employers.  Mr. Sholkoff represents both large and smaller employers in a variety of matters, including complicated contractual, wrongful termination, discrimination, harassment, wage and hour, employee leave cases, trade secret and employee mobility issues.  In recent years, Mr. Sholkoff has also been on the forefront of preparing and enforcing arbitration agreements. For example, in Grabowski v. C.H. Robinson, Inc., (S.D.Cal.2011) 817 F.Supp.2d 1159, Mr. Sholkoff was lead counsel in one of the first cases in California to obtain Court enforcement of a class action waiver in an arbitration agreement, thus effectively ending the class action claim against the employer. Mr. Sholkoff has enforced similar class action waiver provisions in other cases, and often provides advice and counsel for employers seeking to reduce the threat of class actions by using enforceable arbitration agreements.

Mr. Sholkoff also emphasizes a preventative approach to employment law issues. He recognizes that by helping employers adopt “best practices” for handling employee related issues, employers will reduce unnecessary expense, avoid employee related problems, and have additional time and resources to focus upon the goals underlying their businesses.

Mr. Sholkoff has also served as a contributing editor to the Employment Law Strategist, as well as writing contributions to various other newsletters. He is a member of the Labor and Employment Law and Appellate Law sections of the California State Bar.

Mr. Sholkoff graduated from Tufts University with a Bachelor of Arts degree magna cum laude in History in 1986, and received his Juris Doctor degree from the University of Southern California in 1989, where he served as Executive Editor of Articles to the Computer/Law Journal and to the journal Major Tax Planning.

Mr. Sholkoff is married and has two children. He has served as President of Kadima Day School, and on the executive board of Temple Aliyah. An avid runner, he has run three marathons; he also is an award winning baker, having won First Place/Blue Ribbon in the Biscotti Competition at the Los Angeles County Fair.

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  • J.D., University of Southern California, 1989
  • B.A., magna cum laude, Tufts University, 1986

Admittance to Practice

  • California
  • New Jersey
  • U.S. District Court, Central and Eastern Districts of California
  • U.S. Court of Appeals, Ninth Circuit

Professional Activities

  • Los Angeles County Bar Association
  • State Bar of California (Labor and Employment Law Section)


  • Ogletree Deakins Workplace Strategies Seminar - "Best Practices for Pursuing and Negotiating Class and Collective Action Settlements" - San Diego - May 5, 2017
  • March 16, 2013 - Business Management Daily - "Punch in, Punch Out: State Appeals Court Allows Time Clock Rounding"
  • May 22, 2018 - KPCC - "SCOTUS takes employer side in class arbitration decision – what does that mean for #MeToo in CA?"
  • January 30, 2015 - Ogletree Deakins Publication - "California Supreme Court Lets Arbitration Award Stand, Dodges “Honest Belief” Defense"
  • January 20, 2015 - Ogletree Deakins Blog Post - "PAGA Representative Claims Remain Alive After SCOTUS Denies Iskanian Review"
  • June 27, 2014 - Ogletree Deakins - California eAuthority - "Two California Appellate Decisions “Delegate” Authority From Courts to Arbitrators"
  • April 16, 2014 - Ogletree Deakins Publication - "California Court Gives the Green Light for Arbitration of Wrongful Termination Suit"
  • The Legal 500 United States 2016: Recommended in Labor and employment- Labor and employment disputes (including collective actions) – defense category

Insights by Jack S. Sholkoff