Tom M. McInerney

Thomas (Tom) McInerney has extensive employment litigation experience in complex litigation matters, with an emphasis on class actions, multi-plaintiff cases, and trade secret and other complex business disputes. He has tried to verdict several cases in both state and federal courts, and represents clients in a wide-range of fields, including technology, financial services, insurance, construction, energy/utility, healthcare, transportation and logistics, and personal services.

Tom brings a practical, problem-solving business perspective to his practice, formed in part by his experience working with large, medium-size, and small business clients throughout California and elsewhere. Tom’s expertise is in helping clients navigate complex or novel issues, including claims asserting wage and hour class, collective, and representative (PAGA) actions, sex and race discrimination and harassment, alleged theft of trade secrets, and breach of contract. Tom’s legal expertise has been recognized by Best Lawyers for Labor and Employment Litigation and as a Fellow in The College of Labor and Employment Lawyers. Tom also has significant experience in appellate matters, including litigating cases in the California Court of Appeal, the California Supreme Court, and the U.S. Court of Appeals for the Ninth Circuit. Arbitrations and mediations are also a large part of Tom’s practice.

Tom managed Ogletree’s San Francisco office for several years and serves on its Pricing Committee. Tom has been active in the San Francisco and broader Bay Area community. In 2014, Tom was awarded the Bar Association of San Francisco Justice & Diversity Center’s “2014 Outstanding Volunteer in Public Service Award.” Tom is also the co-chair of the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, one of the oldest civil rights organizations on the West Coast, and he is also a board member of Larkin Street Youth Services, which works to address the needs of homeless youth in the Bay Area, and Cedars of Marin, which provides residential and day services for developmentally disabled adults. Tom also is a board member of the Marin County Bar Association. For eight years Tom served as an elected official in Marin County, including two terms as Mayor of the Town of San Anselmo, as a board member of the Transportation Authority of Marin, and as chair of both the Central Marin Police Authority Council and the Ross Valley Fire Board.

More About Tom M. McInerney

Experience

Tom has experience in jury and bench trial on behalf of employers in sex harassment, age discrimination, and complex contract dispute cases. He also has directed all aspects of litigation, including pre-trial discovery and law and motion practice, involving claims of discrimination (sex, race, national origin, sexual orientation, religion, disability, and others), tort (defamation, assault, battery, infliction of emotional distress, false imprisonment, and others), and breach of contract.

Tom has also developed an expertise in wage and hour defense, including in class actions asserting failure to pay overtime, failure to provide meal breaks, and other alleged violations of California and federal law.

Tom has led the defense in arbitrations involving a wide range of claims, including for breach of contract, discrimination, and violations of the California Labor Code.

Tom has also argued a large number of appellate matters, including briefing and arguing cases before the California Supreme Court, the Ninth Circuit, and other state and federal courts in California and elsewhere. Examples of Tom’s published cases include:

Guz v. Bechtel National, Inc., 24 Cal. 4th 317 (2000), a landmark Supreme Court decision addressing California state law for claims of discrimination, breach of employment contract, and breach of the implied covenant of good faith and fair dealing
Greene v. Marin County Flood Control and Water Conservation District, 49 Cal.4th 277 (2010), a unanimous California Supreme Court decision upholding the legality of a flood fee election raising millions of dollars for flood protection in Marin County.
Stiefel v. Bechtel Corp., 624 F.3d 1240 (9th Cir. 2010), a Ninth Circuit decision involving novel substantive and procedural issues for disability discrimination claims.
Conley v. Pacific Gas & Electric Co., 131 Cal. App. 4th 260 (2005), a Court of Appeal decision rejecting opinion letters from the California Labor Commissioner involving class certification and vacation pay.
West v. Bechtel Corporation, 96 Cal. App. 4th 966 (2002), a decision overturning a jury verdict in which the plaintiff had asserted state discrimination laws applied to employment overseas.
Application Group, Inc. v. The Hunter Group, 61 Cal. App. 4th 881 (1998), a landmark decision addressing conflicts of law as applied to noncompetition clauses.

Education & Admission

Professional Activities

Speeches

Corporate Labor and Employment Counsel Exclusive – “The In-House Guide to Developing and Maintaining an Internal Wage and Hour Audit Program” – Amelia Island – November 15, 2024
Navigating California Employment Law – “Harassment, Discrimination, and Retaliation Claims: Emerging Trends and Litigation Avoidance Strategies” – Napa – February 29, 2024
Corporate Labor and Employment Counsel Exclusive – “Surf’s Up: The Latest Developments in the Golden State” – Phoenix – November 9, 2023
Ogletree Deakins Webinar – “California’s New Noncompete Notice Requirements: What You Need to Know” – November 1, 2023
Navigating California Employment Law – “Managing a California Workforce—Challenges and Solutions” – Napa – March 4, 2022
Corporate Labor and Employment Counsel Exclusive – “Performance Management for the Hybrid Workplace: The Newest Tactics, Technology, and Resulting Legal Issues” – Amelia Island – November 12, 2021
Navigating California Employment Law – “Running a Business in Sweatpants: Five Lessons Learned During the COVID-19 Pandemic” – March 5, 2021
California Employment Law & Cabernet – “Investing to Win: Managing Litigation Costs in California” – Napa – March 5, 2020
Corporate Labor and Employment Counsel Exclusive – “Beam Me Up, Scotty: Legal Issues When Employees Telecommute” – New Orleans – November 14, 2019
Ogletree Deakins Navigating California Employment Law Seminar – “Arbitration Agreements in California Post–Epic Systems: Pros and Cons, Drafting Tips, and Logistics” – Napa – February 28, 2019
Corporate Labor and Employment Counsel Exclusive – “Pop Quiz – Labor and Employment Exclusive Style” – La Quinta – November 8, 2018
Ogletree Deakins Workplace Strategies Seminar – “Rise of the Robotics: How Robotics and Artificial Intelligence Are Reshaping the Workplace” – Phoenix – May 10, 2018
Ogletree Deakins Navigating California Employment Law Seminar – “I Can Say What I Like: It’s a Free Country” – Napa – March 2, 2018
California Employment Law Council Annual Meeting – “Trump Administration, One Year In” – San Francisco – November 16, 2017
Labor and Employment Counsel Exclusive – “Generations Y and Z, the Gig Economy, and New Employment Strategies” – Boca Raton – November 9, 2017
Ogletree Deakins Corporate Labor and Employment Counsel Exclusive – “Generations Y and Z, the Gig Economy, and New Employment Strategies” – Boca Raton – November 9, 2017
Marin County Women Lawyers MCLE Fair – “Elimination of Bias in the Legal Profession” – San Rafael – November 2, 2017
Ogletree Deakins Managing a Workforce in 2018 – “Surf the Retaliation Wave Without Getting Caught in the Tide” – San Francisco – October 26, 2017
Ogletree Deakins Workplace Strategies Seminar – “Classify This: Emerging Employment Relationships” – San Diego – May 4, 2017
Ogletree Deakins Navigating California Employment Law Seminar – “‘I Wish I Knew Then What I Know Now’ – Lessons Learned From Defending California Wage and Hour Class Actions” – Napa – March 2, 2017
Strafford Webinar: Minimizing Wage and Hour Risks With an Evolving On Demand Workforce – “Wage & Hour Risks with the On-Demand Workforce” – San Francisco – November 24, 2015
Ogletree Deakins Corporate Labor and Employment Counsel Exclusive – “The “Gig Economy”: Flexibility for Workers, Legal Issues for Employers” – Phoenix – November 12 – 14, 2015
Ogletree Deakins Managing a Workforce in 2016 Seminar – “The Right Things To Do To Avoid Wrongful Termination Claims” – San Francisco – October 2015
Ogletree Deakins Corporate Labor and Employment Counsel Exclusive Seminar – “In-House Pressure Points: Top 10 High Intensity Issues” – Dana Point – September 2014
Ogletree Deakins Webinar – “The San Francisco Family Friendly Workplace Ordinance and San Francisco Fair Chance Ordinance (Ban the Box)” – June 2014
Ogletree Deakins Workplace Strategies Seminar – “No Hire Agreements—Are They Worth the Risk?” – Las Vegas – May 2014
Ogletree Deakins Workplace Strategies Seminar – “Striking Gold—Wage and Hour Issues in California” – Las Vegas – May 2014
Ogletree Deakins Navigating California Employment Law – “No Need to Hit the Panic Button—Best Practices and Strategies for Managing Litigation in California” – Silverado – March 1, 2014
Ogletree Deakins Workplace Strategies Seminar – “Wage and Hour Litigation—California Style!” – New Orleans – May 2013
Ogletree Deakins Webinar – “Protecting Trade Secrets and Balancing Employee Rights in California” – San Francisco – November 15, 2011
Ogletree Deakins Workplace Strategies Seminar – “Cyber Sabotage by Employees: Practical Prevention and Legal Strategies” – Chicago – May 2011
Ogletree Deakins Workplace Strategies Seminar – “Portable Devices Freeze Employers in their Tracks” – Las Vegas – May 6, 2010
Ogletree Deakins Workplace Strategies Seminar – “Latest Developments in California Employment Law 2009” – Miami – May 2009
Ogletree Deakins Workplace Strategies Seminar – “Latest Developments in California Employment Law 2008” – New Orleans – May 2008

Published Works

Media Quotes

August 31, 2017 – Marin Independent Journal – “San Anselmo councilman makes ‘Best Lawyers’ list”
August 8, 2017 – Law360 – “Google Asks Judge To Keep Hiring Info Private In Bias Case”
December 1, 2016 – Law360 – “Lyft Nears OK On $27M Wage Deal Amid Driver Objections”
November 17, 2016 – Law360 – “Class Wants Final OK For Lyft Driver Misclassification Deal”
August 4, 2015 – Practical Law Company – “Expert Q&A: Labor and Employment Issues in the On-demand Economy”
February 27, 2015 – Ogletree Deakins Publications – “California Court Rules on Whether to Compel Arbitration Where Employer Could Not Authenticate Employee’s Electronic Signature”
August 28, 2014 – Ogletree Deakins Publication – “California Supreme Court: Holding Franchisor Liable as Employer Depends on Level of Control Over Day-to-Day Employment Decisions”
August 8, 2014 – Daily Journal – “Employment Case Claims Against Lyft Tossed”
August 7, 2014 – The Recorder – “Lyft Licks Nationwide Employment Class Action”
July 30, 2014 – Ogletree Deakins Publication – “Ninth Circuit Allows Deputies to Proceed with Sex Discrimination Suit”
April 30, 2014 – Ogletree Deakins Publication – “California Court Finds Employers Can Seek Evaluation After Employee Returns From FMLA”
February 28, 2014 – Ogletree Deakins Publication – “California Appellate Court Holds Substantial Motivating Factor Required in Wrongful Termination Case”
May 15, 2012 – SHRM.org – “Protecting Confidential Information in California”
December 27, 2011 – KQED Radio – “Who Owns Your Tweets?”
December 22, 2011 – San Francisco Business Times – “Labor Lawyers Brace for Sweep of Changes Coming in New Year”
April 1, 2011 – Inside Counsel – “Court Denies Privacy Rights in Company E-mail System”
October 12, 2010 – Marin Independent Journal – “Ross Valley’s Measure Needed to Address Overcrowded Schools”
August 28, 2010 – Marin Independent Journal – “San Anselmo Councilman Pushes for Campaign Reform”
June 7, 2010 – Marin Independent Journal – “California Supreme Court Upholds Ross Valley Flood Fee”
November 3, 2009 – Marin Independent Journal – “Incumbents Swept Out in San Anselmo; McInerney Tops Field”
December 21, 2008 – San Francisco Business Times – “Political Climate Seems to Favor Broader Labor Rights”
November 10, 2008 – Law360 – “California Gay Marriage Ban Brings Workplace Confusion”
March 10, 2008 – Business Insurance Magazine – “Court Rules for Employers in Retaliation Case”
February 29, 2008 – Marin Independent Journal – “Tom McInerney: One Attorney’s Take on Greene’s Flood Vote Suit”