Introduction
Seth Neulight is a dedicated labor and employment attorney with over 25 years of experience serving employers and senior executives. Seth represents employers in trial and appellate litigation, arbitrations, and government investigations, and provides strategic and legal compliance counseling on matters such as workforce restructurings, restrictive covenants, wage and hour laws, leaves of absence, labor relations, and mergers and acquisitions due diligence.
My focus
Employment Litigation
I defend employers in complex class, collective, and representative court actions and arbitrations. I have served as lead defense counsel in hundreds of single- and multi-plaintiff cases in state and federal courts and before government agencies. I have significant experience with employment discrimination, whistleblower retaliation, unfair competition, harassment, and independent contractor misclassification claims. I have litigated cases under federal laws such as Title VII of the Civil Rights Act, Americans with Disabilities Act (ADA), Fair Labor Standards Act (FLSA), and Defend Trade Secrets Act (DTSA), and California laws including the Fair Employment and Housing Act (FEHA), Labor Code Private Attorneys General Act (PAGA), Uniform Trade Secrets Act (CUTSA), and Unfair Competition Law (UCL).
Labor Relations
I help clients respond to union organizing campaigns, provide union avoidance training, and negotiate collective bargaining agreements. I defend clients in grievance arbitrations and unfair labor practice charges before the National Labor Relations Board.
Employment Advice
I help clients navigate difficult employment issues such as leave obligations, disability accommodation, employment terminations, and reductions-in-force. I negotiate and draft executive employment contracts, commission and bonus agreements, nondisclosure and invention assignment agreements, and separation agreements. I regularly speak on labor and employment law developments, trends, and best practices for workforce management.
Representative experience
- Obtained denial of motion for preliminary injunction and grant of motion to dismiss on client competitor’s claims of alleged trade secret misappropriation under DTSA , violation of the California Unfair Competition Law, and common law breach of contract and tort claims
- Won defense verdict as co-lead counsel in jury trial on disability discrimination and wrongful termination claims. Lauren Lord v. The Permanente Medical Group, et al., California Superior Court, Alameda County (2015)
- Defended university in mandamus action by graduate student challenging dismissal from program. Won denial of writ petition, affirmed on appeal. Animesh Patel v. Touro University,2015 WL 8827888 (Cal. App. 1 Dist. 2015)
- Won dispositive motions on claims by union-represented employee of race discrimination, retaliation, and wrongful termination. Mayes v. Kaiser Foundation Hospitals, 917 F.Supp.2d 1074 (E.D. Cal. 2013) (motion to dismiss); 2014 WL 2506195 (E.D. Cal. June 3, 2014) (summary judgment)
- Obtained summary judgment on disability discrimination, wrongful termination, and retaliation claims by former manager. Affirmed on appeal. Robert Weiss v. Kaiser Foundation Hospitals, 2008 WL 2445084 (Cal. App. 1 Dist. 2008)
- Obtained summary judgment on FEHA age discrimination claim. Judgment affirmed on appeal. Reeves v. Kaiser Foundation Health Plan, Inc., 2007 WL 1032306 (Cal. App. 1 Dist. 2007)
- Defended wage-hour class action alleging exempt status misclassification of employees. Obtained precedential Court of Appeal decision allowing deductions from vacation banks of exempt employees for partial-day absences. Conley v. Pacific Gas & Electric Co., 131 Cal. App. 4th 260 (2005)
- Defended global consumer products company in class action alleging misclassification of truck drivers under federal Motor Carrier Act exemption and related wage and hour claims.
- Represented employer and CEO in multi-state litigation of unfair competition claims based on hiring of employees from competitor.
- Defended healthcare organization in action by U.S. Equal Employment Opportunity Commission (EEOC) alleging Title VII pattern and practice discrimination. Negotiated settlement and consent decree with EEOC.
- Advised fruit company on response to Teamsters organizing campaign. Represented company in National Labor Relations Board (NLRB) bargaining unit proceeding and defended company against union unfair labor practice charge.
Looking ahead
Employers are increasingly using generative AI tools to enhance their recruiting, onboarding and performance management processes and decision-making. Yet AI also presents risks for employers. The algorithms contain biases that may produce false or misleading information, leading to discrimination and defamation claims. Employee use of AI raises concerns about invasion of privacy, intellectual property infringement, and ethical conflicts.
/Insights
- “Pay Equity & Transparency Laws,” Nixon Peabody 2023 California MCLE Virtual Seminar, January 2023
- “Labor and Employment Spotlight Address,” 2019 Food & Beverage Exchange, Chicago, October 2019
- “Mergers & Acquisitions Employment Issues,” Nixon Peabody Annual MCLE Seminar, San Francisco, January 2019
- “Managing Employment Issues in Mergers & Acquisitions,” 30th Annual SVAGC All Hands meeting, October 2018
- “Labor Department Withdraws Obama-era Guidance on Independent Contractors and Joint Employers,” Employment Law Alert, June 2017
- “EEOC Issues Proposed Rule to Collect Pay Data From Employers,” Employment Law Alert, February 2016
- “California Enacts Major Overhaul of Equal Pay Law” Employment Law Alert, October 2015
- “BYOD: The Evolving Risks (and Solutions) of Bring Your Own Device Programs,” 2014 NCHRA Legal and Legislative Conference, January 2014
- “Workplace Agencies Tighten Belts for Sequestration” Law360, May 2013
- “Ethics in the Workplace: What You Need to Know,” BASIC HR Solutions, Webinar, November 2013
- “California Employment Law: Latest Developments & Trends,” Thomson Reuters WestLegalEd Center, Webinar, September 2012
- “California Employment Legislation: What’s New for 2013?” Employment Law Alert, October 2012
- “Tips for Avoiding the Increased Enforcement Trap,” California Employer Resources (BLR), November 2012
In the news
- Bloomberg Law |
Vista invests in supply chain risk software
May 9, 2023This article mentions NP for advising Resilinc Corp. in its strategic growth investment transaction with Vista Equity Partners LLC. The NP team was led by San Francisco Cybersecurity & Privacy partner Greg O’Hara and included Corporate partners David Martland, Thomas McCord, and Alexandra Lopez-Casero of Boston, Rachel Pugliese of New York City, and Shahzad Malik of Los Angeles; San Francisco Labor & Employment partner Seth Neulight; Cybersecurity & Privacy counsels Jenny Holmes of Rochester and Jason Kunze of Chicago; Boston Corporate counsel David Crosby; Chicago Intellectual Property counsel Wayne Tang; and Corporate associates James Mangan from Boston, Jacalyn Smith from Chicago, Corey Habib from Manchester, and Brian Kenney of Washington, DC.
- The Deal
Vista Equity invests in Resilinc
May 8, 2023This article mentions San Francisco Cybersecurity & Privacy partner Greg O’Hara for leading the NP team advising Resilinc Corp. in its strategic growth investment transaction with Vista Equity Partners LLC. The NP team also included Corporate partners David Martland, Thomas McCord, and Alexandra Lopez-Casero of Boston, Rachel Pugliese of New York City, and Shahzad Malik of Los Angeles; San Francisco Labor & Employment partner Seth Neulight; Cybersecurity & Privacy counsels Jenny Holmes of Rochester and Jason Kunze of Chicago; Boston Corporate counsel David Crosby; Chicago Intellectual Property counsel Wayne Tang; and Corporate associates James Mangan from Boston, Jacalyn Smith from Chicago, Corey Habib from Manchester, and Brian Kenney of Washington, DC.
- The Deal
Trinity Hunt takes majority stake in Supreme Optimization
March 15, 2023This article covering Trinity Hunt Partners’ majority investment in life sciences digital marketing agency Supreme Optimization mentions Los Angeles Corporate partner Mike Lawhead for leading the NP team representing Supreme in the transaction. The NP team also included Corporate partners Christian Hancey of Rochester, Shahzad Malik of Los Angeles, and Andrew Share of Manchester; San Francisco Labor & Employment partner Seth Neulight; Corporate associates Brian Kenney from Washington, DC and Jacalyn Smith from Chicago; and Los Angeles senior paralegal Mina Gonzaque-Taylor and Chicago paralegal Astrid McGruder, both of the Corporate practice.
- Mergers & Acquisitions
Trinity Hunt Partners invests in Supreme Optimization
March 14, 2023This article covering Trinity Hunt Partners’ majority investment in life sciences digital marketing agency Supreme Optimization mentions NP for serving as Supreme’s legal advisor in the deal. Los Angeles Corporate partner Michael Lawhead led the NP deal team, which also included Corporate partners Christian Hancey of Rochester, Shahzad Malik of Los Angeles, and Andrew Share of Manchester; San Francisco Labor & Employment partner Seth Neulight; Corporate associates Jacalyn Smith of Chicago and Brian Kenney of Washington, DC; and Los Angeles senior paralegal Mina Gonzaque-Taylor and Chicago paralegal Astrid McGruder, both of the Corporate practice.
- Law360
Seven wage and hour cases to watch in 2022
The following article quotes San Francisco Labor & Employment partner Seth Neulight for his outlook on key wage and hour SCOTUS petitions and cases to watch in 2022. Seth comments on People v. Handy Technologies Inc. et. al. and how the case illustrates worker classification and further considerations service gig companies should take into account. He also discusses PAGA suits, and how several pending Supreme Court cases present the question of whether its 2018 decision that condoned businesses requiring workers to resolve disputes in arbitration nullified an earlier California Supreme Court decision.Jan 3, 2022 - Law360
Seven Supreme Court wage and hour petitions to watch in 2022
The following article quotes San Francisco Labor & Employment partner Seth Neulight for his outlook on key wage and hour SCOTUS petitions and cases to watch in 2022. Seth comments on People v. Handy Technologies Inc. et. al. and how the case illustrates worker classification and further considerations service gig companies should take into account. He also discusses PAGA suits, and how several pending Supreme Court cases present the question of whether its 2018 decision that condoned businesses requiring workers to resolve disputes in arbitration nullified an earlier California Supreme Court decision.Jan 3, 2022 - Law360
Ninth Circuit won't jump-start Hertz age bias suit
This article covers the recent Ninth Circuit judgement that affirmed a summary judgement win for Hertz in a suit involving a fired payroll worker’s allegations of age bias and defamation against the car rental company. San Francisco Labor & Employment partner Seth Neulight is mentioned for advising Hertz.March 12, 2021 - Rochester Business Journal
U.S. releases new guidance on status of on-demand service providers
Rochester Corporate partner Jeremy Wolk wrote this contributed article outlining new guidance from the Department of Labor on whether “gig economy” workers should be considered independent contractors or employees.June 28, 2019 - Law360
Hertz workers' wage, rest break certification bid hits speed bump
San Francisco Labor & Employment partners Bob Dolinko and Seth Neulight and Los Angeles Labor & Employment associate Irene Scholl-Tatevosyan are mentioned in this article for their representation of Hertz in a matter regarding employees wage and rest break.Nov 5, 2018 - SHRM.com (Society of Human Resource Management)
Must California employers pay for every second worked?
San Francisco labor and employment partner Seth Neulight is quoted in this article analyzing a California Supreme Court case, Troester v. Starbucks, that could decide whether employers there must pay employees for ‘de minimis’ time—amounts of working time that are hard to track.May 8, 2018 - Law360
5 Ways to Avoid Legal Heartache from Office Romance
San Francisco labor and employment partner Seth Neulight is quoted in this article discussing why employers have an interest in regulating or managing workplace romances, and examining the pitfalls of so-called “love contracts” governing relationships between colleagues.Feb 16, 2018 - Bloomberg BNA
Seth Neulight shining moment for a disabled veteran
This feature highlights San Francisco labor and employment partner Seth Neulight’s pro bono work with Swords to Plowshares, a nonprofit organization serving veterans in Northern California.Oct 26, 2017 - Society of Human Resource Management (SHRM)
San Francisco bans salary history questions
San Francisco labor and employment partner Seth Neulight is quoted in this article about San Francisco’s Parity Pay Ordinance, which blocks all employers from asking applicants about their salaries.July 21, 2017 - SHRM
Tell employees what not to wear this summer
June 12, 2017San Francisco labor and employment partner Seth Neulight is quoted in this article about summer dress code policies.
- Variety
Will California's Fair Pay Act Make the Difference for Women in Hollywood?
San Francisco Labor & Employment partner Seth Neulight provides commentary in this feature story on the potential impact in Hollywood of California’s Equal Pay Act.Nov 10, 2015 - KCBS News Radio (San Francisco)
Equal Pay Act and Hollywood Impact
San Francisco Labor & Employment partner Seth Neulight provides live commentary on how California’s Equal Pay Act will impact Hollywood employers.Oct 8, 2015 - Law360
Calif. Gov. Signs Equal Pay Law Touted As Toughest In US
San Francisco Labor & Employment partner Seth Neulight provides commentary in this feature article on California Governor Brown’s signing into law a bill that aims to close the gender wage gap.Oct 6, 2015 - Law360
Calif. Cases to Watch in the 2nd Half of 2015
San Francisco Labor & Employment partner Seth Neulight provides commentary in this feature story on key cases before the California Supreme Court.July 22, 2015 - Law360
Calif. Court's FMLA Ruling Gives Cos. Vital Flexibility
San Francisco Labor & Employment partner Seth Neulight discusses a California appeals court decision that employers can seek a second medical opinion after a doctor determines a worker is fit to return from a Family and Medical Leave Act absence.April 17, 2014 - Employment Law360
GitHub Gender Bias Claims Show Startups Need HR Role Early
San Francisco Labor & Employment partner Seth Neulight provides commentary in a gender discrimination claim against San Francisco tech start-up GitHub.March 19, 2014 - Law360
Litigators Say ACA, Shaky Economy Will Spur Suits in 2014
San Francisco Labor & Employment partner Seth Neulight discusses the potential for age discrimination claims to rise as more workers stay on the job past their expected retirement age and as the average age of workforces increases.Jan 1, 2014
Admitted to practice
California
U.S. Court of Appeals, Sixth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. District Court, Central District of California
U.S. District Court, Eastern District of California
U.S. District Court, Northern District of California
U.S. District Court, Southern District of California
Education
DePaul University College of Law, J.D., (Editor, DePaul Law Review)
Northwestern University, B.A.
Professional activities
- American Bar Association, Labor and Employment Section
- State Bar of California, Labor and Employment Section
- Bar Association of San Francisco
Recognition
- The Best Lawyers in America® 2025 - Employment Law - Management and Litigation - Labor and Employment (listed since 2021)
- “Super Lawyer” from 2011 to 2022 - Northern California Super Lawyers
- “ Bill Brockett Pro Bono Attorney of the Year Award” (2017) - Swords to Plowshares (a veteran services organization)
Insights And Happenings
View AllProfessionals in the Practice Area
View AllJeffrey B. Gilbreth
Partner / Practice Group Leader, Labor & Employment- Boston
- Office:+1 617.345.1371
- jgilbreth@nixonpeabody.com
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Eric Paley
Partner / Team Leader, Employee Benefits & Executive Compensation- Rochester
- Office:+1 585.263.1012
- epaley@nixonpeabody.com
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