- American Society for Healthcare Human Resources
- Association of California Insurance Companies
- California Association of Healthcare Facilities
- Hospitality Lawyer
- Insurance Brokers of the West
Bar & Court Admissions
- State Bar of California
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Courts for the Northern, Central, Eastern, and Southern Districts of California
State Bar of California (Labor & Employment Section)
Los Angeles County Bar Association (Labor & Employment Section)
St. Vincent De Paul Society
Ability First 5K (Board of Directors)
University of Southern California School of Law, J.D.
University of Michigan, B.A.
Spencer Hamer represents employers in state and federal court, and before administrative bodies, on labor and employment matters including discrimination, harassment, breach of contract, family medical leave, disability, wage and hour, retaliation, unfair competition, trade secrets, wrongful termination and privacy rights.
Mr. Hamer believes that employers are best served by lawyers who help them avoid litigation, and he therefore devotes a substantial amount of his practice to advisory work. He conducts training on general employment law risk issues and routinely counsels on a variety of matters including leaves of absence, employment agreements, accommodations, employment policies and procedures, wage and hour audits, workplace investigations and anti-harassment training.
Mr. Hamer has represented a variety of health care industry employers, including hospitals, medical practice groups, urgent care centers, ambulance operators and emergency medical providers. He has conducted numerous wage and hour audits of restaurant industry clients, including analysis of potential unpaid overtime, meal and rest break liability, pay stub violations and related issues.
In the insurance industry, Mr. Hamer has advised employers on numerous matters regarding broker compensation, independent contractor issues, wage and hour risks, and unfair competition. Mr. Hamer has counseled automobile dealerships and transportation industry employers on workplace theft, sexual harassment, and wage and hour matters. He has also worked with numerous local colleges and universities to assist them with educational access and discrimination issues, development of codes of conduct, student privacy and tenure disputes.
Mr. Hamer is the Chair of M&R's Pro Bono Committee, and is a member of M&R's Affordable Care Act Advisory Group.
Mr. Hamer earned his J.D. from the University of Southern California, School of Law in 1995. While in law school, he served as a judicial extern to the Hon. Dorothy W. Nelson of the U.S. Court of Appeals for the Ninth Circuit. Mr. Hamer was conferred his B.A. in English from the University of Michigan in 1991.
- Age Discrimination and Retaliation: A radiologist claimed that he had been discriminated against based on his age. During trial, Mr. Hamer filed a motion that resulted in dismissal of all claims of age discrimination and retaliation, convincing the court that the only issue for the jury to decide related to an alleged breach of contract. This substantially limited his client's potential liability.
- Defense of Retaliation Claim: An employee claimed that he had been fired for using Family Medical Leave to visit a sick family member in the Philippines. By obtaining certain documentary evidence and deposition admissions, Mr. Hamer was able to show that the plaintiff had, in fact, been in the United States during the alleged leave. At trial, the plaintiff decided to drop the case after the defense made it clear that it had overwhelming evidence that the plaintiff had fraudulently claimed to have been out of country.
- Labor Law: The Teamsters Union sought to represent a group of employees at a California public healthcare district. Mr. Hamer was able to limit the scope of the bargaining unit. Subsequently, during collective bargaining, he convinced the union to drop the vast majority of its demands regarding wage and benefit increases that were unacceptable to the district.
- Sexual Harassment: The plaintiff made extensive and detailed allegations of sexual harassment. Mr. Hamer used a strategy that involved extensive review of computer forensic evidence, including a review of communications by the plaintiff, that directly contradicted her allegations. The plaintiff did not know that she had left this information on the company’s servers, and testified in contradictory fashion at deposition. Subsequently, the case settled for a nominal amount.
- Unfair Competition: A representative action under the California Private Attorney General Act (PAGA) filed against a Los Angeles area hospital went to trial in Los Angeles Superior Court. The plaintiffs claimed that they were given inaccurate paystubs under California Labor Code Section 226. Mr. Hamer cross-examined the plaintiff’s expert and forced him to admit that the paystubs did not lack information specifically required by California law. As a result, Mr. Hamer and his team prevailed at trial.
- Wage and Hour: A real estate insurance industry client was sued on a class action basis for wage and hour claims, including failure to pay overtime and failure to provide meal and rest breaks. Mr. Hamer convinced the opposing counsel to drop the case after establishing that the vast majority of the employees at issue were exempt employees, and thus were not entitled to overtime or breaks.
- Wage Hour Class Action: A class action lawsuit was filed against a hospital alleging failure to pay overtime for shift premiums. Although the regulations on the issue were unclear, Mr. Hamer was able to get the case dismissed at the summary judgment stage, convincing the court that the method of overtime payment used by the hospital was proper.
- Whistleblower Defense: A human resources manager sued her hospitality industry employer, claiming that she had been fired for reporting I-9 violations to the federal government. After conducting discovery, Mr. Hamer learned that she had in fact been falsifying time records, not only for herself, but also for one of her co-workers. In addition, he uncovered evidence that strongly suggested that she had stolen property after being terminated. The case settled for a nominal amount.
- Whistleblower Defense: An employee of a Los Angeles-based hospital filed suit, claiming that he had been terminated for pointing out unsafe working conditions during a major remodeling. Mr. Hamer was able to obtain dismissal of the case by filing a motion for summary judgment. The court agreed that the employee had been terminated for performance-related reasons only.
- Whistleblowing: An employee claimed that she was terminated for reporting the employer to the California Department of Insurance for improper quote practices. During discovery, Mr. Hamer was able to establish that the plaintiff had failed to perform numerous job duties, and that her report to the department was based on a failure to understand the distinction between commercial and personal lines. In addition, he obtained information that showed that the plaintiff was not suffering from emotional distress, as she had claimed. The case resolved for a nominal amount.
- Wrongful Termination: A yard supervisor claimed that he and his co-workers had been required to drive cement mixers in violation of the Department of Transportation’s hours of service requirements. Mr. Hamer was part of a trial team that obtained a defense verdict after a three-week jury trial. Mr. Hamer filed a crucial motion that barred evidence allegedly supporting the plaintiff’s theory of the case, and on which the plaintiff had relied in deciding to reject a settlement offer and take the case to trial.
- August 7, 2014
- July 16, 2013
- Michelman & Robinson Gives Back to Community by Participating in the 2013 Ability First Stroll & RollApril 28, 2013
- January 1, 2012
- September 8, 2014
- August 8, 2014
- August 7, 2014
- January 23, 2014
- December 4, 2013
- November 26, 2013
- Talent Management Magazine, November 2013
- What's Working in Human Resources, September 3, 2013
- Daily Journal, August 20, 2013
- Human Resource Executive Online, July 30, 2013
- HC Online, July 30, 2013
- Law360, June 24, 2013
- Law360, March 26, 2013
- Law360, March 15, 2013
- Daily Journal, March 7, 2013
- Law360, February 14, 2013
- Law360, January 14, 2013
- Law360, January 4, 2013
- Law360, November 30, 2012
- The Recorder, November 9, 2012
- Law360, October 24, 2012
- Law360, October 3, 2012
- Law360, June 26, 2012
- Law360, June 5, 2012
- Daily Journal, March 7, 2012
- Daily Journal, February 29, 2012
- Press Release, January 1, 2012
- Law360, April 15, 2011
- California Healthcare News, September 16, 2014
- Employment Class Action Waivers Under the Federal Arbitration Act: Clarity From the California Supreme CourtBloomberg BNA: Class Action Litigation Report, September 12, 2014
- Siren Magazine, August 18, 2014
- California Healthcare News, March 11, 2014
- Michelman & Robinson, LLP Labor & Employment Blog, October 29, 2013
- Siren Magazine, Fall 2013
- Michelman & Robinson, LLP Labor & Employment Blog, September 18, 2013
- Bloomberg BNA, July 12, 2013
- Brokers Insurance Group Newsletter, July 2013
- American Agents Alliance Newsletter, April 11, 2013
- Siren Magazine, Spring 2013
- Human Resource Executive Online, March 20, 2013
- American Agents Alliance Newsletter, March 14, 2013
- Employers Cannot Deny Family Medical Leave Based on Honest Belief That An Employee Worked Another Job During LeaveCalifornia Employment Attorney Blog, November 28, 2012
- Employment Attorney Blog, November 6, 2012
- By Spencer HamerCalifornia Employment Attorney Blog, July 23, 2012
- California Employment Attorney Blog, June 7, 2012
- California Employment Attorney Blog, May 16, 2012
- Michelman & Robinson, LLP Client Alert, April 13, 2012
- California Employment Attorney Blog, March 8, 2012
- California Employment Attorney Blog, February 17, 2012
- New California Leave Mandate ProposedCalifornia Employment Attorney Blog, February 17, 2012
- California Employment Attorney Blog, January 23, 2012
- California Employment Attorney Blog, January 13, 2012
- American Agents Alliance Alert, February 8, 2011
- Law360, August 31, 2010
- HospitalityLawyer.com, July 6, 2010
- Club Managers Association of America Newsletter, Spring 2010
- California Employment Attorney Blog, April 8, 2009
- California Employment Attorney Blog, March 31, 2009
- Urgent Care Association of America Fall ConferenceDenver, Colorado, October 11, 2014
- National Employment Law Institute (NELI)San Francisco, CA, July 16, 2014
- Center for Competitive ManagementWebinar, June 10, 2014
- Michelman & Robinson, LLPEncino, California, May 22, 2014
- WebinarFebruary 19, 2014
- Multiple Client Representation: Common Conflict Issues in Litigation and Transaction Matters and Avoiding Traps for the UnwaryMichelman & Robinson, LLP CEOC RoundtableEncino, CA, November 15, 2013
- M&R Hot Topics SeriesLuxe Hotel, Los Angeles, CA, November 7, 2013
- California Tow Truck Association's Western States Tow ShowTown and Country Resort, San Diego, CA, October 10, 2013
- Urgent Care Association of America Fall ConferenceGlendale, AZ, October 5, 2013
- American Agents Alliance Annual Convention and ExpoPalm Desert, CA, September 27, 2013
- American Agents Alliance (Los Angeles Chapter Meeting)Los Angeles, CA, August 7, 2013
- Webinar, June 6, 2013
- Brokers Insurance Group's (BIG) 4th Annual ConventionPomona, CA, April 25, 2013
- California Ambulance Association Healthcare Reform SummitSan Diego, CA, April 24, 2013
- American Agents AllianceSan Diego, CA, March 19, 2013
- The Doctor's Company, March 13, 2013
- California Ambulance Association WebinarWebinar, February 21, 2013
- American Agents AllianceWebinar, February 19, 2013
- M&R Hot Topics SeriesLuxe Hotel on Sunset Blvd, Los Angeles, CA, October 25, 2012
- M&R Hot Topics SeriesSLS Hotel, West Hollywood, CA, October 8, 2012
- California Tow Truck Association's Western States Tow ShowSan Diego, CA, October 4, 2012
- Webinar, October 4, 2012
- HCF Insurance Agency, Inc.Webinar, October 1, 2012
- American Agents Alliance Annual Convention & ExpoPalm Desert, CA, September 27, 2012
- How Will Implementation of Affordable Care Act Requirements Affect CAA Members? and, A Review of New Employment Legislation Passed or Pending in the California Legislature in September, 2012California Ambulance Association's Annual Convention & Reimbursement ConferenceDisney's Paradise Pier Hotel, Anaheim, CA, September 25, 2012
- Non-compete Agreements: Drafting and Enforcement Considerations - Strategies to Protect Proprietary Business Information and Trade Secrets from Employee MisappropriationWebinar, August 28, 2012
- Webinar, June 26, 2012
- Brokers Insurance Group's Annual ConventionRiverside Convention Center, Riverside, CA, May 4, 2012
- Webinar, January 24, 2012
- Brokers Insurance Group MeetingLos Angeles, CA, June 29, 2011
- M&R Hot Topics SeriesLos Angeles, CA, February 23, 2011
- www.hospitalitylawyer.com, November 17, 2010
- Webinar, October 27, 2010
- Hollywood, CA, October 27, 2010
- Work Calls on Private Cell Phones: California Court of Appeal says Employers Must Reimburse August 20, 2014
- California Supreme Court Clarifies Commission Sales Exemption August 18, 2014
- Spencer Hamer Discusses PAGA at NELI's 38th Annual Employment Discrimination Law Update July 16, 2014
- E-Cigarettes in the Workplace: California Senate Bill 648 January 23, 2014
- California Supreme Court Reverses Itself on Arbitration Waiver of Right to Wage Hearings October 29, 2013
- Covered California: A New Health Insurance Exchange September 18, 2013
- California Court of Appeal Affirms That Employees Must Participate in Workplace Investigations May 2, 2013
- California Department of Fair Employment and Housing Issues Revised Pregnancy Discrimination Regulations January 9, 2013
- California Employers Cannot Deny Family Medical Leave Based on Honest Belief That an Employee Worked Another Job During Leave November 28, 2012
- Can Vacation Pay Be Less Than an Employee's Regular Pay Rate? September 25, 2012
- California Court Says Franchisor Can Be Liable for Employment Claims of Franchisee's Employees July 23, 2012
- Significant Victory for California Employers on Arbitration July 6, 2012
- New California Employment Laws for 2013 June 11, 2012
- EEOC Issues New Guidance on Criminal Background Checks May 16, 2012
- California Employers Receive Long Awaited Ruling on Meal and Rest Breaks April 13, 2012
- New California Leave Mandate Proposed March 28, 2012
- California Physician Assistant Wins $168 Million Sexual Harassment Verdict March 8, 2012
- 2011 Another Record Year for EEOC February 17, 2012
- OSHA Form 300a Annual Summary Must Be Posted by February 1, 2012 January 23, 2012
- California Employment Law Update: What's New for 2012 January 13, 2012
- US Supreme Court Permits Unions to Agree to Arbitrate Discrimination Claims April 8, 2009
- California Agency Pays Unemployment Benefits to Workers Terminated for Misconduct March 31, 2009
- NELI's 38th Annual Employment Discrimination Law UpdateJuly 16, 2014
- Center for Competitive ManagementJune 10, 2014
- Hot Topics in Urgent CareMay 22, 2014
- California Tow Truck Association's (CTTA) Western States Tow ShowOctober 10, 2013
- Urgent Care Association of America (UCAOA) Fall ConferenceOctober 5, 2013
- American Agents Alliance Convention and ExpoSeptember 27, 2013