Law Offices of Jay W. Luther
21 Oak Ave
San Anselmo, CA 94960
Phone: (415) 456-6197 | Fax: (415) 532-1807
http://lutherlaw.com
Employment & Labor Relations
My preference is for employers seeking to understand and meet their obligations as employers, thereby minimizing their exposure both on a day to day basis, and in any pending legal proceedings.
CA, Jan 1971
Bar Number: 48237
State Bar of California; United States District Court for the Northern, Central and Eastern Districts of California; United States Court of Appeals for the Ninth Circuit
State Bar of California (Labor and Employment Law Section and Workers' Compensation Section); American Bar Association (Business Law Section and Labor and Employment Law Section); Marin County Bar Association (Employment Law Section); Bar Association of San Francisco
I routinely meet or exceed all State Bar requirements concerning continuing education on an ongoing basis.
While early in my career I published in peer journals, most recently I have been focusing on lay writing. Currently, I am the employment law columnist for the San Anselmo Chamber of Commerce publication "Network Success." It's been great fun.
The best of the stories unfortunately fall under the attorney-client privilege. What can be disclosed-- and what is significant-- is that I have represented clients before virtually every agency regulating employment, including the Division of Fair Employment and Housing, the Equal Employment Opportunity Commission, Cal-OSHA, OSHA, MSHA, the Division of Labor Standards Enforcement (Labor Commissioner), the Unemployment Insurance Appeals Board, the Workers' Compensation Appeals Board, and the NLRB, as well as before a broad assortment of courts, mediators and arbitrators.
L.L.B.
Columbia University School of Law
New York
NY
1968
Harlan Fiske Stone Scholar
Articles Editor, Columbia Journal of Law and Social Problems; Associate in Law (Teaching Fellow) 1968-69
A. B.
University of California, Berkeley
Berkeley
CA
1965
Pi Sigma Alpha
Pre-Law; Honors Thesis: Predicting the Behavior of the United States Supreme Court
1
California
I went into sole practice in 1993 when I thought that small and medium sized employers were having increased difficulty in obtaining first rate representation from large law firms due to ever increasing fees.
I've always liked working with smaller businesses, because they often have the most interesting legal issues and are most in need of experienced legal counsel.
Locally, I began practice in the Bay Area in the '70's as a consultant to the Employment Law Center. Thereafter, for over two decades, I was with the century-old law firm of Chickering & Gregory in San Francisco, where I focused on business and employment law and litigation.
I have been active in the Episcopal Church, and locally, have acted as a member of the vestry (governing body), Senior Warden (chief non-ordained officer), and legal counsel to St. Paul's Church in San Rafael, which boasts the City's oldest surviving church structure. I am a long time board member of Marin Interfaith Youth Outreach, San Rafael's premiere non-profit teen organization. Both of these experiences have given me a solid appreciation of the needs and problems of small and medium sized businesses. As a nearly lifelong computer and electronics and computer hobbyist, as a webmaster for several sites, and as counsel for several high tech firms, I have also come to understand both the jargon and problems of high tech businesses of many sizes.
It's imperative for clients to educate themselves constantly. It makes them better business people and better clients.
Often the best place to start is with a client document, because it gives me a clear idea what the client wants from the very beginning. Sometimes, the client document is very close to the ending point as well. Nonetheless, in many cases, the client document can only be a guide to the final document, if the client's interests are to be protected.
I've done it, with considerable success. I've also recommended it in appropriate cases as actually preferable to formal legal representation. In many cases, however-- such as a complex wage and hour case before the Labor Commissioner-- the client will need representation, rather than coaching. In the end, it depends on the complexity of the case, the nature of the agency hearing the matter, and other factors.
To work daily with the intellectual depth and rigor of the law itself, and to use the power the thoughtful practice of law gives to careful practitioners to help others.
My experience growing up in San Francisco, working out of Union hiring halls as a teen, and learning how to practice law in OEO Legal Services, grounds me in understanding employee concerns. Counseling and representing Fortune 500 companies-- and many smaller businesses-- at the management level has taught me how strong a well-administered employer can be both in retaining good employees and in defending itself in litigation. It has also taught me where employers are most likely to make expensive mistakes.
Outside of family, the employment relationship-- what one does most of the waking hours of every day-- is the most significant one in many people's lives. It is also one of the most legally regulated, with the result that employers really need help navigating the shoals, whether they know it or not. Hence, this is a specialty where I felt that I could make a positive difference in other people's lives. And indeed, that's the way it turned out.
The great thing about practicing law is the variety. Every new case or matter is like an entire new world: new people, new problems, new technology, and new ideas.
To keep overhead low, this firm is and will remain a one person office. Of course, other professionals and staff are brought in on an ad hoc basis when the need arises.
My unique strength is many years of very diverse practice in the employment and civil litigation areas.
In dealing with clients, my model is that of full disclosure: everything pertinent to dealing with a problem and making a decision will be disclosed, not just a naked recommendation. In administering cases, I work to develop the most cost effective approach consistent with a good settlement or a successful trial.
I enjoy my family, computers, reading, and community activities.
No
(415) 532-1807
Monday through Friday
9:00 a.m. to 5:30 p.m.
No
None
I currently have no fixed price services or fees as such.
$235 to $290, depending on the nature of the matter.
Usually, the initial consultation is added to ongoing fees. When representation is declined, there is typically no charge.
A retainer is usually waived for credit worthy clients who timely pay the statements sent them. Clients who are late in paying my fees, and those who are approaching trial, will generally have to post a retainer equal to the expected fees and costs for the next 30 days.
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