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Jay W. Luther

Jay W. Luther

Law Offices of Jay W. Luther
21 Oak Ave
San Anselmo, CA 94960

Phone: (415) 456-6197  |  Fax: (415) 532-1807
http://lutherlaw.com

Contact Jay W. Luther

Serving the Employer Community For Over 30 Years.

Legal Topic

Employment & Labor Relations

Preferred New Clients

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.

Sub-Categories

Employers
  • Affirmative Action
  • Age Discrimination
  • Americans With Disabilities Act (ADA)
  • Compensation, Benefits, & Pensions
  • Disability Discrimination
  • Discipline/Suspension
  • Emotional Distress
  • Employee Polygraph Protection Act (EPPA)
  • Employee Rights
  • Employment Contracts
  • Fair Labor Standards Act (FLSA)
  • Family Medical Leave Act (FMLA)
  • Immigration Reform & Control Act of 1986 (IRCA)
  • Occupational Safety & Health Act (OSHA)
  • Older Workers Benefit Protection Act (OWBPA)
  • Pregnancy Discrimination Act (PDA)
  • Race Discrimination
  • Racial Harassment
  • Section 1981 of the Civil Rights Act of 1866
  • Severance Packages
  • Sex Discrimination
  • Sexual Harassment
  • Termination
  • Uniformed Services Employment & Reemployment Rights Act
  • Wage & Hour Laws
  • Whistleblower
  • Worker Adjustment & Retraining Notification (WARN) Act
  • Workers' Compensation
  • Wrongful Termination
Labor Law - Employers
  • Collective Bargaining
  • Labor Arbitration
  • Labor Disputes
  • Labor Legislation
  • National Labor Relations Act (NLRA)
  • Unions

Bar Admissions

CA, Jan 1971
Bar Number: 48237

Other Court Admissions

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

Association Memberships

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

Continuing Education

I routinely meet or exceed all State Bar requirements concerning continuing education on an ongoing basis.

Papers and Publications

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.

Example Cases

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.

Education

Degree:

L.L.B.

School:

Columbia University School of Law

City:

New York

State:

NY

Year:

1968

Honors:

Harlan Fiske Stone Scholar

Focus and Accomplishments:

Articles Editor, Columbia Journal of Law and Social Problems; Associate in Law (Teaching Fellow) 1968-69

 

Degree:

A. B.

School:

University of California, Berkeley

City:

Berkeley

State:

CA

Year:

1965

Honors:

Pi Sigma Alpha

Focus and Accomplishments:

Pre-Law; Honors Thesis: Predicting the Behavior of the United States Supreme Court

Number of Attorneys

1

State Licensed In

California

Firm Focus and History

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.

Previous Employment Summary

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.

Activities and Awards

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.

What is your opinion regarding clients educating themselves on legal issues?

It's imperative for clients to educate themselves constantly. It makes them better business people and better clients.

Are you willing to review documents prepared by 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.

Are you willing to coach clients who want to represent themselves?

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.

Why did you decide to be a lawyer?

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.

What work experience and education helps you be a better lawyer?

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.

Why did you decide on your primary area of practice?

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.

What do you like best about your career?

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.

Tell us about your law firm:

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.

What are your strengths and style?

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.

Personal Interests:

I enjoy my family, computers, reading, and community activities.

Office Manager/Assistant

No

Fax

(415) 532-1807

Office Hours

Monday through Friday
9:00 a.m. to 5:30 p.m.

Emergency After Hours

No

Foreign Languages

None

Fixed-Price Services and Fees

I currently have no fixed price services or fees as such.

Hourly Rates

$235 to $290, depending on the nature of the matter.

Free Initial Consultation?

Usually, the initial consultation is added to ongoing fees. When representation is declined, there is typically no charge.

Typical Retainer

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.

Understanding Fees

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