Louis M. Marlin, Esq.

T: 714-939-1300
F: 714-939-8710
Employment

After 43 years of active litigation, with a strong emphasis on employment wage and hour issues, Louis M. Marlin, Esq. has devoted himself to working full time as a neutral at JAMS since September 2015. His experience as a litigator, representing both defendants and plaintiffs in highly charged and often intricate complex matters, has provided him with an understanding of the needs of both sides when mediating these important cases.

Whether defending the largest university system in the world concerning issues involving tenure and allegations of wrongful termination, or prosecuting matters involving re-classification of insurance company claims adjusters, or litigating claims that employees of a nationwide retail chain were not properly compensated upon termination, his experience has formed the bedrock for his well-respected range of knowledge concerning employment and wage and hour matters. 

Since joining JAMS, Mr. Marlin has written several articles concerning mediation practices, often with a focus on issues directly related to assisting counsel in resolving cases through mediation. He is known for working actively to assist both sides in resolving employment and wage and hour matters.

Representative Matters

  • Wage-and-Hour
    • Counsel in dozens of wage and hour class actions based on claims such as:
      • Failure to make timely payment of earned bonuses
      • Failure to pay overtime compensation, “off the clock” work, and “show up” time
      • Failure to pay terminating employees for accrued vacation pay
      • Failure to provide legally compliant meal and rest breaks
      • Failure to reimburse for necessary business expenses
      • Misclassification of employees as administrative exempt workers, independent contractors, or managerial exempt workers
    • Mediated wage and hour class action alleging that warehouse employees were not compensated for time during security checks upon exiting facilities for meals and at end of shifts
    • Mediator for wage and hour class action filed on behalf of retail employees over non-compliant meal and rest breaks and “off the clock” work
    • Court-appointed discovery referee in wage and hour class action involving nationwide hotel chain
    • Cases brought under Private Attorney General Act (PAGA) of 2004
    • Alleged wage statement violation claims
    • Claims involving alleged misclassification of employees.
    • Claim that time employees spent at security bag check was not properly compensated
    • Claim that employer’s “time rounding” policy was illegal
    • Minimum wage violation disputes
  • Discrimination
    • Presided over several arbitrations concerning claims of discrimination in employment, including
      • claims of racial discrimination
      • gender discrimination
      • disability discrimination
      • age discrimination
    • Mediated claims involving failure to provide reasonable accommodations
    • Mediated claim by Fire Academy applicant who was prohibited from attending the Academy after being accepted due to being diabetic 
  • Wrongful Termination
    • Mediated claims involving wrongful termination (including constructive termination) in violation of public policy.
    • Alleged “whistleblower’s” claim for wrongful termination
    • Claim against restaurant chain for wrongful termination based on violation of Americans With Disabilities Act
    • Counsel for claims involving universities over wrongful termination and failure to grant tenure
    • Matter involving employer’s alleged failure to compensate employees for necessary business expenses
    • Claim for constructive wrongful termination based on sexual harassment
    • Mass Layoff Litigation involving claims that employer violated California and federal WARN Acts

Honors, Memberships, and Professional Activities

  • Honors
    • Rated as “Super Lawyer" (attorney 2007-2015, mediator 2016-2017)
    • Listed in “Top Attorneys of Southern California” by Los Angeles Magazine, class actions, complex litigation, and mass torts, 2007-2015
    • Listed in “Top Attorneys in Orange County“ by Orange Coast Magazine, 2010-2015
    • Listed as “Top Attorney in Orange County” by the Orange County Register newspaper
    • Listed as National Trial Lawyers’ “Top 100 Lawyer in California,” 2013-2015
    • Listed in Bar Register of Preeminent Lawyers, 1991-2015
    • AV rated over 25 years
  • Memberships
    • Orange County Bar Association
    • Los Angeles County Bar Association
    • Federal Bar Association
    • American Bar Association
    • Association of Business Trial Attorneys
  • Professional Activities
    • Speaker on multiple topics, including:
      • Ethics in Mediation
      • Resolving PAGA Cases in Mediation
      • Ethics and Social Media
      • Elimination of Bias in Mediation
      • Presentation of Wage and Hour case in mediation
  • ADR Profile

Background and Education

  • Founding Partner, Marlin & Saltzman, 1984-2015
  • Law Offices of Louis M. Marlin, 1973-1984
  • Associate, Sonenshine & Armstrong, 1972-1973
  • J.D., University of California, Hastings College of the Law
  • B.A., University of California, Irvine

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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