Kelly O. Scott

Bio picture for Kelly O. Scott

Kelly O. Scott

  • Phone (310) 281-6348
  • Fax (310) 859-2325

Kelly Scott is a partner at the Beverly Hills law firm of Ervin Cohen & Jessup LLP and the head of the firm’s Employment Law Department.  He is also a member of the Litigation Department and has practiced law since 1987.  His areas of practice include representation of employers in all types of employment matters, including wrongful termination, sexual harassment, employment discrimination, retaliation, wage and hour claims and advice and/or training for compliance with various employment laws.

Mr. Scott is also an experienced investigator in various types of employment law related complaints and problems, including, but not limited to, discrimination, sexual harassment, retaliation, workplace violence, wage and hour issues, overtime exemptions, employee theft and various allegations of employee misconduct.  He is well-versed in pre-employment investigations and background checks, and is frequently active in the interviewing and review process for hiring, terminating and improving the performance of employees.

Mr. Scott serves as Editor of ECJ’s Employment Law Reporter, a monthly publication dealing with a variety of employment and labor law issues.  The publication also appears on the Internet via ECJ’s website: www.ecjlaw.com and Managed Care On Line at www.mcol.com. In addition to the Employment Law Reporter, recent publications include: “Conducting an Internal Investigation,” Leadership Exchange Magazine, August 2006; “The Fine Print,” American Executive Magazine, May 2006; “Avoiding Telecommuting Pitfalls,” Leadership Exchange Magazine, May 2006; ”Tis the Season… To Be Careful,” Workplace Violence Prevention Reporter, November/December 2005; “Commission Impossible,” Los Angeles Business Journal, April 2005; “Successful Terminations,” Mobility Magazine, February 2005 and April 2005; “In Compliance,” Benefits Compensation Solutions, November/December 2004; “Holiday Party Precautions,” Martindale Hubbell Employment Counsel Alert, April/June 2004; “Time to Party,” EAP Digest, Fall 2003; “Holiday Parties: Avoiding a Liability Hangover,” International Public Managers Association, November 2002, HR Banker, December 2001 and Credit Union HR Manager, December 2001; “Salary is Not a Factor” and “Former Employees May be Prevented From Working for Competitors,” Building Standards, March-April, 2000, and; “How to Avoid Legal Pitfalls in Telecommuting Benefits,” Employee Benefit News, January, 2000.  Mr. Scott has also been frequently quoted in Best Practices in HR, The Government Affairs Watchdog, What to Do About Personnel Problems and ALA (Association of Legal Administrators) News.

In addition, Mr. Scott co-authored the attorney practice tips of the 2008 Judicial Council Publication of California Forms of Jury Instruction on Trade Secrets.  The practice tips are designed to assist attorneys engaged in trials involving trade secret claims by providing practical advice on modifying and using the form jury instructions supplied by the California Judicial Council.  These jury instructions are recommended for use by all Superior Court judges throughout the State of California.  California Forms of Jury Instruction, Mathew Bender & Company, Chapter 44, May 2008.

Published Opinions: Comedy Club, Inc. v. Improv West Associates, 553 F.3d 1277 (9th Cir. 2009).

Mr. Scott has provided seminars to such prestigious organizations as: The Professionals In Human Resources Association; Sterling Education Services, Inc.; The California Employer Advisory Council; The Association of Legal Administrators; The California Association of Joint Powers Authority; The Beverly Hills Chamber of Commerce; The Corporate Law Department Section of the Los Angeles County Bar Association; The Beverly Hills Bar Association; The State Bar of California – Annual Meeting of the Tax Bars; The Association of Legal Administrators; The California Bankers Association; The Association of Internet Professionals; The Southern California Tax & Estate Planning Forum; Restaurant & Hospitality Association; The Business Retail Council; The CPA Administrators’ Association; The Los Angeles County Medical Association; The Service Corps of Retired Executives; and Venbrook Risk Management & Insurance Services.

Recent Seminar Topics include: “Privacy In The Workplace: An Employee’s Right To Privacy Versus An Employer’s Right To Know”; “H.R.’s Role In Protecting Trade Secrets”; “Understanding and Avoiding Sexual Harassment Claims”; “Conducting an Internal Investigation”; “Successful Terminations”; “Avoiding Telecommuting Pitfalls”; “Layoffs and Terminations”; “Keeping a Handle on Payroll Taxes”; “ADA Access and Beyond”; “Protecting Your Business Assets”; “Exempt Versus Non-Exempt Employees”; “Preventative Practices/Procedures to Build A Successful Business”; “Employment Documentation: The Basics”; “Avoiding Employment Liability: The Essentials”; “At-Will Employment”;  “The Hiring Process”; “New Employment Laws”; and “Labor/Employment Law Idea Exchange”.

Mr. Scott has been named a “Super Lawyer” (2010, 2009, 2008, 2007, 2006 and 2004) by Los Angeles magazine and a “Top Attorney” (2008) by Law & Politics magazine.  He has also been appointed to the Business and Legal Reports Advisory Board and the Board of Directors for the Beverly Hills Chamber of Commerce.  He is an approved MCLE provider, and a member of the State Bar of California and the California Lawyers for the Arts.   Mr. Scott has a Martindale Hubbell peer review rating of AV.  Mr. Scott received his B.A. from the University of California, Los Angeles and his J.D. from the University of Southern California Law Center.

Current Employment Position(s)

  • Partner

Areas of Practice

  • Employment Law–Employer
  • Wrongful Termination
  • Sexual Harassment
  • Employment Discrimination
  • Management and Employee Training for Compliance
  • Employment Investigations
  • Wage and Hour Claims
  • Retaliation

Bar Admissions

  • California, 1987

Education

  • University of Southern California Law Center, Los Angeles, California, 1987
    J.D.
  • University of California, Los Angeles, CA, 1984
    B.A.

Published Works

  • Attorney practice tips of the 2008 Judicial Council publication of California Forms of Jury Instruction on Trade Secrets (co-author), California Forms of Jury Instruction, Mathew Bender & Company, Chapter 44, May 2008
  • “Conducting an Internal Investigation,” Leadership Exchange Magazine, August 2006
  • “The Fine Print,” American Executive Magazine, May 2006
  • “Avoiding Telecommuting Pitfalls,” Leadership Exchange Magazine, May 2006
  • “Tis the Season… To Be Careful,” Workplace Violence Prevention Reporter, November/December 2005
  • “Commission Impossible,” Los Angeles Business Journal, April 2005
  • “Successful Terminations,” Mobility Magazine, February 2005 and April 2005
  • “In Compliance,” Benefits Compensation Solutions, November/December 2004
  • “Holiday Party Precautions,” Martindale Hubbell Employment Counsel Alert, April/June 2004
  • “Time to Party,” EAP Digest, Fall 2003
  • “Holiday Parties: Avoiding a Liability Hangover,” International Public Managers Association, November 2002, HR Banker, December 2001 and Credit Union HR Manager, December 2001
  • “2001: An Employment Odyssey,” Tax Info (Newsletter of Rossi, Finkelstein & Company LLP), July 2001
  • “Salary is Not a Factor” and “Former Employees May be Prevented From Working for Competitors,” Building Standards, March-April, 2000
  • “California Takes A Step Backward – Governor Davis Reinstates Daily Overtime,” Building Standard, January-February 2000
  • “How to Avoid Legal Pitfalls in Telecommuting Benefits,” Building Standard, January-February 2000 and Employee Benefit News, January, 2000
  • “E-Mail Warnings or Disclaimers”, HR Banker, January 2000
  • “Telecommuting”, Interchange (Monthly Newsletter of the Beverly Hills Chapter, Association of Legal Administrators), February 2000 and The Fordyce Letter, November 1999
  • “E-Mail Warning: Forewarned Is Forearmed – And Disarmed”, Director’s Monthly, November 1999
  • “Year 2000 Employment Issues”, Building Standard, September-October 1999
  • “Is Sick Building Syndrome A Disability?”, Energy & Environmental Management, Winter 1997
  • Frequently Quoted in Best Practices in HR, The Government Affairs Watchdog, Year 2000 Compliance – Initial Information, What to Do About Personnel Problems and ALA (Association of Legal Administrators) News

Classes/Seminars Taught

  • “Privacy In The Workplace: An Employee’s Right To Privacy Versus An Employer’s Right To Know”
  • “H.R.’s Role In Protecting Trade Secrets”
  • “Understanding and Avoiding Sexual Harassment Claims”
  • “Conducting an Internal Investigation”
  • “Successful Terminations”
  • “Avoiding Telecommuting Pitfalls”
  • “Layoffs and Terminations”
  • “Keeping a Handle on Payroll Taxes”
  • “ADA Access and Beyond”
  • “Protecting Your Business Assets”
  • “Exempt Versus Non-Exempt Employees”
  • “Preventative Practices/Procedures to Build A Successful Business”
  • “Employment Documentation: The Basics”
  • “Avoiding Employment Liability: The Essentials”
  • “At-Will Employment”
  • “The Hiring Process”
  • “New Employment Laws”
  • “Labor/Employment Law Idea Exchange”

Published Opinions

  • Comedy Club, Inc. v. Improv West Associates, 553 F.3d 1277 (9th Cir. 2009)

Professional Associations and Memberships

  • ECJ’s Employment Law Reporter
    Editor
  • State Bar of California
    Member
  • California Lawyers for the Arts
    Member
  • Business and Legal Reports Advisory Board
  • Ervin Cohen & Jessup, Employment Law Department
    Head of Department
  • Ervin Cohen & Jessup, Litigation Department
    Member
  • Beverly Hills Chamber of Commerce
    Board of Directors
  • Best Practices Advisory Board