Kelly O. Scott, Partner

Hi, I’m Kelly O. Scott

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 class actions, wrongful termination, sexual harassment, employment discrimination and harassment, 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, 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 and one of the longest running employment law newsletters on the West Coast. The publication also appears on the Internet via ECJ’s website: www.ecjlaw.com. In addition to the Employment Law Reporter, recent publications include: “Cures for the Layoff Hangover,” American Banker, August 2011; “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; and ”Holiday Party Precautions,” Martindale Hubbell Employment Counsel Alert, April/June 2004.  Mr. Scott has been quoted by a wide variety of news organizations, including CNN Entertainment, the Associated Press, Travel Weekly, Law360, Thomson Reuters, E! News, The Christian Science Monitor, The Human Resource Executive, Westlaw, Best Practices in HR, the HR Spotlight, the Government Affairs Watchdog, and the ALA 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 is a frequently requested public speaker and has provided seminars to such prestigious organizations as: The Professionals In Human Resources Association; California State University Northridge; The California Employer Advisory Council; The Association of Legal Administrators; The California Association of Joint Powers Authority; West LegalEdcenter; The Beverly Hills Chamber of Commerce; The Los Angeles County Bar Association; The Beverly Hills Bar Association; The State Bar of California – Annual Meeting of the Tax Bars; The California Bankers Association; The Southern California Tax & Estate Planning Forum; The Restaurant & Hospitality Association; The Business Retail Council; The CPA Administrators’ Association; The Los Angeles County Medical Association; and Sterling Education Services, Inc.

Recent Seminar Topics include: “Start the Countdown: Compliance with the Patient Protection and Affordable Care Act”; “Social Pressure: When is Employee Speech on Social Media Too Much?”; “Troubleshooting Employee Paychecks”; “Beyond Brinker: Give Me A Break!!!  Meal Breaks, Rest Breaks, The Rolling Five and The Future of Wage and Hour Class Action Litigation”; “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 included on the Southern California Super Lawyers list, published in Los Angeles magazine, for 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007, 2006 and 2004. He was also selected by the 5W Report as the best Employment Lawyer in Southern California for 2010. Mr. Scott has been appointed to the Business and Legal Reports Advisory Board and the Board of Directors for the Beverly Hills Chamber of Commerce and The Maple Counseling Center. He is an approved MCLE provider, and a member of the State Bar of California and the California Lawyers for the Arts. Mr. Scott maintains a Martindale-Hubbell peer review rating of AV Preeminent. 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.

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

Classes/Seminars Taught

  • “Beyond Brinker: Give Me A Break!!!  Meal Breaks, Rest Breaks, The Rolling Five and The Future of Wage and Hour Class Action Litigation”
  • “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

  • Ervin Cohen & Jessup, Employment Law Department
    Head of Department
  • Ervin Cohen & Jessup, Litigation Department
    Member
  • State Bar of California
    Member
  • ECJ’s Employment Law Reporter
    Editor
  • The Maple Counseling Center
    Board of Directors, Vice President of Human Resources
  • Beverly Hills Chamber of Commerce
    Board of Directors
  • California Lawyers for the Arts
    Member
  • Business and Legal Reports Advisory Board

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