Scott J. Wenner

Scott Wenner is co-chair of Schnader’s International Group and chaired the firm’s Labor and Employment Practices Group from 2006 until late 2013. A member of both the New York and California bars, Mr. Wenner is resident in the firm’s New York office but maintains an active California practice and is part of the firm’s San Francisco office as well.

Mr. Wenner represents employers across industry lines and across borders on a broad range of labor and employment law matters, including trials and appeals, employment agreements and advice and counsel on compliance and preventive strategies. He regularly assists foreign-based employers with compliance and practical issues as they are entering the United States to commence business operations and beyond - his litigation practice in recent years has included disputes centered around post-employment restrictive covenants, including non-competition, non-solicitation and trade-secret obligations, and class and collective actions on independent contractor classification.

Other Distinctions

•Rated AV Preeminent by Martindale-Hubbell
•Listed in The Best Lawyers in America for Litigation-Labor and Employment, 2018-2020
•Euromoney Legal Media Group Guide to the World’s Leading Labour and Employment Lawyers
•International Who’s Who of Management Labour and Employment Law
•“New York Super Lawyer” for Labor and Employment Law, 2006-2018
•Frequent speaker before audiences in the United States and abroad
•Presenter to workshops on employment discrimination law for federal judges sponsored annually by The New York University School of Law and the Institute for Judicial Administration
•Faculty member for the National Institute for Trial Advocacy (NITA)

News & Publications

•Risky Business: Compliance with Independent Contractor Classification Rules Just Got Even More Complicated in California and Beyond
•Schnader Attorneys Named to The Best Lawyers in America 2020
•Ninth Circuit Panel Reverses Denial of Uber’s Motion to Compel Arbitration of Misclassification Claims and Upholds Class Action Waiver
•MA Law to Tightly Regulate Post-Employment Covenants Not to Compete; Uniform Trade Secret Act is Adopted
•Schnader Attorneys Named to The Best Lawyers in America 2019
•Scott Wenner Published “No Clear Answers for Employers in Masterpiece Cakeshop Case”
•No Clear Answers for Employers: Colorado Baker Who Refused to Create Wedding Cake for Same Sex Nuptials Prevails in Supreme Court
•San Francisco Law Would Expand the Bar on Background Checks
•A Review Of Key Sexual Harassment Legal Issues For Businesses
•Common Mistakes Employers Make in Handling Complaints of Sexual Harassment
•Schnader Attorneys Named to Super Lawyers 2017
•40 Schnader Attorneys Named to The Best Lawyers in America 2018
•Notice of Rights of Victims of Domestic Violence Now Required for New Hires in California
•Schnader Names Scott Wenner New York Managing Partner
•Scott Wenner Discusses Overtime Rule
•Many Schnader Attorneys Named to Super Lawyers 2016
•‘Privacy Shield’ Replacing Invalidated EU-US Safe Harbor Agreement is Open for Business, but Challenges to its Validity are Expected
•Wenner Quoted in “With Domino’s Lawsuit, New York AG Goes for Joint Employer Liability”
•Defend Trade Secrets Act is Enacted
•New York City Commission on Human Rights Publishes Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy
•Both Statewide Paid Family Leave and the $15 Minimum Wage for Most of the NYC Metro Area Became Law in New York April 4th
•California On Its Way to $15.00 Minimum Wage
•Significant Changes to Employer Obligations in California Effective April 1st
•Privacy Shield Takes Another Step Forward
•Amended Regulations for NYC Earned Sick Time Act Imposing New Recordkeeping and Policy Mandates Become Effective March 4
•“Privacy Shield” is Proposed to Replace Invalidated U.S. - EU Safe Harbor Agreement and Keep Data from Europe Flowing
•U.S. Department of Labor Announces Proposed Revision to Rule on Overtime Exemptions; Exempt Salary Threshold to More than Double; No Immediate Action Needed
•Obamacare Survives Second Supreme Court Challenge
•Countdown to July 3 for San Francisco Retailers to Modify Flexible Scheduling Practices
•U.S. Supreme Court Unanimously Rules that Courts Have a Narrow Scope to Review Whether the EEOC Complied with Its Statutory Duty to Conciliate Before Filing Suit
•New York City Council Votes to Limit Credit Checks by Employers
•NY Attorney General’s Office Begins Campaign Against Scheduling Practices of Large Retailers
•En Banc 6th Circuit Returns to Practicality, Finding Regular and Predictable Attendance to be Essential Function of Position
•SDNY Judge Refuses to Approve Overbroad Use of Social Media to Notify Members of Opt-in Class of Action
•Employer Error in Advising Employee of Eligibility for FMLA Leave Can Have Enduring Consequences
•SDNY Judge Permits Use of Social Media to Notify Potential Opt-In Plaintiffs of Conditionally Certified Collective Action by Unpaid Interns
•NLRB Holds Employees May Use Employer Email for Union Organizing and Other Non-Business Purposes
•Voters in 4 States Elect to Raise Minimum Wage January 1, 2015
•NYC Dep’t of Consumer Affairs Updates FAQs about Paid Sick Leave Law
•Federal Court Dismisses Complaint Against EEOC for Unauthorized Use of Employer’s E-Mail System
•EEOC Challenge to CVS Severance Agreement Dismissed Due to Agency’s Failure to Engage in Conciliation
•Senate Finance Committee Considering Measure to Largely Repeal IRC Section 530 Safe Harbor for Most Businesses Using Independent Contractors
•Super Lawyers Recognizes Many Schnader Attorneys in 2014
•Supreme Court Deals NLRB and Administration Another Legal Setback
•California Supreme Court Submits to Federal Preemption, Holds Class Action Waivers Enforceable in Employment Cases - But Not in PAGA Claims
•Good News/Bad News/Good News Again for CEOs
•By May 30, NYC Employers Must Provide Notice of Rights to All Employees Under Pregnant Workers Fairness Act
•Refusing to Defer to Business Judgment that Workplace Attendance was Essential to Job, Sixth Circuit Panel Defers to EEOC Over Telecommuting as a Reasonable Accommodation
•NLRB Zeroes In on Rules Forbidding Personal Use of Company Email
•Appellate Court Affirms Dismissal of EEOC Challenge to Credit Checks
•Connecticut Wins Race to Raise Minimum Wage to $10.10 Per Hour
•White House kicks off new campaign against overtime exemptions
•NYC Earned Sick Leave Law expanded just before April 1 effective date
•Protecting Your US Business From Unfair Competition by Former Employees Requires Timely and Prudent Action
•NLRB Revives “Election Reform” Rulemaking
•NJ Employers Must Post and Distribute Gender Equity Notice Beginning January 6, 2014
•First Circuit Affirms $105,000 Attorneys’ Fee Award in Age Bias Case after Jury Awards only $7,650 in Damages
•Fourteen States to Hike Minimum Wage in 2014
•New York Becomes 16th State to Join DOL Misclassification Initiative
•EEOC Asserts Right to Blast E-Mail Entire Workforce at Work and at Home
•CA Supreme Court Narrowly Construes SCOTUS Concepcion Ruling Limiting Authority to Void Mandatory Arbitration Agreements as Unconscionable
•Employers Should Proceed with Caution in Using Payroll Cards
•Department of Labor Publishes Benefits Guidance on Definitions of Spouse and Marriage
•Super Lawyers Recognizes Many Schnader Attorneys in 2013
•FAQ: Making Wage Deductions to Recover Inadvertent Overpayment of Wages and Repayment of Advances to Employees
•EEOC Position on Criminal Background Checks Rejected Again
•Connecticut Toughens Law Granting Access to Personnel Files
•Rhode Island Joins the ‘Ban the Box’ Movement
•DC Circuit Finds DOL’s Unilateral Reversal of Prior Published Enforcement Position Exceeded its Authority; Public Notice and Comment was Required
•EEOC Begins Enforcing 2012 Criminal Background Check Guidance
•NYC Mandatory Paid Sick Leave Law Enacted Over Bloomberg Veto
•NLRB Notice Posting Rule Invalidated by Fourth Circuit
•PA Supreme Court Finds Non-Compete Ancillary to Commencement of Employment is Enforceable Even Though Not Mentioned in Offer Letter
•NYC Mayor Vetoes Paid Sick Leave Law
•Supreme Court to Decide if DOL Review Board Properly Expanded SOX Whistleblower Protection to Public Company Contractor Employees
•Mandatory Paid Sick Leave is Coming to NYC
•NYC Council Overwhelmingly Passes Mandatory Paid Sick Leave Law
•Small Business Owners: Can a Fellow Owner Sue Your Business Claiming Employment Discrimination?
•Whistleblower Guidance from NJ Appellate Court May Help Employers Keep More CEPA Claims from Reaching a Jury
•New York State Minimum Wage to Increase Beginning in 2014
•Third Circuit Defers to DOL and Adopts ARB’s New and Expansive Definition of Protected Activity under SOX
•“When Blowing the Whistle Loses Protection”
•Supreme Court Closes CAFA Federal Court Evasion Loophole; Employers Likely to Benefit
•New York City Council Passes Law Prohibiting Discrimination Against Unemployed, Overriding Mayor’s Veto
•President Obama Nominates DOJ AAG Perez as Secretary of Labor
•Employers Directed to Use New Form I-9 Verifying Work Eligibility by May 7
•USCIS Directs Employers to Use Updated Work Eligibility I-9 by May 7
•Proposed Minnesota Legislation to Prohibit Most Non-Compete Covenants
•Third Circuit Applies Employee-Friendly Burden Shifting Test to FRSA Whistleblower Retaliation Claim
•OFCCP Directive Warns Against Blanket Criminal Record Exclusions for Applicants
•Wage and Hour Division Unveils Plans to Survey Workers’ Knowledge of Their Classification as Employees or Independent Contractors; May Signal Plan to Reactivate “Right to Know” Rulemaking
•Bill to Further Punish Wage & Hour Violators Introduced in New York Assembly
•13 Labor & Employment Resolutions for 2013, Part 2
•13 Labor & Employment Resolutions for 2013, Part 1
•Secretary of Labor Solis Resigns
•Schnader Harrison Segal & Lewis LLP Presents Your 13 Labor & Employment Resolutions for 2013
•Ten States Increasing Minimum Wage in 2013
•Who Is A “Supervisor” Under Title VII and Why You Should Care
•SchnaderWorks.com - A Labor and Employment Law Blog
•SEC Report Confirms Substantial Dodd-Frank Whistle-blowing Activity, Illustrating Need for Employers to be Proactive - and Careful
•Employers Must Provide Updated FCRA Notice by January 1, 2013
•Welcome!
•Cleaning Up from Hurricane Sandy: Important Employment Issues
•Update on New Jersey Gender Inequity Notice
•New York Eases Rules on Deductions from Employee Wages
•Another Mandatory Notice for New Jersey Employers Effective November 21, 2012
•“Asking Specific Reason for Absence Risks ADA Violation”
•Super Lawyers Recognizes Many Schnader Attorneys in 2012
•Pennsylvania Public Works Contractors and Subcontractors Must Use E-Verify
•Fair Credit Reporting Act Is Applied to Data Broker Selling Personal Information Gleaned from Social Media for Employment Screening
•“OSHA Moves Closer to Proposing Rule Requiring All Covered Employees to Create, Implement, and Enforce Injury and Illness Prevention Programs”
•New York Appellate Division, First Department: Not Every Plaintiff Asserting a Discrimination Claim Under the New York City Human Rights Law Will Be Entitled to Reach a Jury
•The Third Circuit Expands the Test Applied to Determine a Joint Employer Under the FLSA
•Update: U.S. Department of Labor Increases Pressure to Reclassify Independent Contractor Workers
•“Non-Compete Laws: Duration and Geographic Restrictions - New York”
•“Non-Compete Laws: Duration and Geographic Restrictions - California”
•Appellate Court Opens the Door to Harassment Claims by Employees Incorrectly Perceived as Belonging to a Protected Class
•EEOC Creates Additional Hurdles to Use of Criminal Background Checks by Employers
•South Carolina District Court Strikes Down NLRB Posting Rule, Leading DC Circuit to Enjoin Its Enforcement Pending Appeals
•NLRB Notice Must Be Posted by Virtually All Employers by April 30
•Asking Specific Reason for Absence Risks ADA Violation
•OSHA Moves Closer to Proposing Rule Requiring All Covered Employers to Create, Implement and Enforce Injury & Illness Prevention Programs
•“Mini-WARN Acts: New York”
•Schnader Harrison Segal & Lewis LLP Presents Your 12 Labor & Employment Resolutions for 2012
•Make Your First New Year’s Resolution: Take a Look at Your Independent Contractor Relationships
•“Non-Compete Laws: A State by State Guide - California”
•Affordable Care Act “Summary of Benefits” Mandate Delayed by Federal Agencies
•“Non-Compete Laws: A State by State Guide - New York”
•NJ Accidentally Eliminates “Inside Sales” Exemption - NJDOL is Now Working to Restore this Exemption
•California Governor Signs S.B. 459, Dramatically Increasing Penalties for Misclassifying Employees as Independent Contractors
•Three New Programs to Encourage Worker Reclassification Unveiled
•Assault on Independent Contractor Misclassification Continues: California Legislature Passes and Sends Aggressive New Legislation to Governor Brown for Signature
•Sixty-Eight Schnader Attorneys Rated AV Preeminent by Martindale-Hubbell
•Senate Bill Proposes to End Misclassification of Independent Contractors
•New York Employers’ Quarterly Wage and New Hire Reporting Requirements Expanded by Child Support Legislation
•Connecticut Mandates Paid Sick Leave and Bars Pre-Employment Credit Checks
•Labor Board Walks Where Congress Fears to Tread
•“Employment Claims in Release Agreements: California”
•“Employment Claims in Release Agreements: New York”
•Super Lawyers Recognizes Many Schnader Attorneys in 2011
•“Background Check Laws: Pennsylvania”
•How to Avoid “Cat’s Paw” Discrimination Claims - How Subordinate Bias Can Taint an Otherwise Non-Discriminatory Employment Decision
•The Comment Period for New “Reasonable Break Time” Requirements for Nursing Mothers is Quickly Coming to a Close - Employers Should Decide Now Whether to Offer Comment
•“Background Check Laws: District of Columbia”
•“Non-Compete Laws: New York”
•“Leave Laws: District of Columbia”
•“Non-Compete Laws: District of Columbia”
•New York Acts Against “Wage Thieves,” Multiplies Paperwork for All
•It’s Now or Never: What Employers Need to Do Now to Comply with the New Healthcare Laws
•Massachusetts Bans Criminal History Questions from Most Employment Applications
•Getting Ready for Summer - Employment and Tax Law Guidelines for Hiring Interns
•Getting Ready for Summer - Employment and Tax Law Guidelines for Hiring Interns
•Labor & Employment Alert: New York City Human Rights Law Does Not Permit Faragher-Ellerth Defense
•Labor & Employment Alert: New Tax Incentives for Hiring Unemployed Workers
•OSHA Rules Change to Hazard Communication Standard
•New Jersey Supreme Court Opens the Door to Employee Retaliation Lawsuits Based Upon Post-Employment Employer Conduct
•Congress Extends COBRA Subsidy
•Super Lawyers Recognizes Many Schnader Attorneys in 2010
•Seven Schnader Attorneys Honored as 2009 New York Super Lawyers
•U.S. Supreme Court Finds “Reverse” Racial Discrimination Claim Has Merit; Scales Back Use of Racial Preferences
•Protecting America’s Workers Act is Reintroduced in House of Representatives
•U.S. Supreme Court Holds Collective Bargaining Agreement Clause Enforceable
•USDOL Publishes New Model COBRA Notices
•COBRA and the Economic Stimulus Act: What Every Employer Needs to Know
•Increased Wage & Hour and OSHA Activity Under Obama Administration Anticipated
•Flexing Its Muscles - Politically Realigned Congress Approves Bill That Reverses Supreme Court’s Controversial Ledbetter Decision
•Department of Labor Releases Revisions to Family Medical Leave Act Regulations
•Expanding Whistleblower Protections to Employees in Consumer Products Industries
•Congress Passes Bill to Broaden the Scope of the Americans With Disabilities Act
•“Judges Panel Makes Case for More Diversity”
•Connecticut Enacts Bold New Data Privacy Law
•New York Court of Appeals Outlines Protections Afforded to Executives Under the New York Labor Law
•Recent U.S. Supreme Court Decision in ERISA Case Opens Door for Increased Lawsuits
•Your Independent Contractor Could Be an Employee Under New Jersey Law
•Department of Homeland Security Issues New Rules on ‘No-Match’ Letters
•Are Your Policies in Compliance With New Jersey’s Civil Union Law?
•New York Employers Have Absolute Immunity From Defamation for Statements in Forms U-5
•Employment Discrimination Case Requires Justification for Job Qualifications
•Just What the Doctor Ordered? San Francisco’s New Mandatory Paid Sick Leave
•Court Invalidates Waivers of FMLA Claim in Severance Agreement
•New NLRB Guidance on Determining Who is a Supervisor
•Beware - Informal Severance Policies Could Be Binding ERISA Plans
•Thirty-Five Schnader Attorneys Are 2006 Super Lawyers
•Supreme Court Broadens Definition of Retaliation
•Two Schnader Attorneys Honored As New York Super Lawyers
•New York Enacts Disclosure of Personal Records Law
•California Supreme Court Broadens Right to Payment of Wages Upon Termination
•“The U.S. Age Discrimination in Employment Act: FAQs”
•E-Commerce Alert
•“International Data Transfers”
•International Alert - Data Protection Alert
•International Alert - Data Protection Alert
•Scott J. Wenner Comments on Increase in ‘Sex-Plus’ Gender Bias Lawsuits
•Schnader Welcomes Employment Law Partner in New York

Related Events

•Chris Carty and Scott Wenner Presented on Trends in Sexual Harassment and Discrimination Claims
•Scott Wenner Moderated NYU Employment Law Session
•Schnader Hosts T.E.R.M.S III NYC - Employment Risk Management Salon
•Scott Wenner Presented at U.S. Department of Labor
•Schnader Hosts T.E.R.M.S NYC - The 2nd Employment Risk Management Salon
•Schnader Hosts T.E.R.M.S NYC - The Employment Risk Management Salon
•Scott Wenner Presented at the NYU 67th Annual Conference on Labor Law
•Scott Wenner Moderated “Litigation and Settlement of FSLA Claims” Panel at NYU’s 66th Annual Conference on Labor
•Scott Wenner Presented Webinar on Retaliation Claims: Understanding and Addressing the Risk to Employers
•Schnader’s San Francisco Office Presented: What’s on the Horizon for Employers - The 2011-2012 Regulatory Storm and How to Prepare for It
•Schnader’s New York Office Presented: What’s on the Horizon for Employers - The 2011-2012 Regulatory Storm and How to Prepare for It
•Schnader Presented: What’s on the Horizon for Employers - The 2011-2012 Regulatory Storm and How to Prepare for It
•Speaking Engagement: Scott Wenner Discusses Disability Discrimination in the Legal Profession
•Sex and Racial Discrimination: Cutting-Edge Developments
•International Bar Association (IBA) Conference
•Effective Direct; Introducing Documentary Evidence; and Evidentiary Objections
•Employment Issues That Cross Borders
•Workshop on Employment Law for Federal Judges
•NYU’s 58th Annual Conference on Labor
•Mr. Wenner has also been a presenter at NYU Law’s annual Workshop for Mediators and its annual Labor Law Conference.
•Employment Issues in Today’s Global Context