Todd K. Boyer

Todd Boyer has represented established high-technology companies, and start-ups, retailers, and manufacturers in litigation, arbitration, and mediation. He also advises employers to ensure compliance with federal and state labor regulations, including compliance with employee leave and wage and hour laws, and reductions in force under both Federal and State WARN Acts.

Todd focuses on employment litigation, counseling, and compliance under US Federal and State laws and regulations. He has extensive experience litigating and counseling on wage and hour matters, employee classification, joint employment relationships, claims of wrongful termination, harassment, retaliation, and failure to accommodate under Title VII, the California Fair Employment and Housing Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Uniformed Services Employment and Reemployment Rights, and the California Family Rights Act. Todd represents employers in California and Nevada State and federal courts, and before the California Labor Commissioner and California Employment Development Department.

Todd has significant experience obtaining civil harassment and workplace violence restraining orders. Todd also has significant experience in electronic discovery, including working with corporate counsel to ensure proper data retention, drafting appropriate terms to search data collections, managing large data reviews and productions, as well as aggressively litigating potential spoliation issues related to an opponent’s electronic discovery.

Representative Matters:

Senior member of defense trial team in wage and hour class action brought by a class of 17,000 non-exempt employees alleging meal and rest period violations under California law.

Senior member of defense litigation team in a wage and hour class action seeking unpaid wages for time spent going through security screenings. Summary judgment obtained against the entire class and in favor of the client. 

Successfully enforced arbitration agreement in California putative class action resulting in dismissal of class allegations.

Successfully defended putative class action alleging misclassification of employees, precluding class certification.

Defeated class certification in the U.S. District Court for the Northern District of California of a putative class of truck drivers alleging violations of California’s meal and rest period laws.

Obtained dismissal of Dodd-Frank and Sarbanes-Oxley whistleblower claim on behalf of client.

Led team on global pay equity audit involving 20 jurisdictions.

Successfully prosecuted trade secret theft action against client’s former officer for trade secret theft.

Admissions:

California (1999)

Nevada (2002)

U.S. Court of Appeals, Ninth Circuit

U.S. District Court, Central District of California

U.S. District Court, Eastern District of California

U.S. District Court, Northern District of California

U.S. District Court, District of Nevada

Military Service:

Todd is a retired U.S. Air Force Lieutenant Colonel, having served a combined 20 years on active duty in the U.S. Navy and in the U.S. Air Force Reserve. On active duty, he served as the top lawyer for the U.S. Navy’s Top Gun facility. 

Upon his commissioning as a Captain in the U.S. Air Force Reserve in 2004, Todd rose from Assistant Staff Judge Advocate to Staff Judge Advocate for the 349thAir Mobility Wing at Travis Air Force Base in Northern California.  As Staff Judge Advocate, Todd was the chief legal advisor for the 349th’s Command, the largest wing in the Air Force Reserve, with over 3,400 servicemembers. 

His final assignment in the U.S. Air Force was as the Deputy Staff Judge Advocate for 4th Air Force, where he was responsible for providing legal advice to the 4th Air Force Commander, who was responsible for 16,000 Air Force Reserve personnel in both the United States and Asia Pacific.

Education:

Santa Clara University School of Law (J.D.) (1999)

Santa Clara University (B.S.C.) (1996)

Professional Associations & Memberships

State Bar of California - Labor and Employment Law Section, Member

American Bar Association - Employment Section

Santa Clara County Bar Association

Publications

Reinstatement Rights and Obligations, The Uniformed Services Employment and Reemployment Rights Act, Section of Labor and Employment Law - American Bar Association and Bloomberg BNA, Chapter 6, 2009