Shaye Schrick

Partner—Employment Law

Employers look to Shaye Schrick for guidance in complying with state and federal employment laws, creation of personnel policies, preparation of employment/independent contractor and severance agreements, and strategic representation in lawsuits filed by current and former employees.

Shaye understands the needs of her clients and the impact civil litigation has on a business’s operations. Working closely with employers, Shaye crafts both short and long-term litigation strategies that efficiently optimize success while minimizing the temporal and financial impact on business.

Shaye has successfully prevailed in arbitration, trial, and countless dispositive motions and appeals in cases involving allegations of harassment, discrimination, retaliation, failure to reasonably accommodate/engage in the interactive process, wage and hour violations, breach of contract and wrongful termination in violation of public policy, among other employment-related claims. Additionally, Shaye has extensive experience defending employment class actions and representative lawsuits in both federal and state courts.

Having received both her undergraduate and graduate degrees from the University of California at Davis, Shaye has a strong dedication to the Sacramento region. She provides training to employers and human resources professionals throughout the region, and has taught law courses at both the University of California at Davis and the University of the Pacific McGeorge School of Law.

Shaye is also involved in numerous legal and nonprofit organizations in the area, and previously spent a school year teaching English to school children in Spain.  Each year since 2012, Super Lawyers has recognized Shaye as a Northern California Rising Star.  When Shaye is not working, she and her husband enjoy practicing the Spanish language and traveling.

shaye-1090-crop
 sschrick@delfinomadden.com
 916.661.5686

Assistant: Rebekah Flores
 rflores@delfinomadden.com
 916.661.5692

Representative Experience

  • Successfully defeated class certification in wage and hour case for large regional retailer.
  • Obtained a defense verdict in a race discrimination and failure to prevent discrimination lawsuit involving a long-term employee.  Questioned and cross-examined witnesses and presented evidence and case law to a state court judge and jury.  Obtained a directed verdict on the punitive damages claim and a jury verdict on the underlying causes of action.
  • Defeated disability discrimination/failure to accommodate action in arbitration before retired federal judge by demonstrating that the employer’s actions were based on business needs, not the employee’s disability status.
  • Prevailed on summary judgment in lawsuit alleging disability discrimination, reasonable accommodation and failure to engage in the interactive process.  Successfully opposed appeal to the Court of Appeals.
  • Prevailed on summary judgment in a case involving two nurses who alleged they were terminated for voicing patient-care complaints to state agencies responsible for monitoring the healthcare facilities where they worked.  Successfully opposed motion for new trial filed by the nurses.
  • Prevailed on summary judgment in a breach of contract case filed by an employee who alleged past employment practices created an implied-in-fact agreement not to terminate absent certain procedures.  Successfully opposed employee’s motion for new trial and appeal to the Court of Appeals.
  • Prevailed on summary judgment in a race discrimination case filed by two former employees who alleged ongoing racial bias during their employment.  Successfully defended company and individual supervisors.
  • Successfully defended wage and hour claim during day-long administrative hearing in which the employee alleged she was improperly classified as exempt from payment of overtime wages.  Examined witnesses and presented testimony to hearing officer, who ruled in client’s favor.
  • Successfully defended meal and rest period claims in administrative hearings filed by two employees who contended they were improperly denied off-duty meal periods.  Presented evidence and utilized rarely-used provisions of the Wage Orders to establish the valid existence of limited exceptions to the requirement that employers provide off-duty meal periods.
  • Successfully opposed wrongful termination claim premised on conduct protected by the National Labor Relations Act by arguing that the claim was preempted by federal law and that the statute of limitations had expired on the federal claim.
  • Successfully opposed defamation claim by demonstrating the existence of the “common interest” privilege when communicating between individuals with a common interest in the information provided.

Professional Affiliations

Professional, Community And Pro Bono Involvement

  • Sacramento Regional Council Member, Make-A-Wish Northeastern California and Northern Nevada (2015-present)
  • Board Member, Powerhouse Science Center (2013-2014)
  • Mentor, McClatchy Law Academy (2013-2014)
  • Staff Editor, Sacramento Lawyer Magazine (2013-2014)
  • Member, Sacramento Area Human Resources Association Legal and Legislative Committee (2005-present)
  • MetroEdge Founding Member, Sacramento Metropolitan Chamber of Commerce (2009-2015)
  • Member, Sacramento County Bar Association, Labor and Employment Law Section (2005-present)
  • Coach,  Natomas High School Mock Trial Team (2009-2010)
  • Associate, Milton L. Schwartz/David F. Levi American Inn of Court (2006-2009)

Honors And Rankings

  • Super Lawyers, Northern California Rising Stars (2012, 2013, 2014, 2015, 2016)
  • Adjunct Professor (Employment Law), University of the Pacific McGeorge School of Law (2010, 2011)
  • Adjunct Professor (Legal Writing), University of California at Davis School of Law (2007)
  • Judicial Extern, Honorable Frank C. Damrell, Jr., United States District Court for the Eastern
  • District of California (2004)

Education

J.D., University of California at Davis School of Law, 2005
B.S., University of California at Davis, 2000
Study Abroad, Universidad del Pais Vasco, San Sebastian, Spain, 1998

Bar Admissions
California, 2005

Court Admissions
United States District Court Eastern District of California
United States District Court Northern District of California
United States District Court Central District of California
United States Court of Appeals Ninth Circuit

News & Publications

Speaking Engagements / Events

Continuous

Sexual Harassment Training (AB 1825)

 

2016

Annual Employment Law Seminar, Delfino Madden O’Malley Coyle  Koewler, Co-Presenter

2015

It’s Not Me . . . It’s You: Workplace Harassment and Discrimination in the Legal Profession, Sacramento County Law Libriary, Co-Presenter

2007, 2008, 2009, 2010, 2012, 2013, 2014

Annual Employment Law Seminar, Downey Brand, Co-Presenter

2014

The Dos and Don’ts of Employee Handbooks, Sacramento Area Human Resources Association, Co-Presenter

2013

As the NLRB Turns: Recent NLRB Decisions and How They Impact Employers,  Sacramento Area Human Resources Association, Co-Presenter

2012

Leave Laws: The Statutory Land Mine — From Alcohol Rehab to USERRA and Everything in Between, California Employers Advisory Council, Presenter

2011

Internal Investigations: Who, What, When and Why?, California Employers Advisory Council, Presenter

Accommodating the Injured Worker: An Employer’s Obligations, Sacramento Area Human Resources Association, Co-Presenter

2011, 2012, 2013

Employment Law from A to Z in California: Wage & Hour Law, Lorman Educational Services, Presenter

2010

Legal and Legislative Review of Employment Law for 2010, Sacramento Area Human Resources Association, Co-Presenter

Keeping Track of Time: A Discussion of Employment Law Exemptions, Sacramento Area Human Resources Association, Co-Presenter

2009

Handling Reductions in Force During Difficult Economic Times, Sacramento Area Human Resources Association, Co-Presenter

2008

Annual Conference: Responding to Agency Charges, Sacramento Area Human Resources Association, Co-Presenter

2007

Navigating the Waters of California Law Regarding Minimum Wage and Overtime Exemptions, Sacramento Area Human Resources Association, Co-Presenter

A Human Resources Tool Box for Managers and Supervisors, Downey Brand Employment Law Seminar, Co-Presenter

2007, 2008, 2010

Employment Law from A to Z in California: The Hiring Process, Lorman Educational Services, Presenter

2006

Employment Law from A to Z: Dealing with Chronically Absent Employees,” Lorman Education Services, Presenter

How to Respond to Agency Charges, Sacramento Area Human Resources Association (Annual Conference), Co-Presenter

To Exempt or Not to Exempt: An Analysis of Minimum Wage and Overtime Exemptions, Sacramento Area Human Resources Association, Co-Presenter

 

Publications

Author, When Every Hour Counts: Employers Grapple with Recent Appellate Court Decisions on Piece Rate Wages, California Association of Winegrape Growers (January 2014)

Author, Working with Independent Contractors: Potential Risk in Misclassifying Workers, Sacramento Area Human Resources Association (April 2007)

Author, Smith v. Superior Court of Los Angeles County: Immediate Payment of Wages When Employees Complete Job Assignments or Time Duration for Which They were Hired, Sacramento Area Human Resources Association (August 2006)

Author, Yanowitz v. L’Oreal USA, Inc.: California Supreme Court Upholds Retaliation Claim for  “Silent” Refusal to Participate in Unlawful Employment Practice, Sacramento Area Human Resources Association (February 2006)