Shaye Schrick

Partner

Assistant:
Tallulah Bajar
tbajar@delfinomadden.com
916.661.5819

Practice Areas

Employers look to Shaye Schrick for strategic representation in lawsuits filed by current and former employees and for guidance in complying with state and federal employment laws.

With her experience as lead counsel in multiple jury trials, 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 impact on operations. At the same time, Shaye ensures employer practices and policies evolve with the changing climate of California employment laws.

Shaye has successfully prevailed in multiple trials and arbitrations, 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 law 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 King Hall School of Law and the University of the Pacific McGeorge School of Law.

Shaye is also involved in legal and nonprofit organizations in the area, and previously spent a year teaching English to school children in Spain. Shaye has been recognized by Super Lawyers as both a Rising Star (2012-2017) and Super Lawyer (2018-Present), as well as in the Sacramento Business Journal’s Best of the Bar and Sacramento Magazine’s List of Top Lawyers. When Shaye is not working, she and her husband enjoy practicing the Spanish language and traveling.

Representative Experience

Obtained a defense verdict in a multi-week jury trial alleging 14 causes of action, including disability discrimination, failure to reasonably accommodate, failure to engage in the interactive process, race discrimination, failure to provide meal and rest periods, failure to pay overtime, failure to pay final wages at termination, violation of the Kin Care law, invasion of privacy, and wrongful termination in violation of public policy.
Obtained a defense verdict in a multi-week jury trial alleging race discrimination and failure to prevent discrimination, which involved a long-term employee.
Successfully tried de novo action in superior court challenging Employment Development Department’s assessment regarding independent contractor vs. employee classification. Trial extended over a period of weeks and included both pre-and post-trial briefing, ultimately resulting in a verdict against the Employment Development Department.
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 multiple lawsuits alleging harassment, discrimination, retaliation, reasonable accommodation and failure to engage in the interactive process, and wage and hour violations. In each case, where summary judgment was challenged on appeal, successfully opposed appeals in both state and federal courts.
Successfully litigated multiple class actions, involving allegations ranging from wage and hour violations to discrimination.
Successfully defended wage and hour claims during extensive administrative hearing in which the employee alleged she was improperly classified as exempt from payment of overtime wages.
Advised clients on various employment-related issues—e.g., wage and hour, reasonable accommodation, leaves of absence, termination, and changing laws regarding a variety of matters, most-recently COVID-19 and the interplay of local, state, and federal laws and regulations—to mitigate the risk of litigation and/or administrative action.

Professional Affiliations

Professional, Community and Pro Bono Involvement

Board Member, Northern California Employment Roundtable, 2019 – present
Sacramento Regional Council Member, Make-A-Wish Northeastern California and Northern Nevada, 2015 – 2020
Board Member, Powerhouse Science Center, 2013 – 2014
Mentor, McClatchy Law Academy, 2013 – 2014
Member, Sacramento Area Human Resources Association Legal and Legislative Committee, 2005 – 2014
MetroEdge Founding Member, Sacramento Metropolitan Chamber of Commerce
Coach, Natomas High School Mock Trial Team, 2009 – 2010
Associate, Milton L. Schwartz/David F. Levi American Inn of Court, 2006 – 2009
Member, Sacramento County Bar Association, Labor and Employment Law Section, 2005 – present

Honors and Rankings

Super Lawyers
- Super Lawyer, 2018 – present
- Rising Stars, 2012 – 2017
Sacramento Magazine’s List of Top Lawyers, 2020, 2021
Sacramento Business Journal Best of the Bar, 2019

Teaching Experience and Judicial Externship Experience

Adjunct Professor (Employment Law), University of the Pacific McGeorge School of Law, 2010, 2011
Adjunct Professor (Legal Writing), University of California at Davis King Hall 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 and Publications

Speaking Engagements/Events

Over the years, Shaye has prepared and presented dozens of seminars on various employment-related topics for Lorman Education Services, the California Employers Advisory Council, Sacramento Area Human Resources Association, and other regional organizations and employers. Some of the topics have included:

California Employment Law from A to Z
Internal Investigations: Who, What, When and Why?
Independent Contractors and Employees: Potential Risks and Opportunities
Wage and Hour Compliance
California’s Sick Leave Law
Accommodating Workers: An Employer’s Obligations
Rules and Regulations in a Pandemic, including H1N1 and COVID-19
Handling Reductions in Force During Difficult Economic Times
Responding to Agency Charges
A Human Resources Tool Box for Managers and Supervisors
Dealing with Chronically-Absent Employees
Statutory Pitfalls from Alcohol Rehab to USERRA and Everything in Between
Annual Legal and Legislative Review/Updates

Shaye also provides annual and bi-annual sexual harassment training for clients, in addition to training on other topics requested by employers.

Publications

2020
Key COVID-19 Points for Employers to Keep in Mind in 2021
Daily Journal
Author

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

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

2006
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
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
Author