Los Angeles:
400 South Hope Street
Los Angeles, CA 90071
Phone+1-213-430-6060
Fax+1-213-430-6407

 

Scott H. Dunham

Of Counsel


Scott Dunham is Of Counsel in O'Melveny's Los Angeles office and practices labor and employment law. He has for more than 35 years represented employers in all aspects of the law, including: employee allegations of wrongful discharge and discrimination based on age, race, sex, national origin, religion, sexual orientation, physical and mental disability; negotiations; arbitrations; and matters arising under the National Labor Relations Act. Scott also leads our representation of employers in workers’ safety and health matters, ranging from single citations to criminal prosecutions. Scott is nationally known for his expertise in federal and state safety and labor and employment law issues.

Scott has been named among the United States' 50 Most Powerful Employment Attorneys and 100 Most Powerful Corporate Employment Attorneys by Human Resources Executive magazine. The rankings were prepared by Lawdragon exclusively for the magazine. Scott is repeatedly named a Southern California "Super Lawyer" in a survey conducted by Law & Politics Media Inc. and published in Los Angeles magazine and the Southern California edition of Super Lawyers. He is also selected as one of California's leading lawyers in the area of Management Labour & Employment by Who's Who Legal, the International Who’s Who of Business Lawyers, and Who’s Who: California, and Expert Guides’ Guide to the World’s Leading Labour & Employment Lawyers. He is also ranked as a leading lawyer by Chambers USA.

Some of the labor and employment law clients for whom he provides advice or has provided advice include: The Hershey Company; Marriott International, Inc.; Southern California Edison Company; ConocoPhillips Company; AIG Retirement Services, Inc.; Amgen Inc.; California Institute of Technology; The DIRECTV Group, Inc.; Golden State Foods Corporation; In-N-Out Burger, Inc.; Merle Norman Cosmetics, Inc.; Northrop Grumman Corporation; Time Warner Entertainment Company, L.P.; Trader Joe’s Company; Unified Grocers, Inc.; Univision Communications, Inc.; American Airlines Group; and Vulcan Materials Company.

Illustrative Professional Experience

  • Represented Amgen Inc. in one of the first cases filed under the Labor Code Private Attorneys General Act of 2004 (PAGA). The Court granted various motions to strike and summary judgment for Amgen Inc.
  • Represented Sony Pictures Entertainment Inc. in alleged pregnancy discrimination/wrongful discharge case. The Court granted summary judgment for Sony Pictures (affirmed on appeal, Trop v. Sony Pictures Entertainment Inc., 129 Cal. App. 4th 1133 (2005))
  • Represented Time Warner Entertainment Company, L.P. and related entities in a purported class action by television writers alleging age discrimination in the television industry
  • Represented Tosco Refining Company (now part of ConocoPhillips) in largest civil penalty proceeding brought by the California Division of Occupational Safety and Health, arising from an explosion and fire in Martinez, California, which claimed the lives of four workers
  • Represented Tosco Refining Company in criminal proceedings arising out of the same accident
  • Represented U.S. Borax Inc., an international mining operation, in defense of wrongful termination and numerous related claims resulting in dismissal and award of attorneys’ fees for U.S. Borax Inc. of US$200,000
  • Represented Nabisco, Inc. in a federal class action brought on behalf of a class of female seasonal production workers, as well as a class of female nonseasonal production workers, alleging sex discrimination by denying the female production workers access to the restroom on a basis equivalent to that provided to similarly situated male production workers
  • Represented The Garrett Corporation, an aerospace company (now part of Honeywell/AlliedSignal), at the trial of a class action on behalf of former employees seeking approximately US$20 million in enhanced pension benefits
  • Represented Alyeska Pipeline Service Company in a class action on behalf of emergency medical technicians who claimed they were “nonexempt” employees and, therefore, entitled to overtime for being on call 24 hours per day in construction project camps
  • Represented Morton International, Inc. (along with two supervisors) in a criminal prosecution arising from a fatality in a salt facility. The case was successfully tried to a jury on charges of manslaughter and eight other safety-based criminal charges
  • Represented Brown & Root, Inc., a construction firm, in compelling arbitration of a wrongful termination action pursuant to the Company’s four-step Dispute Resolution Program designed to resolve “all employee disputes.” (Craig v. Brown & Root, Inc., 84 Cal. App. 4th 416 (2000))
  • Represented U.S. Airways, Inc. in occupational safety and health matters arising nationwide

Professional Activities

Admitted, California
Admitted to Practice, US District Court, Central, Northern, Southern, and Eastern Districts of California; US Supreme Court
Member, American Bar Association, Labor and Employment Law Section Committee on Occupational Safety and Health Law; Los Angeles County Bar Association; The International Who’s Who of Business Lawyers; The International Who's Who of Management Labour & Employment Lawyers; Expert Guides' Leading Lawyers for Labor and Employment
Fellow, College of Labor and Employment Lawyers
Management Co-Chair, ABA Labor and Employment Law Section Occupational Safety and Health Law Committee (2004-2007)
Chair, O’Melveny & Myers LLP, Labor & Employment Law Practice Group (2005-2008)
Chair, O’Melveny & Myers LLP, Legal Ethics and Conflict Resolution Committee (1995-present)
Author, "Evolution and Application of the Faithless Servant Doctrine," Bloomberg Law Reports (March 15, 2010, co-authored with Christopher Adams); “California Adopts First-in-Nation Airborne Disease Standards,” Employment Law360 (August 24, 2009, co-authored with Alexandra Thaler); "Swine Flu Pandemic: Issues For Employers," Employment Law360 (May 4, 2009, co-authored with Jeffrey Kohn and Elyse Meyers); “Avoiding and Defending Wrongful Discharge Claims,” West (1987, with annual updates); “Designing An Effective Fair Hiring and Termination Compliance Program,” West (1992, with annual updates); Chapter 17, “Criminal Prosecutions for Occupational Safety and Health Conditions,” California Criminal Law, West (1995)
Contributing Author, “Occupational Safety & Health Law,” BNA (2d ed. 2002)
Associate Editor, “Occupational Safety & Health Law,” BNA (2d ed. 2004 Supplement)
Chief Conflicts Counsel, O’Melveny & Myers LLP (2008-present)
Co-Editor, “Occupational Safety & Health Law,” BNA (2d ed. 2008 Supplement)
Teacher and Lecturer, California Business Law Institute; ABA National Institute; Personnel and Industrial Relations Association; Institute for Applied Management and Law, Inc.; California Continuing Education of the Bar; numerous employer associations and educational organizations; numerous client training programs
Labor and Employment Counsel, O’Melveny & Myers LLP (1980-present)
Claims Counsel, O’Melveny & Myers LLP (2005-present)

University of Washington, J.D., 1975: Order of the Coif; Editor-in-Chief, Washington Law Review

Washington State University, B.A., 1972: with highest honors; Phi Beta Kappa


California