Adam P. KohSweeney focuses his practice on advising and defending employers on compensation-related disputes, with an emphasis on wage and hour class, collective, and representative actions. He has particular experience in the airline and financial services industries, where he handles complex, multi-jurisdictional issues, while maintaining a broader practice that spans a range of sectors, including hospitality and technology.
Adam combines industry knowledge with a strong command of wage and hour law, allowing him to assess risk and provide clear, practical guidance. Clients regularly turn to him for timely answers on compensation and classification issues, relying on his ability to address questions efficiently and in context. Adam also regularly advises and defends employers on a wide range of other employment law issues, including background checks, leave laws, equal employment opportunities, employee separations, and contract disputes.
He has secured wins at both the trial and appellate levels, including arguing the lead California Supreme Court case addressing the application of California employment laws to interstate workforces. In addition to defending litigation, Adam works with clients to structure compensation and other employment practices to reduce risk before disputes arise. He also advises small and nonprofit employers on employment policies and practices.
Recognized by Benchmark Litigation and Legal 500, Adam is valued for his responsiveness, judgment, and ability to handle complex matters efficiently.
- Represents a business process outsourcing company in a series of misclassification cases and arbitrations across the country. Obtained a ruling as a matter of law that the client acted in good faith when classifying its Service Partners as independent contractors. Successfully moved to compel arbitration and enforce a class action waiver in five separate matters in courts across the country. Regularly advises the client on independent contractor misclassification issues and regarding the drafting of arbitration agreements and class action waivers and also represents the client in connection with numerous governmental investigations.
- Represents a major domestic airline in a case challenging, inter alia, the employer’s timekeeping practices for ground employees in California. Defeated class certification on all claims except one, and then obtained summary judgment in client’s favor against the certified class.
- Represents a major domestic airline in a case challenging numerous employment practices with regard to California-based flight attendants. Defeated class certification on all claims.
- Represents a major US airline in a case alleging that the manner in which reserve flight attendants and pilots were compensated violated California law. Prevailed on summary judgment.
- Represented a major US airline in two separate class actions brought by pilots and flight attendants (respectively) who were California residents alleging violations of California labor law. Successfully moved for summary judgment in both cases on the ground that California labor law did not apply to plaintiffs because they worked primarily outside of California. On appeal, the Ninth Circuit referred the case as an issue of first impression to the California Supreme Court. Successfully convinced the California Supreme Court to adopt a work situs test as opposed to the multifactor test advocated by Plaintiffs.
- Represented a major hotel in a case involving allegations that the company's service charge practices in the banquet department violate California's tip statute. Obtained a full defense verdict after a bench trial and successfully defended the verdict on appeal.
- Represented a national financial institution in a putative class action challenging the employer’s meal period policies in connection with exempt employees in California. Obtained a demurrer without leave to amend in the employer’s favor.
- Represented a national financial institution in a putative nationwide class action alleging that the employer failed to properly pay vacation wages to separating employees. Obtained a complete denial of class certification.
- Represented another mainline domestic air carrier in a class action matter alleging meal period and rest break violations as well as off-the-clock work and unpaid overtime. Successfully moved to dismiss the meal and rest claims with prejudice based on Airline Deregulation Act preemption and successfully convinced plaintiffs' counsel to drop their reimbursement claims. Subsequently obtained summary judgment on the overtime claim and decertified the off-the-clock class, and defended the judgment on appeal.
- Represented a financial services company in a nationwide FLSA collective action, with pendent California and New York subclasses, relating to mandatory training for tax preparers. Prevailed on summary judgment after taking over the case from prior counsel, resulting in the dismissal of all claims asserted by a class of over 45,000 individuals. The ruling was affirmed on appeal.
- Have worked with multiple nationwide employers to audit and modernize pay practices to ensure compliance with federal, state, and local laws governing compensation, recordkeeping, and related matters.
- Successfully defended a construction company's decision to terminate a driver who failed a Department of Transportation-mandated random drug test. The representation involved defending against the resulting grievance and successfully appealing part of the arbitrator's decision to federal court.
- Successfully represented a major domestic air carrier in an interest arbitration involving rest facilities for flight attendants on a new international route.
- Represented a regional newspaper publisher and successfully defeated a request for an injunction brought by the National Labor Relations Board under Section 10(j) of the National Labor Relations Act. The Board had requested an injunction to reinstate eight employees who were terminated, allegedly for union organizing activity.
- Worked successfully with a financial services industry organization to obtain a clarifying opinion letter from the US Department of Labor, Wage and Hour Division, regarding the exempt status of certain employees.
- Worked with multiple lobbying firms and brokerage houses to pursue amendments to California's wage deduction and employee indemnification statutes.
- Regularly counsels, advises, and trains employers regarding exempt classification, employee/independent contractor classification, payroll, wage statements, and proper compensation of both exempt and non-exempt workforces. This counseling takes the form of drafting policies, reviewing and drafting compensation plans, training managers, and the like.
Admissions
Bar Admissions
- California
- New York
Court Admissions
- US District Court, Central, Northern, and Southern Districts of California, District of Colorado, Western District of Missouri, Southern District of New York
- US Court of Appeals, Fifth, Ninth, and Eleventh Circuits
Education
- Rutgers University, J.D., 1999: Editor-in-Chief, Rutgers Law Review
- Rutgers University, B.A., English, 1995: with honors; Athenaeum Honors Society
Honors & Awards
- Recognized by Benchmark Litigation as a Labor & Employment Star (2021-2024)
- Recognized by The Legal 500 US for his work in labor and employment disputes (2017-2021, 2024)
- Named to the Daily Journal’s list of Top Labor & Employment Lawyers (2020)
- Named to the National Law Journal’s list of Employment Law Trailblazers (2019)
- Recognized by The Legal 500 US for his work in aviation matters (2019-2020)
- Recognized by The Legal 500 US for his work in labor-management relations (2022)
- Named a Northern California “Rising Star” (2011-2013) and a Southern California “Rising Star” (2006-2008) in an annual survey conducted by Law & Politics Media Inc.
Professional Activities
Clerkships
- Honorable Howard H. Kestin, New Jersey Superior Court, Appellate Division
Presenter
- “Precedents and Predictions: Significant Labor and Employment Law Developments and What to Expect,” O’Melveny (2020, 2025, 2026)
- “Litigating the Donohue Presumption,” Annual California Employment Law Council Conference (2025)
- “Regular Rate of Pay and Other Pitfalls,” California Employment Law Council Summer Meeting (2021)
- “The Latest Developments in Equal Pay/Fair Wage Matters,” ACI’s 29th National Forum on Wage & Hour Claims and Class Actions (2017)
- “Employment Class Actions,” Alameda County Bar Association Labor & Employment Law Section (2016)
- Workplace and Employment Law Update, Employers Group (2008-2015)
- All Hands Meeting, Silicon Valley Association of General Counsel (2014)
- “Trends With Class and Pattern Cases in California,” Practising Law Institute (2013)
- “The Brinker Decision: New Guidance on California’s Meal Period Requirements TeleBriefing,” Law Seminars International (2012)
- Annual Wage & Hour Litigation Conference, Bridgeport (2010 and 2011)
- Nuts & Bolts of the FLSA, ExecSense (2010)
- 37th Annual Institute on Employment Law, Practising Law Institute (2008)
Co-Author
- “Non-Exempt Employee Compensation: Traps for the Unwary,” Bloomberg Labor & Employment Reports (December 2011; co-authored with Apalla Chopra)
- “Strategic Issues Related to Employee Exemption Review,” Bloomberg Labor & Employment Reports (August 2011; co-authored with Apalla Chopra)
- “Courts Split Over Calculating Overtime Damages,” The National Law Journal (January 10, 2011; co-authored with Justin Walker)
- “Spoliation in the Electronic Age,” BNA Books (December 2010, co-authored with Roberta Vespremi and Eric Chan)
- “Hiring? Laying Off? What You Must Know Now,” BusinessWeek (October 2009; co-authored with Framroze Virjee)
Related Practices
Related Industries