Steven Gatley

Partner

Steven.Gatley@lewisbrisbois.com

Steven Gatley is a partner in the Los Angeles and Orange County offices of Lewis Brisbois. He is a Vice Chair of the Labor & Employment Practice and National Chair of the Firm’s OSHA Practice. Mr. Gatley is also the Administrative Partner for the Orange County office.

EMPLOYMENT

Mr. Gatley specializes in employment law exclusively representing employers for almost 25 years. He has extensive experience with employment and labor litigation before state and federal courts, as well as various administrative agencies such as the California Fair Employment and Housing Commission, the United States Equal Opportunity Commission, the California State Labor Commissioner, and the California Unemployment Insurance Appeal Board (EDD). His areas of concentration include wrongful termination, sexual harassment, discrimination and retaliation. Mr. Gatley also represents employers in wage and hour matters including class actions and Private Attorneys General Act (PAGA) cases. Mr. Gatley’s clients include, but are not limited to, corporations, hospitals, health organizations (physicians, hospice, substance abuse treatment centers) small businesses, security firms, non-profit entities, educational institutions, advertising agencies, hotels and the hospitality industry, financial institutions, religious organizations, manufactures, restaurants, construction, automobile dealerships, collision centers, auto parts chains, aviation and airlines, tech companies, apartments and Fortune 100 and 500 companies. 

Mr. Gatley provides consulting in the following areas: Fair Employment and Housing Act; Americans with Disabilities Act; Family and Medical Leave Act; California Family Leave Act; compensation and benefits; wage and hour, prevailing wage; workplace violence; Title VII; Discrimination and Employment Act; privacy and defamation issues; substance abuse and testing; retaliation; whistle-blowing; reduction in force (RIF), Racketeer Influence and Corrupt Organization Act (RICO), the WARN Act and unemployment benefits, including tax and penalty issues.

Mr. Gatley regularly presents employee management training seminars/webinars on a variety on employment-related topics to management and human resource managers. In addition, he develops, reviews and implements employment procedures, policies and agreements, and conducts internal investigations and resolution of claims. He works closely with his clients on key employment issues including at-will employment, employment handbook and policies, arbitration agreements, employee substance abuse, employee privacy and breach of contract. Mr. Gatley also counsels clients regarding terminations and lay-offs.

Mr. Gatley is also a member of Lewis Brisbois’ Korean Business and Litigation Practice and has extensive experience representing a variety of Korean-owned businesses with employment and wage and hour matters.

OSHA HEALTH & SAFETY

Mr. Gatley is the National Chair of the Firm’s OSHA Health & Safety practice group. He specializes in all types of OSHA matters (State and Federal Plans). He assists employers with their interaction with OSHA personnel with on-site visits/inspections/interviews, responding to Notice of Intent to Cite, and appealing citation and fines. Mr. Gatley represents employers at Informal Settlement Conferences and Administrative Hearings. He can provide counseling with implementation of Injury Illness Prevention Programs (IIEP), Aerosol Transmissible Disease (ADT) and Covid-19 Protection Plans (CPP).

  • Mr. Gatley has represented companies throughout the country dealing with state and federal OSHA plans. He has worked with employers in the following industries: Construction, food processing, meat packaging, manufacturing, factories, engineering, clay, silica, flooring, health care, correctional institutions, restaurants, railroad repair facilities, apartment management, law firms, security, educational institutions and trucking.
  • Mr. Gatley has dealt with almost every kind of work-related injuries including death, chemical exposure, seizures, burns, amputations, COVID-19, workplace violence, and fractures. Mr. Gatley has handled the matters dealing with the following: fall hazard, trenching, construction, scaffolding, active shooter, workplace violence, visual safety, COVID-19, toxic exposure, drug testing, general duty clause, OSHA inspections, compliance, recordkeeping/recording, guarding, roofing, toxic exposure, forklift and trucking accidents.

Primary Area(s) of Practice

  • Labor & Employment
  • OSHA Safety & Health
  • Wage & Hour Class Actions
  • Korean Business & Litigation
  • COVID-19: Labor & Employment

Admissions

California

United States District Court, Central District of California

United States District Court, Northern District of California

United States District Court, Southern District of California

United States District Court, Eastern District of California

Ninth Circuit Court of Appeals

United States Supreme Court

Awards & Honors

  • Top Ten Defense Verdict of 2023, Daily Journal —Pastore v. AutoZone
  • Listed in Best Lawyers in America® 2023 & 2024 — Employment Law - Management

Professional Presentations

  • Lewis Brisbois Webinar series-Current Employment Trends-Remote Working, 2023
  • 19th Annual California Coalition on Workers’ Compensation-Crossover Employment & Workers’ Compensation Claims, 2023
  • Lewis Brisbois Webinar series - Workplace Violence Prevention, 2023
  • GCI Risk Control Workshop - OSHA Inspections and Appeals, 2023
  • Lewis Brisbois Webinar series-Employment Update, 2022
  • Arch Insurance Presentation-Vaccines and Wage and Hour Update, 2021
  • Annual Employment Webinar-OSHA Retaliation Claims, 2021
  • Lewis Brisbois Webinar series-Employment Update, 2021
  • Marathon Oil Presentation-Employment Update, 2021
  • Webinar-Cal-OSHA Emergency Regulations and AB 685, 2020
  • California Annual Employment webinar series, 2020
  • Webinar-Employment Law Update-Korean Investors & Trade Association, 2020
  • Los Angeles Annual Employment Seminar, 2019
  • Webinar-Sexual Harassment Training-HUB Insurance, 2019
  • Employment Law Update–Lewis Brisbois webinar series, 2019
  • Sexual Harassment training webinar–Korean Investors & Traders Association, 2019
  • Sacramento Annual Employment seminar, 2019
  • Employment Legislative Update-Korean American Logistics Association, 2019
  • Orange County Annual Employment Seminar, 2019
  • Leave Laws-Progressive Benefits Group, 2019
  • Webinar–Employment Law–Changes That Effect All Employers, 2018
  • Employment and Wage and Hour Issues–Korean American CPA Society, 2018
  • Orange County Annual Employment Seminar, 2018
  • Sacramento Annual Employment Seminar, 2018
  • Los Angeles Annual Employment Seminar, 2018
  • Webinar–Employment Law Update, 2017
  • AHRA Convention-Seattle, WA-Recent Employment Trends in the Aviation Industry, 2017
  • Organizer and Speaker-Annual Lewis Brisbois Employment Seminar (Orange County), 2017
  • Organizer and Speaker-Annual Lewis Brisbois Employment Seminar (Sacramento), 2017
  • La Verne School of Law Moot Court Competition Judge, 2016
  • Lewis Brisbois National Webinar, “Recent Trends in Employment Law”, 2016
  • Lewis Brisbois Annual Employment Seminar, 2015
  • Hanover Insurance–Current Employment Law issues, 2015
  • KAMA-California’s New Paid Sick Leave, 2015
  • Korean American Manufacturers Association-Harassment, Anti-Bullying and Paid Sick Leave Seminar, 2015
  • New Century Insurance Service Harassment Seminar, 2015
  • Webinar – “Potential Employment Landmines of Social Media”, 2015
  • KAIFPA Convention, 2014
  • QBE Insurance–Special Employer Rules, 2014
  • Hanover Insurance-Nuts and Bolts of Employment Litigation, 2014
  • Korean Trade Association–Wage and Hour 2013
  • Lewis Brisbois Annual Los Angeles Employment Seminar, 2013
  • Beverly Hills Bar Association–Termination Pitfalls Seminar, 2013
  • Lewis Brisbois Annual Employment Law Seminar, 2012
  • Lewis Brisbois Annual Employment Law Seminar, 2011

Education

Loyola Law School

Juris Doctor, 1991

University of California at Santa Barbara

Bachelor of Arts, 1988

Legal Experience

  • Numerous Superior Court Trials and OSHA Hearings
  • Over 2,000 depositions
  • Over 750 arbitrations/mediations
  • California Supreme Court Success: Granados v. Kizyma Electric
  • Mr. Gatley represented Kizyma Electric arising out of a claim for prevailing wages. Kizyma was an electrical subcontractor on a public works project. Eight of the employees sued Kizyma in Superior Court claiming they were improperly classified and not paid the proper prevailing wages. At the commencement of their employment, each employee signed a written arbitration agreement. Mr Gatley filed a motion to compel private binding arbitration. The case was finally decided by the California Supreme Court. (Companion case to Little v. Auto Stiegler). The Supreme Court ruled in Mr. Gatley’s favor ordering the employees to private binding arbitration.

Publications

Mr. Gatley was the Editor-in-Chief of the Lewis Brisbois employment newsletter from 2003 to 2018. He has authored and edited hundreds of employment and OSHA-related articles and blogs.

Pro Bono & Philanthropy

Pro bono attorney for the Harriett Buhai Center for Family Law assisting victims of domestic violence and improving the welfare of children. Mr. Gatley also volunteered at the Los Angeles Court’s Domestic Violence Assistance Program. He is also a member of the Newport Beach American Legion and Elks Lodge.