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Spencer Hamer

Fax +1.949.253.0902
Spencer Hamer represents employers in the defense of employment claims, including discrimination, harassment, retaliation, wrongful termination, whistleblower, and wage and hour matters. He also has extensive experience with class action and PAGA claims. In addition to his litigation practice, he regularly advises employers on how to comply with California and federal employment laws, including FMLA/CFRA, ADA accommodations, equal pay laws, trade secrets and unfair competition. He regularly advises clients on termination issues, executive employment agreements, independent contractor matters, and mass layoffs, and has advised clients in wage and hour audits conducted by state and federal agencies. In addition, he advises buyers and sellers on employment compliance issues arising in mergers and acquisitions. Mr. Hamer has also represented employers in labor negotiations and matters arising under the National Labor Relations Act.

Mr. Hamer has successfully represented employers in numerous cases and trials in state and federal court. In addition, his practice involves management training, compliance audits, preparation of employment policies and procedures, workplace investigations, and risk management strategies.

Mr. Hamer has represented employers in a variety of industries, including health care, power and alternative energy, hospitality, manufacturing, and technology.

Professional Background

Prior to joining K&L Gates, Mr. Hamer was a partner at another national law firm.

Professional/Civic Activities

  • State Bar of California (Labor & Employment Section)
  • Orange County Bar Association (Labor & Employment Section)
  • K&L Gates Cyber Civil Legal Rights Project

Additional Information

Presentations and Publications
Mr. Hamer has presented numerous programs and continuing legal education seminars to various industry associations throughout California and nationally, and has written extensively on labor and employment topics, including the following:
  • “The Dynamex Case and California’s New ‘ABC’ Test for Contractor Status” K&L Gates/OCTANE Seminar, June 26, 2018
  • "Protecting Health Care Workers from Workplace Violence Risks,” Orange County Bar Association Health Care Law Section Meeting, February 9, 2017.
  • “Managing Workplace Risk: An Employment Law Overview,” Independent Insurance Agents & Brokers of California Insurance Law Track, October 12, 2016.
  • “Don’t Post That! Protecting Patient Privacy in the Age of Social Media,” The Journal of Urgent Care Medicine, October 3, 2016.
  • “Classifying and Compensating Commission-Based Insurance Salespersons,” American Agents Alliance Convention & Expo, September 24, 2016.
  • “Preventing Workplace Violence in the Urgent Care Industry,” Urgent Care Association of America (UCAOA) 2016 Spring Conference, April 20, 2016.
  • “Crafting a Legal and Effective Social Media Policy,” Urgent Care Association of America (UCAOA) 2016 Spring Conference, April 19, 2016.
  • “Everything Non-Clinical That You’ve Ever Wanted to Know, but Were Afraid to Ask,” Urgent Care Association of America (UCAOA) 2016 Spring Conference, April 18, 2016. 
  • “Recent Employment Law Developments in the California Health Care Industry,” California Society for Healthcare Attorneys (CSHA) Spring Seminar, April 8, 2016.
  • “Physician Agreements for Employees and Independent Contractors,” Orange County Bar Association (OCBA) Health Care Law Section Meeting, March 10, 2016.
  • “Complying with Medical Information Restrictions of the Family Medical Leave Act and Americans with Disabilities Act,” The Journal of Urgent Care Medicine, February 1, 2016.
  • “When Is a Retained Agent an Employee vs. an Independent Contractor, in Light of the Uber Decision,” California Insurance Wholesalers Association, January 11, 2016.
Mr. Hamer has represented employers in state and federal courts and administrative actions, including:
  • Obtained defense verdict as part of a trial team representing manufacturing employer in a multi-week jury trial against claims of whistleblower retaliation;
  • Obtained defense verdict as part of a trial team representing health care facility against claims of military leave/family medical leave discrimination;
  • Obtained summary judgment on behalf of hospital accused of not properly compensation nurses for overtime in a lawsuit seeking over $20,000,000 in unpaid wages;
  • Represented employer through administrative hearing, appeal to National Labor Relations Board, and appeal to D.C. Circuit Court of Appeals, where enforceability of class action waiver under D.R. Horton was at issue;
  • Successfully resolved numerous class action and PAGA lawsuits on behalf of employers in various industries in which plaintiffs have sought overtime, meal and rest breaks, expenses, waiting time penalties, and related damages.