Phillip J.Ebsworth
Partner
Labor & Employment
pebsworth@seyfarth.com
Phillip defends businesses in PAGA and class action lawsuits, and is one of only a handful of attorneys in California to have successfully defended a PAGA trial.
More About Phillip
Originally from the UK, Phillip understands the feeling clients may have when encountering California's labor and employment laws for the first time—especially the Labor Code Private Attorneys General Act of 2004 (PAGA). Phillip draws on his experience and practical sense to help businesses comply with California’s maze of employment laws, or, if confronted with litigation, develop a strategy to achieve the best possible outcome. Ultimately, Phillip helps businesses protect their cultures and goals so they can feel at home in California.
Well-versed in the broad spectrum of California employment law and litigation, Phillip focuses on wage and hour class action and representative matters, including PAGA. Phillip has the distinction of having successfully defended employers in litigating PAGA actions all the way to the very rare trial. Phillip also has succeeded on multiple nuanced and complex wage and hour issues in both California and federal appellate courts.
Phillip knows that a deep understanding of the businesses he represents is essential to success in the immediate litigation and the business’ ongoing operations. He has extensive experience advising employers and their payroll departments on their pay practices, such as calculating the regular rate of pay, rounding, and other timekeeping practices to mitigate risks of multimillion-dollar PAGA actions.
Phillip began his legal career representing employees, both in California and the UK. That experience has provided Phillip him with a keen understanding of what makes plaintiffs and their counsel tick, and he uses that knowledge to form insightful litigation strategies and find practical and business-minded legal solutions.
Well-versed in the broad spectrum of California employment law and litigation, Phillip focuses on wage and hour class action and representative matters, including PAGA. Phillip has the distinction of having successfully defended employers in litigating PAGA actions all the way to the very rare trial. Phillip also has succeeded on multiple nuanced and complex wage and hour issues in both California and federal appellate courts.
Phillip knows that a deep understanding of the businesses he represents is essential to success in the immediate litigation and the business’ ongoing operations. He has extensive experience advising employers and their payroll departments on their pay practices, such as calculating the regular rate of pay, rounding, and other timekeeping practices to mitigate risks of multimillion-dollar PAGA actions.
Phillip began his legal career representing employees, both in California and the UK. That experience has provided Phillip him with a keen understanding of what makes plaintiffs and their counsel tick, and he uses that knowledge to form insightful litigation strategies and find practical and business-minded legal solutions.
- LLM, University of California Davis School of Law
- LLB, The University of Manchester
Field Hockey 1st XI
The Manchester Review of Law, Crime and Ethics assistant editor
- California
- US Court of Appeals, Ninth Circuit
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, Southern District of California
- California Supreme Court
- California Courts of Appeal
- California Superior Court
Related Services
- Successfully defended national health care employer at trial of PAGA action.
- Represented national retail employer in challenge to pre-employment drug-testing practices and obtained summary judgment which was subsequently affirmed on appeal in the Ninth Circuit.
- Defeated class certification on behalf of manufacturer in class action alleging claims of failure to pay overtime, failure to pay for "off-the-clock" work, failure to provide meal or rest periods, failure to reimburse for business expenses, failure to provide accurate wage statements, and failure to pay all earned wages.
- Represented health care companies, retailers, manufacturers, hospitality companies, and agricultural companies in wage and hour class action and PAGA matters achieving significant wins in litigation and negotiating favorable settlements for fractions of the potential exposure.
- Represented numerous employers in successfully enforcing arbitration agreements and compelling wage and hour claims to arbitration, including “individual” PAGA claims following the Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana.
- Successfully obtained reversal of District Court order remanding wage and hour class action to state court arguing the District Court applied the incorrect legal standard under the Class Action Fairness Act.
- Obtained asylum and permanent residence for an unaccompanied minor in a pro bono matter.
Related Trends
Related News & Insights
-
Blog Post
Nov 13, 2024
PAGA Paraphrased — Rodriguez v. Lawrence Equip., Inc.
-
Webinar
Sep 5, 2024
Webinar Series: 2024 Cal-Peculiarities: How California Employment Law is Different
-
Blog Post
Aug 19, 2024
PAGA Paraphrased – Stone v. Alameda Health System
-
Media Mentions
07/22/2024
Phillip Ebsworth Discusses How Change in California Labor Law Will Test Cash-Strapped Courts in Bloomberg Law
- Co-Author, “PAGA Reform: AB 2288 and SB 92 Introduced,” Legal Update, Seyfarth Shaw LLP (June 24, 2024)
- Co-Author, “Governor Newsom Announces PAGA Reform,” Legal Update, Seyfarth Shaw LLP (June 19, 2024)
- Co-Editors, Litigating CA Wage & Hour Class and PAGA Actions, Seyfarth Shaw LLP, 23rd Edition (2024)
- Co-Author, "The California Supreme Court Pulls The Carpet Out From Underneath Employers," Legal Update, Seyfarth Shaw LLP (January 18, 2024)
- Co-Author, “PAGA Paraphrased – Nickson v. Shemran, Inc., 90 Cal.App.5th 121 (2023),” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (May 31, 2023)
- Co-Author, “PAGA Paraphrased – Seifu v. Lyft, Inc., 89 Cal.App.5th 1129 (2023),” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (May 30, 2023)
- Co-Author, “PAGA Paraphrased – Piplack v. In-N-Out Burgers, 88 Cal.App.5th 1281 (2023),” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (April 24, 2023)
- Co-Author, “PAGA Paraphrased – Galarsa v. Dolgen California, LLC, 88 Cal.App.5th 639 (2023),” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (April 19, 2023)
- Editor, Litigating California Wage & Hour Class and PAGA Actions, Seyfarth Shaw LLP, 22nd Edition (2022)
- Author, “California’s (Modern) Family Leave,” California Peculiarities Employment Law Blog, Seyfarth Shaw LLP (February 17, 2021)
- Editor, Litigating California Wage & Hour Class and PAGA Actions, Seyfarth Shaw LLP, 21st Edition (2021)
- Author, “Fall Into Handbook And Policy Update Season,” California Peculiarities Employment Law Blog, Seyfarth Shaw LLP (October 28, 2020)
- Editor, Litigating California Wage & Hour Class and PAGA Actions, Seyfarth Shaw LLP, 20th Edition (2020)
- Author, "Is a Purchase in Bankruptcy Really Free and Clear of Liability During COVID-19?," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (June 1, 2020)
- Co-Author, "Chapter 5 - Litigation Issues," Cal-Peculiarities: How California Employment Law Is Different (May 12, 2020)
- Author, "Is Your Employee As Fit As A Fiddle?," California Peculiarities Employment Law Blog, Seyfarth Shaw LLP (July 12, 2019)
- Author, "The California Consumer Privacy Act of 2018: The California Employers’ (and Legislature’s) Headache for 2019," California Labor and Employment Bulletin Vol. 2019, No. 3 (March 2019)
- Author, "A Unique Approach to Class-wide Settlement?," Workplace Class Action Blog, Seyfarth Shaw LLP (January 29, 2019)
- Author, "When The End Is Near for Departing Employees, Don’t Do It Your Way," California Peculiarities Employment Law Blog, Seyfarth Shaw LLP (November 15, 2018)
- "New Overtime for Wage Hour Attorneys," Seyfarth Shaw LLP, National Wage and Hour Litigation Practice Group Meeting (May 15, 2024)
-
"How Juries View Wage-Hour Cases," Seyfarth Shaw LLP, National Wage and Hour Litigation Practice Group Meeting (November 2, 2022)
- "The Hazards Of 1099'ing Your Platform - How to Successfully Leverage Contractors in Today's Regulatory Environment" Marketplace Risk Management Conference (May 17, 2022)
- "Worker Classification Changes Throughout the Country - What to Watch Out For," Marketplace Risk Management Conference (September 15, 2021)
- "Understanding the Salary-Basis Test," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (April 21, 2021)
- Founder and director of Royal Family Kids, Sacramento
- KIND’s Northern California Advisory Committee
Phillip defends businesses in PAGA and class action lawsuits, and is one of only a handful of attorneys in California to have successfully defended a PAGA trial.
More About Phillip
Originally from the UK, Phillip understands the feeling clients may have when encountering California's labor and employment laws for the first time—especially the Labor Code Private Attorneys General Act of 2004 (PAGA). Phillip draws on his experience and practical sense to help businesses comply with California’s maze of employment laws, or, if confronted with litigation, develop a strategy to achieve the best possible outcome. Ultimately, Phillip helps businesses protect their cultures and goals so they can feel at home in California.
Well-versed in the broad spectrum of California employment law and litigation, Phillip focuses on wage and hour class action and representative matters, including PAGA. Phillip has the distinction of having successfully defended employers in litigating PAGA actions all the way to the very rare trial. Phillip also has succeeded on multiple nuanced and complex wage and hour issues in both California and federal appellate courts.
Phillip knows that a deep understanding of the businesses he represents is essential to success in the immediate litigation and the business’ ongoing operations. He has extensive experience advising employers and their payroll departments on their pay practices, such as calculating the regular rate of pay, rounding, and other timekeeping practices to mitigate risks of multimillion-dollar PAGA actions.
Phillip began his legal career representing employees, both in California and the UK. That experience has provided Phillip him with a keen understanding of what makes plaintiffs and their counsel tick, and he uses that knowledge to form insightful litigation strategies and find practical and business-minded legal solutions.
Well-versed in the broad spectrum of California employment law and litigation, Phillip focuses on wage and hour class action and representative matters, including PAGA. Phillip has the distinction of having successfully defended employers in litigating PAGA actions all the way to the very rare trial. Phillip also has succeeded on multiple nuanced and complex wage and hour issues in both California and federal appellate courts.
Phillip knows that a deep understanding of the businesses he represents is essential to success in the immediate litigation and the business’ ongoing operations. He has extensive experience advising employers and their payroll departments on their pay practices, such as calculating the regular rate of pay, rounding, and other timekeeping practices to mitigate risks of multimillion-dollar PAGA actions.
Phillip began his legal career representing employees, both in California and the UK. That experience has provided Phillip him with a keen understanding of what makes plaintiffs and their counsel tick, and he uses that knowledge to form insightful litigation strategies and find practical and business-minded legal solutions.
- LLM, University of California Davis School of Law
- LLB, The University of Manchester
Field Hockey 1st XI
The Manchester Review of Law, Crime and Ethics assistant editor
- California
- US Court of Appeals, Ninth Circuit
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, Southern District of California
- California Supreme Court
- California Courts of Appeal
- California Superior Court
Related Services
- Successfully defended national health care employer at trial of PAGA action.
- Represented national retail employer in challenge to pre-employment drug-testing practices and obtained summary judgment which was subsequently affirmed on appeal in the Ninth Circuit.
- Defeated class certification on behalf of manufacturer in class action alleging claims of failure to pay overtime, failure to pay for "off-the-clock" work, failure to provide meal or rest periods, failure to reimburse for business expenses, failure to provide accurate wage statements, and failure to pay all earned wages.
- Represented health care companies, retailers, manufacturers, hospitality companies, and agricultural companies in wage and hour class action and PAGA matters achieving significant wins in litigation and negotiating favorable settlements for fractions of the potential exposure.
- Represented numerous employers in successfully enforcing arbitration agreements and compelling wage and hour claims to arbitration, including “individual” PAGA claims following the Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana.
- Successfully obtained reversal of District Court order remanding wage and hour class action to state court arguing the District Court applied the incorrect legal standard under the Class Action Fairness Act.
- Obtained asylum and permanent residence for an unaccompanied minor in a pro bono matter.
Related Trends
Related News & Insights
-
Blog Post
Nov 13, 2024
PAGA Paraphrased — Rodriguez v. Lawrence Equip., Inc.
-
Webinar
Sep 5, 2024
Webinar Series: 2024 Cal-Peculiarities: How California Employment Law is Different
-
Blog Post
Aug 19, 2024
PAGA Paraphrased – Stone v. Alameda Health System
-
Media Mentions
07/22/2024
Phillip Ebsworth Discusses How Change in California Labor Law Will Test Cash-Strapped Courts in Bloomberg Law
- Co-Author, “PAGA Reform: AB 2288 and SB 92 Introduced,” Legal Update, Seyfarth Shaw LLP (June 24, 2024)
- Co-Author, “Governor Newsom Announces PAGA Reform,” Legal Update, Seyfarth Shaw LLP (June 19, 2024)
- Co-Editors, Litigating CA Wage & Hour Class and PAGA Actions, Seyfarth Shaw LLP, 23rd Edition (2024)
- Co-Author, "The California Supreme Court Pulls The Carpet Out From Underneath Employers," Legal Update, Seyfarth Shaw LLP (January 18, 2024)
- Co-Author, “PAGA Paraphrased – Nickson v. Shemran, Inc., 90 Cal.App.5th 121 (2023),” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (May 31, 2023)
- Co-Author, “PAGA Paraphrased – Seifu v. Lyft, Inc., 89 Cal.App.5th 1129 (2023),” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (May 30, 2023)
- Co-Author, “PAGA Paraphrased – Piplack v. In-N-Out Burgers, 88 Cal.App.5th 1281 (2023),” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (April 24, 2023)
- Co-Author, “PAGA Paraphrased – Galarsa v. Dolgen California, LLC, 88 Cal.App.5th 639 (2023),” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (April 19, 2023)
- Editor, Litigating California Wage & Hour Class and PAGA Actions, Seyfarth Shaw LLP, 22nd Edition (2022)
- Author, “California’s (Modern) Family Leave,” California Peculiarities Employment Law Blog, Seyfarth Shaw LLP (February 17, 2021)
- Editor, Litigating California Wage & Hour Class and PAGA Actions, Seyfarth Shaw LLP, 21st Edition (2021)
- Author, “Fall Into Handbook And Policy Update Season,” California Peculiarities Employment Law Blog, Seyfarth Shaw LLP (October 28, 2020)
- Editor, Litigating California Wage & Hour Class and PAGA Actions, Seyfarth Shaw LLP, 20th Edition (2020)
- Author, "Is a Purchase in Bankruptcy Really Free and Clear of Liability During COVID-19?," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (June 1, 2020)
- Co-Author, "Chapter 5 - Litigation Issues," Cal-Peculiarities: How California Employment Law Is Different (May 12, 2020)
- Author, "Is Your Employee As Fit As A Fiddle?," California Peculiarities Employment Law Blog, Seyfarth Shaw LLP (July 12, 2019)
- Author, "The California Consumer Privacy Act of 2018: The California Employers’ (and Legislature’s) Headache for 2019," California Labor and Employment Bulletin Vol. 2019, No. 3 (March 2019)
- Author, "A Unique Approach to Class-wide Settlement?," Workplace Class Action Blog, Seyfarth Shaw LLP (January 29, 2019)
- Author, "When The End Is Near for Departing Employees, Don’t Do It Your Way," California Peculiarities Employment Law Blog, Seyfarth Shaw LLP (November 15, 2018)
- "New Overtime for Wage Hour Attorneys," Seyfarth Shaw LLP, National Wage and Hour Litigation Practice Group Meeting (May 15, 2024)
-
"How Juries View Wage-Hour Cases," Seyfarth Shaw LLP, National Wage and Hour Litigation Practice Group Meeting (November 2, 2022)
- "The Hazards Of 1099'ing Your Platform - How to Successfully Leverage Contractors in Today's Regulatory Environment" Marketplace Risk Management Conference (May 17, 2022)
- "Worker Classification Changes Throughout the Country - What to Watch Out For," Marketplace Risk Management Conference (September 15, 2021)
- "Understanding the Salary-Basis Test," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (April 21, 2021)
- Founder and director of Royal Family Kids, Sacramento
- KIND’s Northern California Advisory Committee