Reed Marcy - Labor and Employment Lawyer in California
Call us today at (800) 798-8498

Reed W. L. Marcy

Reed W. L. Marcy

Reed W. L. Marcy (SBN 191531) Attorney

Telephone: (510) 817-2711
Fax: (510)562-6830

Education and Background

I was born in Seattle and raised in Washington, the Bay Area, and Oregon before returning to the Bay Area in 1980 to attend college and I have stayed here ever since. I went to UC Berkeley to study French literature and graduated in three years with High Honors, and then completed my Master’s Degree in Medieval French Literature in 1985. I spent six months travelling and studying in Europe. My master’s thesis was on Christine de Pizan, a Burgundian court poet from the time of Joan of Arc and a proto-feminist scholar who clashed with the establishment of her day.

For 8 years, I worked as a college administrator, doing admissions, financial aid, and academic counselling at UC Berkeley’s Graduate English department and California College of the Arts – School of Architecture and Design. My favorite part about both of those jobs was being able to use my ability to understand a complex web of rules and regulations and use that understanding to make a difference in the lives of the students.

Legal Experience

In 1994, I decided to attend law school at UC Hastings in San Francisco. This turned out to be the right decision. My first-year legal writing instructor was Randall Aiman-Smith. We hit it off immediately and we have been working together for the causes we believe in ever since.

I started working for Randall on a whistleblower retaliation case against the City and County of San Francisco. It turned out that case would last fifteen years. Our first class action case was filed in 1998; it is still ongoing today. That is a measure of our commitment.
I worked with Randall during my law school years, and upon graduation, became a full-time associate and later partner at McPhee & Aiman-Smith. We spent a lot of time thinking about our role in the legal work-place, what it meant to be an advocate, how the system worked to favor the interests of the powerful, how we might redefine our roles in order to more forcefully advocate for our clients.

Randall and I, along with Hallie Von Rock, formed Aiman-Smith & Marcy in 2006. Our shared vision for the firm has always been to provide the highest-caliber legal services possible by maintaining intellectual honesty, refusing to cut corners, and always putting the client’s interest first. This yields, we believe, the highest-quality written and oral advocacy possible. We want our clients to feel that they have the smartest, hardest-working, and most honest lawyers they could find. We maintain an unusually small case load so that we can focus intently on each client’s case and avoid stretching ourselves thin. We typically spend thousands of hours on a given case, and are always prepared to take each case through trial and appeal.

Over the years, my practice has come to focus primarily on two broad areas: individual workplace discrimination and wrongful termination – including sex discrimination, sex harassment, race discrimination, and retaliation – and class actions for unpaid wages – including failure to pay overtime, misclassification of employees as exempt or as independent contractors, failure to provide meal and rest breaks, and failure to reimburse expenses, such as uniforms. The firm’s no-compromise, never-quit approach has resulted in a number of cases having to go up on appeal (sometimes more than once), including two landmark wage and hour published opinions.

Personal Interests

I like to work at home in Redwood City in the mornings with the help of my two cats, Jake and Nellie, and my wife Anne, before coming in to the office to collaborate with the group. My other interests include music and hifi, gourmet cooking and travel – hobbies best practiced in various combinations and sometimes all at once.


  • University of California, Berkeley, A.B. with High Honors 1983, French Literature
  • University of California, Berkeley, M.A. 1985, French Literature
  • University of California, Hastings College of Law, J.D. 1997

Related Post

Can Salaried Workers Get Paid Over Time?

Most folks are familiar with the concept of overtime pay. The Department of Labor stipulates that people who are not exempt must be paid not less than the usual rate...

Read More

Do California Employers Have to Pay for Training?

Does your employer have to pay you to attend a training session or the cost of the course? The simple answer is: YES, BUT…it depends on whether the training is...

Read More

COVID-19. Your Rights as an Employee

With the situation on COVID-19 evolving almost hourly, employers and employees are closely monitoring the situation, especially in those states that have confirmed cases, such as California.  While many of...

Read More

California Law on Compensation for Employee Bag Check Wait Times

An increasing number of retail employers in California have begun enforcing employee bag checks when employees leave for the day and, sometimes, any time an employee leaves the premises for...

Read More

Do You Have a Wrongful Termination Case?

If you believe that you were fired from your job and you shouldn't have, you may have a wrongful termination case. Though there are some things that quickly make a...

Read More

Can You Be Paid For Being On-Call When You Live At Work?

Most of us think of employment as a thing that happens at a place of business. You show up at the store, factory, or office and do your assigned duties...

Read More

What Your Employer Can’t Do if You Are “Exempt” – Part 2

[Continued from Part 1] Welcome back to the second half of our two-part article on how employers have misused the 'exempt' employment classification. Not all employers understand the rules for...

Read More

What Your Employer Can’t Do if You Are “Exempt” – Part 1

Most people (including employers) only know two things about "exempt" employees. First, that they are salaried instead of hourly. And second, that they don't have to be paid overtime. However,...

Read More

Are You Exempt? Really?

An "exempt employee" is one who does not have to be paid overtime. Federal law is quite clear on this matter. You are exempt if one or more of the...

Read More

Bankers’ Hours Getting Misclassified as Not Overtime Eligible

The rules established in the Federal Fair Labor Standards Act (FLSA) are well-known. An employer must establish a workweek and must pay overtime when hours worked exceed 40 hours in the...

Read More

What You Can Do When You Think You’re Not Being Paid Properly

If you’re like most employees, your job probably isn’t easy. But when you think you’re being cheated on your wages, it can be especially frustrating. Unfortunately, sometimes employees aren’t properly...

Read More

California Workers Win Millions for Violations of Overtime Pay, Meal and Rest Breaks

California labor laws regarding overtime pay and breaks for rest and meals are clear and unambiguous. That fact hasn’t dissuaded unscrupulous employers in the state from victimizing employees in the...

Read More

Recover Your Unpaid Overtime Wages

Hard work can feel good, but not when you are not rightfully compensated. California state law protects workers by regulating how workers are paid when working overtime and extended work...

Read More

Tip Credit System: Are You Receiving What You Are Entitled To?

In the employment law wage and hour niche, there are few actions more risky than the tip credit system. If you are unfamiliar with the tip credit system, the general...

Read More

Wage and Hour Claims: Am I being properly compensated for the hours I work?

Wage and hour claims in California have been increasing in recent years due to changing employment laws and employee awareness. Still many employers fail to properly pay their employees for...

Read More

Professional Cheerleaders to be Treated as Employees Under New California Law

On July 15, 2015, Governor Jerry Brown signed Assembly Bill 202 into law. The Bill requires professional sports teams to treat professional cheerleaders as employees under the new California employment...

Read More

Aiman-Smith & Marcy Secures Class Certification in Employment Law Class Action Lawsuit Against Telecom Network Specialists, Inc. (“TNS”)

More than 1,000 cell site workers acquire class action certification for alleged unpaid wages, including missed meal and rest break and overtime pay. LOS ANGELES, CA (PRWEB) SEPTEMBER 30, 2015...

Read More

Dreyer’s Sales Representative Overtime Class Action Claim

In 2012, eleven workers had filed a class action claim against Nestle Dreyer’s Ice Cream Company, maintaining it fell short of paying sales representatives overtime, held back pay, and gave...

Read More

Another Ex-SpaceX Worker Takes Legal Action Against Supposed Labor Law Violations

On August 12, 2014, nonentity rocket maker and sweetheart of the profitable space industry SpaceX was confronting another lawsuit over its labor procedures. In the second of two claims filed...

Read More

Apple Confronts California Class Action Claim for Meal Breaks, Unpaid Wages

On July 26, 2014, a California state court had allowed the class documentation to about 21,000 Apple workers presently and previously retained by the Cupertino-based corporation. The lawsuit was subject...

Read More

California Caregivers Take Legal against Their Employer for Wage Violations

On June 18, 2014 in California, trained caregivers filed a class action claim on behalf of many employees all over the state. They stated their employer, Kindred Healthcare and its...

Read More

Court Says Employers Not Required to Make Certain Employees Go to Lunch

On April 12, 2012, The California Supreme Court decided that employers were not required to make certain employees take lawfully authorized lunch breaks in a case that had an effect...

Read More

California’s “Cool-Down” Periods and Avoid the Burn of Wage and Hour Class Litigation

  Just when one might have thought California employment law couldn't get any stickier for employers, in January 2014 the California Legislature turned up the heat by expanding meal and...

Read More