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Sherry L. Swieca

Principal
Los Angeles

P 213-689-0404
F 213-689-0430
SwiecaS@jacksonlewis.com

Biography

Sherry L. Swieca is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. Her practice focuses on appellate matters in state and federal court, as well as assisting employers with compliance, best practices, and preventive measures.

Ms. Swieca is a Certified Appellate Specialist with the State Bar of California. She has handled more than 70 writs and appeals in labor, employment, ERISA, and immigration matters on behalf of parties and amici curiae and presented oral argument in more than 20 of those cases. Her experience includes a wide range of appellate issues following motion hearings and jury and bench trials, such as affirming summary judgment, enforcement of arbitration agreements, class certification, establishing class action damages, interpreting collective bargaining agreements, interpreting ERISA-governed insurance policies, and evidentiary and discovery issues. Ms. Swieca also is a participating member of the Ninth Circuit Court of Appeals pro bono panel.

As a member of the firm’s California Advice and Counsel Resource Group, Ms. Swieca also advises employers in many industries with respect to employee discipline and disability-leave management, updating written employment policies, handbooks and arbitration agreements, and conducting compliance audits, personnel investigations, and training. 

Ms. Swieca’s experience includes all aspects of employment litigation, arbitration, and administrative hearings. She has first-chair arbitration and second-chair jury trial experience.

While attending law school, she served on the Esdaile Moot Court Board and American Bar Association Trial Team.

Honors and Recognitions

  • Certified Appellate Specialist, The State Bar of California

Professional Associations and Activities

  • Los Angeles County Bar Association, Appellate Section
  • Women Lawyers Association of Los Angeles

See AllSherry L. Swieca in the News

April 10, 2015
Employment Law 360

Sherry Swieca Comments on Arbitration Dispute Before the California Supreme Court

April 10, 2015

Jackson Lewis Shareholder Sherry Swieca was quoted in the Employment Law 360 article "Calif. High Court To Mull Fewer Limits On Arbitration Deals." View Article (subscription may be required) Read More

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August 23, 2016

Holding Class Waivers Violate the NLRA, Ninth Circuit Joins Circuit Split

August 23, 2016

Requiring class and collective action waivers as a condition of hire or continued employment violates the National Labor Relations Act, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Morris v. Ernst & Young, No. 13-16599 (9th Cir. Aug. 22, 2016). The Ninth Circuit has joined the Seventh Circuit in... Read More

August 1, 2016

California Supreme Court on Arbitration Agreement Silent on Class Action Waivers

August 1, 2016

Does the court or the arbitrator decide whether the parties to an arbitration agreement intended class arbitration where the agreement does not contain an express class action waiver? The California Supreme Court responded that there is no “one-size-fits-all” answer and the issue is a matter of contract determined by state... Read More

September 29, 2015

California Ban on Waiver of Representative PAGA Claims Not Barred by Federal Arbitration Act, Federal Court Holds

September 29, 2015

Declining to enforce a representative action waiver contained in an arbitration agreement, the Ninth Circuit Court of Appeals, in San Francisco, has held that the Federal Arbitration Act (“FAA”) does not preempt California’s “Iskanian rule,” which prohibits waiver of representative claims under the state... Read More

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See AllBlog Posts by Sherry L. Swieca

California Ban on Waiver of Representative PAGA Claims Not Barred by Federal Arbitration Act, Federal Court Holds
September 30, 2015

Declining to enforce a representative action waiver contained in an arbitration agreement, the Ninth Circuit Court of Appeals, in San Francisco, has held that the Federal Arbitration Act (“FAA”) does not preempt California’s “Iskanian rule,” which prohibits waiver of representative claims under the state Private Attorneys General Act of 2 Read More

California Supreme Court: Federal Arbitration Act Preempts Plaintiff’s State Rights
August 5, 2015

An arbitration clause in a consumer agreement was enforceable, including the class action waiver, despite four supposedly one-sided arbitration provisions in the agreement, the California Supreme Court has held. Sanchez v. Valencia Holding Co., LLC, No. S199119 (Aug. 3, 2015). Read More