Tracy L. Scheidtmann

Senior Counsel

Silicon Valley


Read full biography at www.orrick.com

Tracy Scheidtmann uses a collaborative approach and extraordinary foresight to help people – and their businesses – resolve a wide range of employment issues. Working alongside executives, in-house counsel, human resources and other professionals, Tracy crafts legal solutions that fit the needs, vision and values of today’s growing companies.

Underscoring her commitment to helping others, Tracy also searches for ways to use her legal skills to help the community. She dedicates significant hours each year to various pro bono causes, including serving and supporting those affected by domestic violence. Prior to Orrick, Tracy worked with her law school’s Domestic Violence Advocacy Project, where she represented individuals who sought to obtain or enforce civil protection orders in the District of Columbia Superior Court. She was also a legal intern at the United States Holocaust Memorial Museum in Washington, D.C. in 2000.

She has advised hundreds of employers on the complex legal, compliance and human resource challenges associated with today’s workplace. Her years spent litigating high-stakes disputes allow her to see the full landscape of an issue, and therefore pinpoint pitfalls and opportunities that others might overlook. Tracy also knows that cost and sensibility go hand in hand. Whether working with clients in the startup space or large corporations, she aligns her legal advice with each clients’ culture, as well as its business and financial objectives.

Tracy honed her litigation skills as an attorney in Orrick’s employment group from 2002-2015. In 2015, she joined Facebook to gain in-house experience as a company investigator. In that role, Tracy identified potential legal or company policy violations to help the company proactively address workplace issues. Upon her return to Orrick in 2016, Tracy found her niche as an advisor, focusing her practice exclusively on employment advice and counseling.

Posts by: Tracy Scheidtmann

U.S. Census Bureau Down for the Count after Certification Ruling in Criminal Background Check Case

Gavel and Hundred-Dollar Bill

Last Tuesday, a Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States Census Bureau used arrest records to screen out job applicants, thereby transferring  disparities in arrest and conviction rates for African-Americans and Latinos into the agency’s hiring practices and setting up hurdles to employment that disproportionately affected these groups in violation of Title VII. READ MORE

The EEOC Takes Aim, Once Again, at Employers’ Separation Agreements

On April 30, 2014, the U.S. Equal Employment Opportunity Commission filed suit against a private college, charging for the second time in two months that an employer’s severance agreement was unlawful. The EEOC alleged that CollegeAmerica, Inc.’s Separation and Release Agreements violated federal law by conditioning the receipt of severance payments and benefits on the employee’s promise not to file a charge with, or cooperate in investigations by, the EEOC against CollegeAmerica. READ MORE

Paid in Singles for a Shot at the Big Leagues: Former Minor Leaguers Sue MLB for Wage-and-Hour Violations

Stack of Money

Spring training is just around the corner and major leaguers have already reported to their first workout. Meanwhile, an interesting development–three former minor leaguers have filed a lawsuit against Major League Baseball, Bud Selig, and three MLB teams, claiming that the MLB has failed to pay overtime and minimum wages in violation of the FLSA and various state labor laws. According to the plaintiffs, the MLB “has a long, infamous history of labor exploitation dating to its inception” by hoarding players, depressing salaries, and preventing unionization of the minor leagues. See Complaint, Senne v. MLB, No. 3:14-cv-00608-JCS (N.D. Cal. Feb. 7, 2014), ECF No. 1. The case is presently before Magistrate Judge Joseph C. Spero. READ MORE

OHSA’s Plan to Air Employers’ Potentially Dirty Laundry Online

People at a Table

Trying to keep your illness and injury reports low profile? According to new rules proposed by the Occupational Safety and Health Administration (“OSHA”), not under their watch! At an estimated cost of $10.5 million per year to employers, OSHA’s three new proposed rules will impact approximately 480,000 employers by making their injury and illness records publicly available for the first time. See Improve Tracking of Workplace Injuries and Illnesses, 78 Fed. Reg. 67273, 67275 (proposed Nov. 8, 2013) (to be codified at 29 C.F.R. pt. 1904). READ MORE

Governor Brown Expands Paid Family Leave Eligibility, Boosts Minimum Wage, and Grants Overtime to Nannies

California’s Paid Family Leave Now Covers More Kin 

Currently, through California’s Paid Family Leave (“PFL”) insurance program, workers may collect up to six weeks of partial wage replacement benefits while taking leave under the Federal Family Medical Leave Act (“FMLA”) or California’s Family Rights Act (“CFRA”) to care for a seriously ill child, spouse, or registered domestic partner, or to bond with a minor child within one year of birth or the placement of the child in connection with foster care or adoption. On September 24, 2013, Governor Brown signed SB 770, expanding the PFL program to cover siblings, grandparents, grandchildren and parents in-law. Note, however, that PFL does not provide leave rights. CFRA was not similarly amended and, as with FMLA, only provides protected leave with reinstatement rights when taken to care for a seriously ill child, spouse, or registered domestic partner, or to bond with a minor child within one year of birth or the placement of the child in connection with foster care or adoption (among other things). Thus, employees who take leave to care for a sibling, grandparent, grandchild, or parent in-law, though they may receive partial wage replacement, will not be afforded job protection and reinstatement rights unless provided under an employer plan. READ MORE

Governor Brown Signs Amendments to California Labor Code

Gavel and Hundred-Dollar Bill

On Sunday, September 30, Governor Jerry Brown signed Assembly Bill 2674, Assembly Bill 1744, and Senate Bill 1255 into law, thereby amending California Labor Code sections 226, 1198.5, and 2810.5, and adding section 226.1 to the Labor Code. The changes go into effect on January 1, 2013. READ MORE

California Court of Appeal Rules that Advanced Sales Commissions May Be Recovered By the Employer

Coins and Hourglass

On July 10, 2012, a California court of appeal held that an employer’s practice and policy of charging back advanced sales commissions following a canceled service agreement does not violate California law. The Court held that these advanced commissions are not wages; thus they do not come within the ambit of California Code of Civil Procedure section 223 which prohibits the secret payment of lower wages and exposes the employer to PAGA penalties. READ MORE