Adam J. Karr

Adam J. Karr

LOS ANGELES - Adam J. Karr is among the next generation of O’Melveny firm leaders. Previously the head of the firm’s Orange County labor and employment practice, he is an integral member of the firm and one of the state’s leading labor and employment lawyers.

Over the last several years, Karr has led dozens of labor and employment cases to successful conclusions for several clients, whether representing them across state and federal courts in complex class actions or individual contentious matters or arbitrations; advocating before state and federal agencies; counseling on employment issues related to mergers and acquisitions; or offering preventative advice to clients on an ongoing basis.

Karr represents Century 21 Real Estate LLC in a statewide representative action brought on behalf of real estate agents who allege that they have been misclassified under California law as independent contractors rather than employees.

The case involves the interpretation of California Labor Code Section 2750.3, better known as AB- 5, the new statute enacted for the purpose of reclassifying gig workers as employees.

Notably, this case challenges the constitutionality of the statute with respect to real estate agents in a manner that only appears capable of resolution through a precedent-setting judicial decision.

“We represent a company called Realogy. The issue in the case is whether or not real estate agents are properly classified as independent contractors in the state of California. It’s a very cutting edge and important issue,” Karr explained. “We won the case in the trial court on a demurrer and the matter is currently on appeal.”

On Nov. 10, 2020, the Court granted Century 21’s motion to dismiss the case in its entirety. The plaintiff has filed an appeal of the decision.

The global pandemic has created work for attorneys representing employers who found themselves struggling with the new requirements associated with COVID-19. Karr has become one of the go-to lawyers for corporate and individual clients in the diverse areas of COVID-19 business impact.

“For labor and employment lawyers, myself included, the initial period of COVID was a significant challenge in helping clients navigate through all of the issues that were presented with the stay-at-home orders,” Karr said. “I would say over the course of the past two years, our practice has changed in the sense that we spend even more time advising clients on very nuanced issues related to workplace safety. The COVID era has been a particularly interesting time for labor and employment lawyers.”

--Douglas Saunders