Damien P. DeLaney

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Damien DeLaney focuses his practice on employment litigation, having handled over 40 class and representative actions, as well as numerous other employment matters, in federal and state courts and arbitration, including wage and hour, discrimination, harassment, and retaliation claims under California law. He regularly defends employers from California Labor Code class actions, representative actions under the Labor Code Private Attorneys General Act (PAGA), and FLSA collective actions. Damien also advises employers on a wide range of employment issues, including wage and hour compliance workplace investigations, employee discipline, employee separations, and policy and procedure review.

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Is the Wicked Witch Really Dead? California Passes Long Anticipated PAGA Reforms, But Do They Really Help Employers?

By Matthew Gurnick and Damien P. DeLaney on Posted in Wage & Hour
In a lightning-fast deal brokered by Governor Gavin Newsom, California lawmakers enacted significant amendments to PAGA, California’s so-called “sue-your-boss” law that deputizes millions of workers across the state to bring labor law enforcement actions against their employers. The amendments, which passed both assembly houses unanimously after attracting broad support from employer groups as well as … Continue Reading

A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

By Marissa Alguire, Damien P. DeLaney and Akerman Law on Posted in Employment Counseling & Workplace Claims Prevention, Employment Litigation, Uncategorized, Wage & Hour
Last year was a significant year for California’s Private Attorneys General Act (known as “PAGA”), the 18-year-old wage-and-hour enforcement act that, according to one study, has generated over 20,000 lawsuits against employers over the past five years costing employers, on average, over $1.1 million per case. On its face, PAGA purports to improve enforcement of … Continue Reading

Appellate Ruling Clouds California’s Ban on Mandatory Arbitration Clauses in Employment

By Damien P. DeLaney and Marissa Alguire on Posted in Employment Counseling & Workplace Claims Prevention, Employment Litigation
Employers in California may not condition employment on entering into an arbitration agreement, but at the moment, it appears they may continue to enforce such agreements. The situation is muddled as a result of a federal appellate court ruling blocking a 2019 California law that made it illegal for an employer to condition employment or … Continue Reading

The Cost of Meal and Rest Break Violations Just Went Up for California Employers

By Damien P. DeLaney and Akerman Law on Posted in Employment Counseling & Workplace Claims Prevention, Wage & Hour
California employers finally have clear guidance on the implications of failing to comply with California’s meal and rest break requirements under the Labor Code. Most businesses in California are familiar with meal and rest break requirements, and, equally so, with the penalty mandated by Section 226.7 of the Labor Code for violations—one hour of pay … Continue Reading

Supreme Court: Employees Do Not “Exceed Authorized Access” By Misusing Computer Data They Are Otherwise Authorized To Access

By Damien P. DeLaney and Akerman Law on Posted in Employment Counseling & Workplace Claims Prevention, Non-Compete & Trade Secret Litigation
The scenario is familiar, and frustrating, to employers: an employee, preparing to leave to join a competitor, accesses sensitive product, customer, and sales data using his or her own credentials, copies it to a flash drive, and takes it to a competing firm. Employers have had a variety of legal tools available to take action … Continue Reading

California Voters OK Independent Contractor Status for App Service Drivers

By Damien P. DeLaney and Akerman Law on Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Wage & Hour
On November 3, 2020, nearly 60% of California voters approved a ballot measure to create a carve-out from the state’s expansive independent contractor law, AB 5, for drivers on technology platforms such as Lyft, Uber, Doordash, and Postmates. Proposition 22 essentially creates a new category of workers by allowing transportation technology companies to continue to … Continue Reading

Managing a California Workforce During COVID-19

By Marissa Alguire, Damien P. DeLaney and Akerman Law on Posted in Employment Counseling & Workplace Claims Prevention, Wage & Hour
While some states have moved quickly to re-open for business, California Governor Gavin Newsom has announced a four-stage plan to modify the statewide stay-at-home order, beginning with expanded testing and contact tracing measures, and culminating with the re-opening of live-audience sports, concerts, and other large events. As California employers begin implementing that plan, they must … Continue Reading
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