Damien 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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California Voters OK Independent Contractor Status for App Service Drivers

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 treat drivers on their platforms … Continue Reading

Managing a California Workforce During COVID-19

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 keep California’s unique employment law … Continue Reading