Daniel J. Turner, Esq.

Contractual

• Mediated a dispute between parties to an asset purchase agreement regarding the seller's right to payment of certain accounts receivable from the buyer after the close of sale.

Breach of Contract

• Breach of contract and intentional interference with contractual relationships case brought by a high-level employee alleging employer interfered with pre-existing client relationships following employee's departure.
• A former employee alleged a variety of wage and hour violations related to her resignation and employment agreement. The former employer asserted claims for breach of the employment agreement, as well as violation of confidentiality provisions of agreement, and brought action against the former employee.

Disability

• Disability and failure to provide a reasonable accommodation case brought by an employee alleging they were constructively terminated following the employer's refusal to accommodate their medical condition.
• Disability discrimination, failure to accommodate, failure to engage in the interactive process, and wrongful termination case brought by a former employee who was terminated while on an extended leave. The former employer claimed that additional leave, in addition to the multiple leave extensions previously provided, was not a reasonable accommodation under the circumstances.
• Disability discrimination, failure to accommodate, and failure to engage in the interactive process case brought by a long-term former employee alleging she faced increased scrutiny and was ultimately forced to resign on account of her physical condition and work restrictions.
• Disability discrimination, failure to accommodate, and retaliation case brought by a former long-term employee alleging he was terminated after requesting an accommodation for an injury he sustained while working on behalf of the company.
• A former employee alleged her former employer did not reasonably accommodate her disability and retaliated against her for taking leave. The former employee also alleged claims for wrongful termination and failure to engage in the interactive process.
• A long term former employee alleged he was terminated after complaining about being required to work outside of work restrictions. The former employee asserted claims for disability discrimination, retaliation and wrongful termination.

Disability and Wrongful Termination

• A former long-term employee alleged harassment, disability discrimination, retaliation and wrongful termination after being terminated in a significant reduction in force.

Disability Discrimination

• Disability and age discrimination case brought by a long-term employee alleging termination was the result of requesting accommodation related to a medical condition and related treatment. The matter resolved following mediation.

Discrimination

• Race discrimination and retaliation case brought by former high-ranking technology employee alleging disparate treatment by supervisors resulting in termination. The matter resolved following mediation even though the employer had asserted cross-claims against the employee alleging misconduct.
• Mediated a disability discrimination, retaliation, failure to accommodate and failure to engage in the interactive process case in which an employee alleged she was terminated following her cancer diagnosis.
• Mediated a case involving a former high-level employee who asserted claims for gender and religious discrimination as well as retaliation (pursuant to FEHA and Labor Code Section 1102.5) following alleged restructuring and reduction in force.

Employment Wage & Hour Class Action PAGA

• Mediated a class and PAGA matter against a major manufacturer involving claims for meal and rest breaks, failure to pay regular rate of pay, overtime, and failure to properly reimburse business expenses.

Family Leave Act

• Reasonable accommodation, failure to engage in the interactive process, and retaliation case by a former employee alleging that the company made the decision to terminate following exhaustion of FMLA/CFRA leave.

Hostile Environment

• Sexual Harassment and retaliation case involving a former employee who alleged that she was terminated following taking leave to deal with the impact of workplace harassment.
• A former employee alleged she was sexually harassed by her direct supervisor and was terminated after she raised internal complaints. The former employee alleged claims for sexual harassment, sex discrimination, retaliation and wrongful termination.
• Former employees of a restaurant alleged their co-worker and supervisor made a variety of sexual-related comments and engaged in extreme bullying during employment. The former employees alleged claims for sexual discrimination, sexual harassment and retaliation.

PAGA

• Mediated a PAGA case involving several hundred current and former employees in the health care industry regarding COVID-19 temperature checks, off-the-clock, meal and rest breaks, and unpaid overtime claims. The matter settled after a full day of mediation.
• PAGA action involved claims for failure to pay overtime based on an incorrect calculation of “regular rate” of pay. The action also involved claims for failure to provide meal and rest periods, and inaccurate wage statements. The matter settled following a full day of mediation.
• PAGA action brought by employees of rehabilitation and nursing home services company for failure to pay overtime as well as failure to comply with meal and rest break requirements. The matter settled following a full day of mediation.
• PAGA claim for failure to properly calculate regular rate of pay, failure to pay overtime and double time, as well as failure to provide meal and rest breaks against a construction company.
• Class and PAGA case involving several hundred current and former employees of a construction company alleging failure to provide compliant meal and rest breaks, failure to pay for all time worked, and failure to provide reimbursement for business-related expenses.
• Class and PAGA action for a major healthcare provider involving claims of failure to pay minimum wage and overtime as a result of rounding policy as well as claims for meal and rest break violations.
• PAGA action brought by a former employee alleging employer violate Labor Code Section 204 and Labor Code Section 226 by not timely paying wages due to non-exempt employees.
• Class action and PAGA case against a construction company in which a former employee alleged meal and rest break violations as well as violation of Labor Code Section 226.
• Wage-and-hour class and PAGA action involving several hundred non-exempt employees asserting claims for failure to provide meal breaks, failure to provide rest breaks, and failure to pay overtime wages.
• PAGA action brought by non-exempt employees of a major manufacturing company for meal and rest break violations, failure to pay for all hours worked, failure to pay overtime, failure to reimburse business expenses, and failure to provide accurate wage statements.
• PAGA action brought by employees of rehabilitation and nursing home services company for failure to pay wages and failure to pay overtime as well as failure to comply with meal and rest break requirements.
• PAGA action brought by employees of major automobile dealership claiming employer failed to pay rest break premiums at the correct regular rate of pay, among other Labor Code violations.
• PAGA action seeking to represent several hundred non-exempt employees of a medical company alleging employees were not properly paid for COVID-19 temperature screening checks, among other Labor Code violations.
• PAGA action brought by employees of a large restaurant change alleging claims for failure to provide reporting time pay, failure to pay wages, failure to pay overtime, and failure to provide compliant meal and rest breaks.
• Employee asserted individual claims for failure to pay minimum wage failure to pay overtime, failure to provide meal and rest breaks, and failure to properly provide reimbursement in arbitration on an individual basis. Employee had also filed a PAGA case in state court and sought to represent thousands of current and former employees based on the same alleged conduct
• PAGA matter against a major retail chain in which former employees alleged the employer failed to pay them for all hours worked, failed to provide compliant meal and rest periods and failed to properly reimburse business expenses.
• PAGA action in which former worker alleged he and others were misclassified as independent contractors and alleged claims for unpaid overtime, meal and rest break violations, and related penalties.
• PAGA action in which a former worker alleged he and others were misclassified as independent contractors and alleged claims for unpaid overtime, meal and rest break violations, and related penalties.
• Mediated a PAGA case involing claims for an alternative work schedule, COVID health checks, meal and rest breaks, as well as derivative penalties against major industrial manufacturer.
• Mediated a PAGA case in which an employee alleged the regular rate of pay was incorrect as it allegedly did not include a correct calculation for various forms of incentive pay. The former employee also alleged claims for unpaid wages and meal and rest breaks against a major healthcare provider.

Retaliation

• Race harassment, discrimination, and retaliation case brought by former employee alleging that former supervisor repeatedly engaged in harassment and made the decision to terminate employee following protected complaints. The matter resolved after a full day of mediation.
• Disability discrimination, reasonable accommodation, and retaliation case brought by an employee against a major distribution center who alleged he was terminated for requesting and taking leave.
• Religious and disability discrimination case in which a former employee claimed to have been terminated as a result of protected religious conduct.

Sexual Harassment And Retaliation

• A former employee alleged she received a final written warning following numerous comlpaints she made against a more senior co-worker. The former employee asserted claims for harassment, retaliation and wronfgul termination.

Wage and Hour

• A multi-plaintiff case brought by former employees alleging employee maintained policies resulting in meal and rest break violation and failure to pay overtime, among other Labor Code violations. The matter resolved following a full day of mediation.
• Wage-and-Hour case brought by individual alleging joint employers misclassified individuals as independent contractors rather than employees. The case involved claims for unpaid wages, overtime, and unreimbursed business expenses, among other Labor Code violations. The matter resolved following mediation.
• A racial discrimination and harassment case by a former employee claiming she was harassed on the basis of race and terminated for complaining about the conduct of a supervisor and an internal investigation.
• Class and PAGA case involving misclassification of the sales force. Claims included failure to pay minimum wage, failure to pay overtime, meal and rest breaks, and Labor Code Section 226.
• A multiple plaintiff case brought by former employees alleging the employer maintained policies resulting in meal and rest break violations and failure to pay overtime.
• A wage-and-hour case brought by a former live-in caregiver of a licensed residential facility alleging a variety of Labor Code violations, including failure to pay overtime, failure to pay minimum wage, and failure to provide meal and rest breaks.
• A wage-and-hour case brought by individual claiming alleged joint employers misclassified individuals as independent contractors rather than employees. The case involved claims for unpaid wages, overtime, and unreimbursed business expenses, among other Labor Code violations.
• Former workers alleged they were misclassified as independent contractors and were owed statutory penalties, unpaid wages, overtime, meal and rest breaks as well as expense reimbursement.
• Former long-term employee alleged he was misclassified as he spent the majority of his time performing non-managerial tasks rather than serving as the general manager of a highly profitable store location. Former employee alleged claims of unpaid overtime, missed meal and rest breaks, waiting time penalties and inaccurate wage statements.
• Wage and hour case brought by former employee alleging claims for unpaid wages, overtime, meal and rest breaks and expense reimnbursement as a result of alleged misclassification as outside salesperson. Case also involved claims of retaliation and wrongful termination based on complaints former employee claims to have made based on her classification status.
• Wrongful termination, retaliation and wage and hour case involving multiple plaintiffs alleging they were wrongfully terminated for complaining about company policies and procedures and wage and hour violations.
• A former employee alleged disability discrimination, failure to accommodate, failure to engage in the interactive process and retaliation against former employee following her termination. The former employee claimed she was terminated in retailation for taking a leave of absence in order to recover from a complicated medical procedure.
• A former employee alleged she was misclassified and asserted she worked substantial overtime during her employment. In addition, the plaintiff alleged claims for meal and rest breaks, as well as waiting time penalties.
• A former employee asserted claims against their employer for retaliation pursuant to Labor Code Section 1102.5, failure to accommodate, failure to engage in the interactive process, and wrongful termiantion following approved leave due to a physical condition.
• Wage and House action case brought by a former caregiver for unpaid wages, unpaid overtime, retaliation pursuant to Labor Code Section 1102.5 and wrongful termination.
• A long-term employee was included in a reduction in force after not being selected for a role within the new corporate structure. A former employee alleged retaliation and wrongful termination for complaining about sex discrimination to the direct supervisor and the human resources department.
• A former employee alleged she was misclassifed and retaliated for reporting the harassment of one of her supervisors. The former employee alleged claims for failure to pay wages, failure to pay overtime, misclassification as an independent contractor, sexual harassment, failure to prevent harassment and retaliation pursuant to Labor Code Section 1102.5.
• A former employee asserted claims for failure to pay wages as well as unpaid overtime based on a misclassification under outside sales exemption. The former employee also asserted claims for failure to accommodate and disabilty discrimination as he alleged the employer terminated him following protected complaints.

Wage and Hour Class Action

• Wage-and-Hour class action on behalf of several hundred restaurant workers alleging that former employer made unlawful deductions from wages, failed to comply with meal and rest break requirements, failed to pay for all time worked on behalf of the employer, and failed to pay overtime wages.
• Class action involving hundreds of class members after certification was granted by the Court. The case involved claims for rest period violations and failure to reimburse automobile expenses.
• Wage-and-hour class action on behalf of several hundred restaurant workers alleging that former employer made unlawful deductions from wages, failed to comply with meal and rest break requirements, and failed to pay overtime wages.
• Wage-and-hour class action involving several hundred non-exempt employees alleging that employer failed to pay employees for all hours worked and failed to pay sick time wages. The case also involved the claim that wage statements did not comply with California law as they did not reflect employee sick time.
• Wage-and-hour class action against a major delivery company alleging failure to pay overtime wages and failure to comply with meal and rest break requirements.
• PAGA case against national industrial supply company in which a former employee alleged claims for meal and rest break violations, failure to reimburse business expenses, unpaid overtime and failure to pay minimum wage.
• Class and PAGA case in which former employee asserted claims for failure to pay minimum wage, failure to pay overtime, failure to provide legally compliant meal and rest breaks and derivative claims. The former employee alleged he was required to work off the clock to prepare delivery trucks for daily deliveries. In addition, the former employee alleged the company's auto deduct meal break policy resulted in widespread violations.
• Mediated a class and PAGA case by a former employee against a major financial institution, alleging unpaid minimum wage, meal and rest break violations, inaccurate wage statements and failure to reimburse expenses.
• Mediated a class action case in which a former employee alleged the company's meal break waiver was invalid and resulted in substantial meal break violations. The former employee also made rest break claims, as well as claims for waiting time penalties and wage statement penalties.
• Class and PAGA matter involving failure to pay wages, failure to pay overtime, failure to provide meal and rest breaks and failure to reimburse business-related expenses by a former employee of a major delievery chain.
• Mediated a class and PAGA case in which a former employee alleged the former employer, a healthcare provider, implemented an invalid alternative work schedule as it allegedly did not comply with all the requirements of the the relevant wage order, including the written disclosure requirement.
• Mediated a class and PAGA class action case against a labor contractor and packing company in which the former employees alleged claims for meal and rest break violations, unpaid wages, waiting time penalties and failure to reimburse business expenses.
• Mediated class and PAGA action case alleging that a third party logistics company misclassified workers as independent contractors. Class counsel also asserted claims againt the company that originally retained the logistics company to provide delivery and trucking services on joint employment theory. Class asserted claims for unpaid wages, unpaid overtime, misclassification penalties, failure to provde meal and rest breaks, failure to pay wages at termination and violation of Labor Code Section 226.

Whistleblower Wrongful Term

• Labor Code Section 1102.5 case in which a former employee alleged she was terminated shortly after raising concerns regarding the company's products and production procedures. The former employee also asserted claims for wrongful termination.

Wrongful Term & Discrimination

• Disability and age discrimination case brought by a long-term employee alleging termination was the result of requesting accommodation related to a medical condition and related treatment.
• Disability discrimination, retaliation, and wrongful termination case brought by a former employee following an extended leave of absence and complaints regarding the company’s leave of absence policies and procedures.
• Labor Code Section 1102.5 whistleblower, age discrimination, and wrongful termination case brought by a former management-level employee following complaints regarding classification status of employees and safety of employer’s premises.
• Racial discrimination and retaliation case by a former employee of a media-production company alleging denial of promotion and ultimate termination resulted from complaints regarding treatment by supervisors and co-workers.
• Sex discrimination case brought by a former employee alleging that her termination was the result of the discriminatory application of the company’s attendance policy.
• Racial discrimination and harassment case brought by former high-ranking technology employee alleging disparate treatment by supervisors resulting in termination.
• Racial discrimination and harassment case brought by a former employee alleging that the supervisor repeatedly engaged in harassment and made the decision to terminate the employee following protected complaints.

Wrongful Termination

• Wrongful termination, disability discrimination, and failure to accommodate case brought by former employee alleging that company made the decision to terminate in retaliation for employee sustaining an injury and for complaining about being required to work beyond his physical limitations.
• Age harassment and discrimination case brought by a former employee of a financial institution alleging that the supervisor made the decision to terminate employment based on the plaintiff's age and because the employee raised protected complaints.
• A former employee alleged that the company breached the employment contract by terminating the employee without the requisite good cause required. The former employee asserted claims for breach of contract and Labor Code Section 1102.5 as the employee claimed termination decision resulted from her engaging in protected conduct.
• A former employee asserted claims for age discrimination and wrongful termination following the company's decision to terminate the employee's long-term employment during the COVID shutdown.
• A former employee alleged retaliation, sex discrimination and wrongful termination based on allegation that she was terminated shortly after complaining about conduct of male supervisor and male co-workers.
• Mediated a case involving a former employee who asserted claims for failure to accommodate, failure to engage in the interactive process, disability disrcimination and wrongful termination following termination while on protected leave.
• Mediated a case involving former employees who asserted claims for disability discrimination, failure to engage in interactive process and failure to reasonably accommodate following termination, which occured shortly after extenisve surgery and request for leave.

Bankruptcy

• Mediated PAGA and individual matter post Chapter 11 plan to determine value of unsecured PAGA and related wage and hour claims.

Employment Issues

• Mediated a disability discrimination, retaliation, failure to accommodate and failure to engage in the interactive process case in which a former employee alleged she was demoted following a request for light duty work on account of a serious medical condition.