Neutral Profile

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DANIEL J. TURNER, ESQ.

  • Based in Los Angeles, available in All of California
  • Available for Mediation, Arbitration, and Private Judging assignments

Introduction

During Dan’s career as a lawyer, he has represented both employees and employers in single plaintiff cases, class actions, and representative actions. He has experienced, for both sides, that the benefits of the resolution process far exceed the costs and struggles of litigation, not only from a financial standpoint but also from an emotional and business perspective.

As a dedicated employment neutral, Dan believes that each case comes with its own unique facts and challenges. He understands the key to resolution is to build trust with each party. Dan works to develop this trust by being well prepared, understanding the facts, legal arguments and ultimate goals each party seeks to achieve. Prior to meeting with the parties, Dan dedicates an extensive amount of time analyzing the briefs to familiarize himself with the evidence and arguments and also connecting with the lawyers before the mediation. Dan says, “I am passionate about preparing for each case as if it were my own. This allows me to build trust and establish credibility as their mediator. I want to make sure everyone feels heard and respected. We talk about facts, feelings and the law, it is not just about shuttling numbers.”

Practice Areas

Experience Summary

Dan's background in ADR includes significant experience in all types of employment-related matters.

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Hobbies & Interests

Dan is an avid reader of American History and the Civil War. He coached youth baseball for many years and is involved with the Wilshire Warriors PONY baseball. He is a Chicago native and now lives with his family in Los Angeles, CA.

Website

https://danielturnermediation.com/

Testimonials

"Dan was great. Great follow- up too."
- Attorney on an Employment Wage and Hour case

"Dan is sharp, very knowledgeable, and knows exactly which pressure points to push to reach resolution. Dan’s ability to negotiate a settlement in an unwieldy case brought by multiple plaintiffs with varying claims is just one example of his prodigious skill in managing complex matters and difficult personalities. Whether you are representing a plaintiff or a defendant, you couldn’t hope for a better choice than Dan Turner."
- Attorney on an Employment Discrimination case

"Having worked with dozens of employment mediators over 42 years, it was evident to me within a few hours that Dan is elite. His preparation, analysis, and interpersonal and problem-solving skills were at the highest level. We did not believe our client’s case could be settled. We were surprised when it did. Dan’s creativity, ability to gain the confidence of both sides, follow-up, and persistence were the lynchpins."
- Attorney on an Employment case

"First-time experience with Dan and was very happy with the results. "
- Attorney on an Employment Wage and Hour case

"Daniel is among the top 5 best mediators I have worked with thus far. He was thoughtful, clear, meticulous, and thoroughly familiar with our case, all of which allowed for a meaningful mediation."
- Attorney on an Employment Disability case

Experience Summary

DISCRIMINATION, RETALIATION, AND HARASSMENT


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 harassment case brought by former high-ranking technology employee alleging disparate treatment by supervisors resulting in termination.


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.


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.


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.


WAGE AND HOUR


Multi-plaintiff case brought by former employees alleging employer maintained policies resulting in meal and rest break violations and failure to pay overtime.


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.


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.


CLASS ACTION AND PAGA


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 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.


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 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.


Legal Career

  • Full-time Neutral, Judicate West (2022-Present)
  • Private Mediator, Daniel Turner Mediation (2018-2022)
  • Partner, Van Vleck & Turner LLP (2016-2022); Focused on employment litigation with an emphasis on discrimination, harassment, retaliation, wrongful termination, and failure to accommodate for both employees and employers, with extensive experience in wage and hour matters including class actions.
  • Partner, Van Vleck, Turner & Zaller LLP (2007-2016); Focused on employment litigation with an emphasis on discrimination, harassment, retaliation, wrongful termination, and unfair competition claims.
  • Senior Associate, Carlton, Disante & Freudenberger LLP (2003-2007); Litigated wage and hour class actions, unfair business practices representative actions, and individual employment discrimination, harassment, and other tort and contract claims, with a focus on wage and hour class action claims and individual wrongful termination and discrimination claims.
  • Associate, Trial Department, McDermott, Will & Emery LLP (2001-2003); Focused on commercial and real estate disputes.
  • Litigation Associate, Dewey Ballantine LLP (1999-2001)

Education & Professional Affiliations

  • J.D., University of Michigan Law School (1999)
  • B.A., University of California, Los Angeles; Political Science, Summa Cum Laude (1996)
  • Mediating the Litigated Case – Straus Institute for Dispute Resolution at Pepperdine University (2018)
  • STAR: A Systematic Approach to Mediation Strategies, (2017)
  • United States District Court, Central District, Appointed Panel Member (2018-Present)
  • Equal Employment Opportunity Commission, Appointed Panel Member (2018-Present)
  • Southern California Mediation Association (2018-Present)
  • California Lawyers Association, Labor and Employment Section (2015 – Present)

Achievements & Awards

  • Representative Speaking Engagements Include: "Who has the burden? A discussion of the California Supreme Court's recent decision in Lawson v. PPG Architectural Finishes, Inc." (2022); “2015 year in Review,” California Restaurant Association Los Angeles Chapter (2015); “Understanding California’s New Paid Sick Leave Law,” California Restaurant Association Los Angeles Chapter (2015); “The Affordable Care Act and What It Means For Small Business,” Galardi Group, Inc. (2013)

Legal Experience

  • Employment
  • Class Action
  • Civil Rights
  • Collective Actions
  • Disability
  • Labor Law
  • PAGA

Representative Case Information

Recent Representative Cases

Employment

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.

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

  • 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.

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.

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.

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.

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.

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.

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.