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Dale R. Kuykendall

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Dale R. Kuykendall is a principal and the office litigation manager for the Sacramento, California, office of Jackson Lewis P.C. His practice focuses on advising and counseling employers in the hiring, supervision and termination of employees.

In addition to his advice and counsel practice, Dale has successfully litigated a wide variety of employment cases through trial, including claims of unfair competition, breach of contract, discrimination, harassment and wrongful termination.

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Both California and federal disability laws require employers to engage in an “interactive process” discussion with employees who have disabilities about potential accommodations. Employees who are unable to work because of an occupational injury may be considered disabled because “working” is a major life activity under California law.  Many employers are used to having the…

Everywhere you turn, Ebola is in the news.  Employers with concerns about the potential workplace implications of Ebola should listen to our complimentary podcast discussing legal and practical issues relating to the virus, including:

  • Steps  to take to ensure OSHA and state workplace health and safety laws are satisfied;
  • Legal compliance challenges that may arise

…

In the June 2014 Iskanian decision, the California Supreme Court carved out an exception to the general rule that class action waivers in arbitration agreements are valid, and concluded that the right to bring representative Private Attorney General Act (“PAGA”) claims cannot be waived through arbitration agreements. PAGA allows individual workers to pursue Labor Code violations against employers in a representative action on behalf of government authorities.
Continue Reading PAGA Waivers may be Enforceable in Federal Courts