Partner David G. Jones has substantial experience in providing advice on labor and employment issues to both employers and employees. Mr. Jones is also well versed in employment litigation, having handled cases, among many others, concerning discrimination, sexual harassment, benefits issues, and retaliation. In the past, Mr. Jones has represented entities such as City and County of Los Angeles and Wal-Mart in employment related matters.
Mr. Jones has drafted, reviewed and negotiated hundreds of employment and severance agreements for employers and employees at all levels, from large companies to small, and executives to rank and file employees. Additionally, Mr. Jones is versed in the drafting of employment policies and employee handbooks. Mr. Jones regularly defends employers in connection with governmental investigations relating to wage and hour and various other employment related compliance inquiries.
With a varied litigation background which includes significant experience in complex civil litigation matters and appellate advocacy before state and federal courts, he is well suited to handle complex business litigation matters. Mr. Jones has a background which includes insurance bad faith defense litigation and substantial exposure to equine law issues, with a focus on thoroughbred horse racing matters.
Always on the forefront of emerging employment issues, Mr. Jones developed arguments adopted in Latona v. Aetna U.S. Healthcare Inc. (C.D. Cal.1999) 82 F.Supp.2d 1089, the first reported California opinion finding that the firing of employees who refuse to sign non-compete agreements constitutes a wrongful termination in violation of the public policy of the State of California. This decision ensured that employees must be shielded from such oppressive conduct by employers.
Mr. Jones also successfully argued and prevailed in Gavin W. v. YMCA (2003) 106 Cal.App.4th 662, a landmark decision regarding liability releases in California. The Court in Gavin W. ruled that child care providers may not contract away their duty to exercise ordinary care in watching children under their supervision. In invalidating the YMCA standard form release, the Court decided that child care releases seeking to absolve providers of their own negligence are void because they affect the public interest, and determined that children needed to be protected and compensated.
More recently, Mr. Jones successfully argued a case before the California Supreme Court in Klein v. United States (2010) 50 Cal.4th 68, a decision with broad implications for both outdoor recreationists and landowners within the State of California. In Klein, the Court sided with outdoor enthusiasts. Simply stated, the Court determined that landowners should not be let off the hook when they negligently injure people in recreational areas. Due to the vigilant efforts of Mr. Jones, recreationists are now protected when they are injured by careless landowners.
Mr. Jones also served as a Settlement Officer for the Los Angeles Superior Court, in its Voluntary Settlement Conference Program from 2009 to 2013.