Photo of Ryan Abernethy

Ryan Abernethy is a shareholder in the firm’s Labor & Employment and Litigation practice groups. Ryan has successfully represented clients in all areas of employment law including the defense of claims involving workplace discrimination, harassment, retaliation, wrongful termination, wage and hour issues, trade secrets infringements and class actions.  He also regularly counsels clients regarding compliance, risk management, policy preparation and training.

Almost exactly one year ago, the California Supreme Court issued its decision in Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), reviewing a decision by the Second Appellate District (the “Appellate Court”) in 2019. As we discussed in our California Employment News episode at that time (available here on YouTube, or here on our podcast) and here on our blog, the Supreme Court’s decision opened the flood-gates for employees to recover waiting-time and wage statement penalties whenever meal or rest period premiums went unpaid. This ruling immediately hyper-inflating the value of many wage and hour class actions across the state. On remand, the Appellate Court halted this inflation in some instances by clarifying that such penalties are not available to a class of employees where the employer has a good faith dispute that the premiums were due.Continue Reading Safe Harbor from Class-Based Waiting Time and Wage Statement Penalties for Employers with “Good Faith Disputes” That Meal or Rest Period Premiums Were Owed — the Latest Chapter in the Naranjo Saga

California recently passed Senate Bill 731 (“SB 731”) into law which significantly expands the automatic sealing eligibility of most felonies that occurred on or after January 1, 2005, if certain circumstances are met. This will impact the type of records employers can lawfully rely upon for hiring decisions after conducting employment background checks.

Continue Reading California Expands Criminal Record Relief

In this episode of California Employment News, Lukas Clary and Ryan Abernethy discuss the regular rate of pay, its unusual features, and the risks of employers getting it wrong.
Continue Reading California Employment News: The Regular Rate of Pay and Risks of Getting it Wrong