A shareholder with the firm, Mr. Tyra's practice emphasizes representation of private and public sector employers in labor and employment law actions as well as providing advice and counsel on labor and employment issues. His practice covers all aspects of labor and employment law, including wage-hour actions, employee leave matters, workplace discrimination and harassment, work place privacy, and unfair labor practice claims. His litigation experience includes representing employers in federal and state courts at the trial and appellate levels and before numerous federal and state agencies. He is an active public speaker on employment topics, having presented numerous times before civic and commercial groups.
Legal Experience
Mr. Tyra has been practicing for more than 27 years in the field of labor and employment law. His practice covers a broad range of labor- and employment-related matters. He also represents clients in business and commercial litigation on matters involving contract and construction-related disputes.
His clients include the State of California, numerous media, real estate, utility, and other private sector companies, along with counties, municipalities, and special districts throughout the State.
Mr. Tyra's practice addresses the spectrum of labor and employment law issues facing employers, including:
· Wage-hour class actions
· Employee leave and compliance with regulations, including:
- California Family Rights Act (CFRA)
- Family Medical Leave Act (FMLA)
- Pregnancy Disability Leave Act (PDL)
- Americans with Disabilities Act (ADA)
· Work place privacy matters, including identify theft
· Employee benefits, including compliance with the Employee Retirement Income Security Act (ERISA)
· Employee handbooks and other personnel policies
· Disciplinary actions
· Employee terminations
· Discrimination and harassment claims
· Employment contracts and arbitration agreements
· Compliance with other state and federal laws, such as:
- Fair Employment and Housing Act (FEHA)
- Fair Labor Standards Act (FLSA)
Mr. Tyra has been with KMTG since April 2005. Prior to joining KMTG, Mr. Tyra was a shareholder in both national and Northern California regional law firms.
Practice Examples
Following are recent examples of legal matters Mr. Tyra has handled for his clients:
· Served as lead counsel for Governor Arnold Schwarzenegger and the State of California in 38 cases filed by public employee unions challenging Governor Schwarzenegger's executive orders furloughing California state employees. Mr. Tyra successfully represented the Governor and the State at the trial court and appellate court levels, including appearing on behalf of the Governor and the State before the California Supreme Court in Professional Engineers in California Government v. Schwarzenegger (2010) 50 Cal.4th 989, in which the Court validated the furloughs of state employees based on the Legislature's ratification of Governor Schwarzenegger's furlough plan.
· Represented the State of California in a class action brought by the State's prison guard union alleging its members were being denied meal and rest breaks. In a published decision, the California First District Court of Appeal ruled that the meal and rest period statutes contained in the California Labor Code, as well as the corresponding provisions contained in the Industrial Welfare Commission's Wage Orders, were inapplicable to public employers. (California Correctional Peace Officers Association v. State of California (2010) 188 Cal.App.4th 646.)
· In a second class action brought by California's prison guard unions, the California First District Court of Appeal ruled in a published decision that the State of California was permitted to use alternative work schedules for its prison guards authorized under the federal Fair Labor Standards Act without incurring overtime liability. (California Correctional Peace Officers Association v. State of California (2010) 189 Cal.App.4th 849.)
· Served as lead counsel for a Northern California electrical utility in a sexual harassment claim. The case, which was heard by a Placer County civil jury, resulted in a unanimous verdict in favor of the defense.
· Served as lead attorney in a federal age discrimination case tried in the United States District Court, Eastern District of California. The case resulted in a non-suit for Mr. Tyra's client with the judge ruling that the plaintiff had not presented sufficient evidence to support the discrimination claim.
· In a wage-hour class action suit brought against a national health care provider, Mr. Tyra was successful in getting the class action dismissed and negotiating an a nominal settlement of the individual plaintiff's claim.
· Defended a large media company in a suit alleging fraud and breach of employment contract. Obtained unanimous defense verdict after a 3 week trial.
Professional Activities & Affiliations
Mr. Tyra frequently speaks on employment and human resources topics such as wage and hour issues, employee leave matters and pending employment and labor-related legislation. He has presented before local civic groups and several human resources continuing education providers including the Council on Education in Management, Lorman Education Services, Sterling Global Human Resources Consulting, and the National Business Institute. Mr. Tyra has spoken at the annual conferences of the California Public Employers Labor Relations Association, the Association of California Water Agencies, and the California State Bar, Labor and Employment Section.
He is well-practiced in moderating conferences and forums and has coordinated and presented numerous in-house law firm seminars and briefings on employment and labor-related matters. His experience includes moderating more than 30 multi-day conferences and forums for different groups including the South Placer and Foothill Employer Advisory Councils. He has also written and published several articles on employment-related matters such as constructive termination, employee leaves and employment arbitration agreements.
Mr. Tyra's professional activities and affiliations include:
· Northern California Super Lawyer (2010, 2011)
· Chair of Legislative Committee, South Placer Employer Advisory Council
· Chair of Legislative Committee, Foothill Employer Advisory Council
· Author, article on "Judicial Hostility" published in the San Francisco Daily Journal (2001)
· Member, California State Bar Association, Labor and Employment Section
· Member, Sacramento County Bar Association, Labor and Employment Section
· Member, American Bar Association
Admitted to Practice
All California State Courts
United States District Court, Eastern, Northern, Central and Southern Districts of California
United States Court of Appeals, Third and Ninth Circuits
United States Supreme Court
Academic Background
B.A. University of California, Santa Barbara, 1981
· Graduated with High Honors
J.D. University of the Pacific, McGeorge School of Law, 1984
· Member, Order of the Coif
Newsroom
· David Tyra named Northern California Super Lawyer
· David W. Tyra speaks candidly in recent interview for Super Lawyers Magazine regarding his legal career and specifically his defense of Governor Arnold Schwarzenegger and the State of California in the furlough litigation that culminated in oral argument before the California Supreme Court
Past Speaking Engagements
11/30/2011, CalPELRA 2011 Annual Conference: Navigating the Alphabet Soup of Employee Leave Laws - A Presentation of Three Case Studies
10/24/2011, From Twitter to Facebook: Avoiding the Risks of Today's High-Tech Workplace
10/13/2011, CSDA Annual Conference: The Electronic Workplace - Traps for the Unwary
10/04/2011, New Developments and Court Decisions You Can't Afford to Miss
06/01/2011, Advanced EEO: New Developments and Court Decisions You Can't Afford to Miss
05/13/2011, Case Study on State Furloughs
02/09/2011, Recent Developments in Employment Law
02/02/2011, Employment Law Update: Legislative Changes for 2011 (Roseville)
01/25/2011, Employment Law Update: Legislative Changes for 2011 (Sacramento)
01/18/2011, Recent Developments in Employment Law
01/18/2011, Employee Leaves
01/12/2011, Recent Developments in Employment Law
11/18/2010, Furloughs, Layoffs and Other Downsizings in An Era of Declining Budgets
07/21/2010, Managing Employment Issues in a Down Economy and Preparing for Better Times
06/02/2010, Managing Employment Issues in a Down Economy and Preparing for Better Times
04/21/2010, Preparing for the Economic Turnaround: Avoiding Recruitment and Hiring Pitfalls
03/12/2010, New Legislation Manufacturers Need to Know and Understand
02/10/2010, Terminations, Layoffs and Downsizing in Today's Tough Economy
09/16/2009, Privacy and the E-Workplace: Practical advice for every employer on how to properly prepare for and respond to employee privacy issues
04/29/2009, 2009 Wage and Hour Compliance Seminar
09/17/2008, Managing Employee Leaves of Absence
07/16/2008, Managing Employee Leaves
10/16/2007, 2007 Developments in California Workplace Law
10/09/2007, Employee Leaves: Managing the Overlap Between FMLA/CFRA/ADA/PDLL/Worker's Compensation
09/12/2007, Workplace Investigation Seminar
12/07/2006, What's New for 2007: Recent Developments in Employment and Labor Law
08/25/2006, Human Resource Policies that Prevent Lawsuits
10/27/2005, 2005 Employment Labor Law Year in Review: Preparing Your Workplace for 2006 and Beyond
Articles
· Religious Practices In The Workplace - Legal or Not?