fbpx

Kyle R. Maland - Associate

kmaland@tysonmendes.com

Orange County, CA: (949) 490-4840

San Diego, CA: (858) 459-4400

vCard

Kyle R. Maland is an Associate in Tyson & Mendes’ San Diego and Orange County offices. Mr. Maland focuses his legal career on representing employers of all sizes on a broad spectrum of employment law issues. He has extensive experience in handling employment litigation in state and federal court, as well as before various California agencies.

Mr. Maland’s experience includes defending clients against claims of discrimination, harassment, wrongful termination, retaliation, failure to accommodate, whistleblower retaliation, and breach of employment contract. Mr. Maland also has extensive expertise defending government entities in a wide array of employment claims. Additionally, he aggressively handles both individual and class action wage and hour litigation in matters involving claims of missed meal and rest periods, failure to pay wages and overtime, unlawful deductions, misclassification, and off-the-clock work.

In addition, Mr. Maland advises and counsels his clients on employment issues such as hiring, employment agreements, independent contract law, policies, employee handbooks, leave law, and terminations.

Through his dedicated work ethic, subject matter knowledge and responsiveness, Mr. Maland has achieved numerous cost-effective, favorable results for his clients. Mr. Maland has prevailed on several summary judgment motions, including obtaining summary judgment in a Private Attorney General Act (“PAGA”) and whistleblower retaliation case, a federal civil rights action, a failure to accommodate and failure to engage in interactive process case, and multiple discrimination and retaliation cases arising under the Fair Employment and Housing Act (“FEHA”). He has successfully briefed the opposition to an appeal before the State of California Second Appellate District. Mr. Maland has also successfully briefed and argued numerous demurrers on behalf of his clients.

Mr. Maland earned his J.D. from Thomas Jefferson School of Law, San Diego, in 2013, where he earned a place on the Dean’s List from 2011-2013. He earned his B.A. in Political Science from Arizona State University in 2006. Mr. Maland is admitted to all California State Courts, the United States District Court for the Central District of California, and the United States District Court for the Southern District of California. Mr. Maland is a member of the San Diego County Bar Association.

Outside the office, Mr. Maland enjoys spending time with his wife, son, and rescue puppy, Lucy. He also enjoys surfing, cooking, traveling, and watching professional football (Go 49ers!).

To learn more about life at Tyson & Mendes, please visit our Careers page.

Recent Posts

SB 1383: Small Businesses in California Must Prepare for Expanded Employee Leave Benefits Effective January 1, 2021

On September 17, 2020, Governor Gavin Newsom signed into law new employer requirements for employee leave rights under the California Family Rights Act (CFRA) and the New Parent Leave Act (NPLA). The new law significantly increases the number of California employers subject to the CFRA and NPLA, placing new burdens on small businesses already fighting to keep their doors open.  The change requires California employers with as few as five employees to provide family and medical leave rights to their employees.

Classification of California Gig Workers as Employees Versus Contractors to Be Decided in Upcoming November Election

California Assembly Bill 5 (or AB-5, for short) went into effect on January 1, 2020, brining with it one of California’s most controversial pieces of employment legislation in California history — and one that will significantly impact many industries across California.

COVID-19: What California Employers Ought to Know

The federal government just passed the Families First Coronavirus Response Act (the “Act”) to help employees and businesses facing challenges related to the coronavirus. The law becomes effective 15 days after President Trump signs the bill, which will make the bill effective no later than April 2, 2020. In sum, the Act guarantees free coronavirus testing, secures paid emergency leave, expands FMLA leave, and enhances Unemployment…

AB 51: California Bans Mandatory Employment Arbitration Agreements

On October 10, 2019, California Governor Gavin Newsom signed Assembly Bill 51 (AB 51) into law. AB 51 seeks to reverse a series of court decisions that permit employers to unilaterally impose pre-dispute arbitration agreements on their employees as a condition of new or continued employment. Under AB 51, California employers will now be banned from compelling employees into entering mandatory arbitration…

California’s End to the Independent Contractor?

The battle over the controversial decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles rages on in the California Senate via California Assembly Bill 5 (“AB 5”). AB 5, a sweeping bill backed by California labor unions, would make it much harder for California employers to classify employees as independent contractors, a common practice that has allowed in part certain gig economies to flourish. AB 5, a…

Is There Hope for PAGA Relief After All?

California’s Assembly Bill 1654 (“AB 1654”) provides a PAGA carve-out for unionized construction workers covered by an applicable collective bargaining agreement (“CBA”).  For Now, AB 1654 is limited to the unionized construction industry, which makes up a small section of California’ workforce.  However, its purpose in providing relief from PAGA may serve as a prequel to further relief from PAGA’s oppressive scope.

Copyright © 2021 Tyson & Mendes LLP. All Rights Reserved. Website by Big Behavior.