Kyle R. Maland is an Associate in Tyson & Mendes’ San Diego Office. His practice focuses primarily on the defense of employment litigation matters throughout California. Mr. Maland has experience representing individuals, private businesses, and public entities in state and federal district courts, as well as administrative proceedings. Mr. Maland defends employment litigation matters such as sexual harassment, employment discrimination, wrongful termination, retaliation, wage/hour claims, class actions and PAGA representative actions. Mr. Maland also provides clients with employment advice, litigation prevention, and assistance with policies and handbooks.
Prior to joining Tyson & Mendes, Mr. Maland gained experience working at two prior law firms, where he was primarily handling employment, administrative, and other matters on behalf of public entities and private 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 and rescue puppy, Lucy. He also enjoys surfing, cooking, traveling, and watching professional football (Go 49ers!).
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…
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…
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.