Orlando Arellano is Senior Counsel in Tyson & Mendes’ Los Angeles office, and works in the Employment Practices group. Mr. Arellano handles a broad range of employment law matters such as harassment/discrimination claims, wrongful termination claims, and wage and hour claims including claims under the California Private Attorney General’s Act. He is also extremely well versed in the complex nuances of class action litigation, and just recently, preemptively de-certified a class action before the plaintiff was able to obtain the list of putative class members, saving the company hundreds of thousands of dollars and avoiding the disruptive class notice procedure. He has further drafted numerous arbitration agreements helping his clients avoid the court system, and preventing class action litigation before it starts.
Mr. Arellano has extensive experience in state, federal, and appellate courts throughout California, and has represented both small and large clients in various industries. Some of the appellate cases Mr. Arellano has worked on led to landscape-changing decisions regarding California employment law.
Mr. Arellano is an experienced and aggressive litigator, and well-liked by his clients. Having represented both sides of the bar, he excels at finding his opponents’ weaknesses and strengthening his clients’ positions.
Mr. Arellano obtained his J.D. from Southwestern University in Los Angeles in 2004. He was admitted to the California Bar in 2004 and is a member of the Los Angeles and Orange County Bar Associations.
During his free time, Mr. Arellano enjoys spending time with his family. He also follows Manchester United, the Los Angeles Kings, and enjoys traveling and auto racing.
For many years wage and hour class actions were commonplace in California. Plaintiffs’ lawyers could conjure up class action complaints from virtually nothing – sometimes completely nothing. One claim that was often added was a claim under the California’s Private Attorney General Act of 2004 (“PAGA”). Since the statute of limitations on a PAGA claim is one year, and the other class action claims often reached back…
A recently decided appeal in the 9th Circuit held the correct causation standard to apply in discrimination cases under the Americans with Disabilities Act (“ADA”) is the “but for” standard rather than the “motivating factor” standard. While not exactly a sea change in employment law, this decision is a welcome relief from the tidal wave of anti-employer statutes and case law in California.
In most employment-based arbitration scenarios, the employee signs an arbitration agreement before starting work — or at some point during his or her employment. The employee then sues the employer for wage claims or some form of wrongful termination claim.
The California Attorneys General Act of 2004, Labor Code section 2698 et seq., often referred to as the “PAGA” is a fairly unique statute. The PAGA statute allows a private party to be “deputized” as a “private attorney general” for purposes of collecting civil penalties for certain enumerated Labor Code violations. Of course, this is in addition to a private party’s right to collect his or her alleged unpaid wages, and other…
Let’s face it. Some administrative procedure requirements in employment law are like locking a door with a Cheeto – pretty pointless. For example, California employees wanting to sue their employers for harassment or discrimination pursuant to the Fair Employment and Housing Act (“FEHA”) must first obtain a “right to sue letter.” Conveniently they can get one automatically by filing a complaint form with the Department of Fair…