1400 Page Mill Road//Palo Alto, CA 94304-1124//United States
Daryl S. Landy focuses on employment litigation and counseling, regularly representing well-known financial services companies and employers from various other industries. Daryl provides experience in a broad range of employment-related litigation, with a particular focus on wage and hour class and collective actions and on single-plaintiff cases in court and in arbitration. Daryl also counsels clients in many aspects of employment law, including discrimination, harassment, wage and hour laws, whistleblower laws, retaliation, and noncompete covenants.
Daryl frequently speaks on a range of labor and employment law issues. He is the current labor and employment practice leader for the Orange County office and past leader for the San Francisco and Palo Alto offices. In addition, he has served on various firm committees.
Won summary judgment in a Private Attorneys General Act (PAGA)-only action in which the plaintiff representative alleged that his employer did not accurately calculate the overtime rate of non-exempt employees.
Won summary judgment in a putative class action and PAGA representative action alleging that plaintiff’s employer failed to accurately calculate the overtime rate of nonexempt loan officers. After oral argument, the Ninth Circuit affirmed.
Defeated class certification including of a PAGA claim in a California wage and hour class action in which financial advisors alleged misclassification. Plaintiff dismissed the action following the denial of certification.
Gender discrimination class action involving branch-based financial advisors alleging that they were denied secondary branch assignments, which in turn negatively impacted their compensation. Plaintiff withdrew class allegations.
Won summary judgment on race-based discrimination and related claims brought by a financial advisor. After oral argument, the Ninth Circuit affirmed.
Motion to dismiss financial advisor’s claims granted where the Court concluded that, based on a Financial Industry Regulatory Authority (FINRA) arbitration award issued in employer’s favor, the res judicata doctrine barred the plaintiff from pursuing his whistleblower retaliation and wrongful termination claims in federal court and dismissed the federal court action with prejudice.
Motion for judgment granted after claimant in FINRA arbitration rested her case alleging reverse age discrimination and wrongful termination.
Won summary judgment on multiple claims of race and sex-based discrimination, resulting in court’s dismissal with prejudice of entire action.
Convinced the plaintiffs to dismiss all claims brought under a theory of joint employer liability on the eve of trial. The plaintiffs originally had filed their case as a putative class action several years earlier, asserting claims on behalf of installation technicians of off the-clock work and other pay practice violations under a theory of joint employer liability. The plaintiffs had opted out of the settlement of the earlier action, and their individual claims were proceeding to trial, along with those of a number of other opt-out plaintiffs.
Won motion for partial summary judgment in a putative class case alleging that flight attendants’ employer’s compensation system failed to pay them minimum wage for all hours worked in California in violation of state law. The district court found that the employer paid the proper wages for all hours worked.
Won summary judgment on terminated chief executive's claims for breach of employment contract and on counterclaims against the plaintiff for violating non-competition agreement.
Awards and Affiliations
Member, Practice Group of the Year, Employment, Law360 (2017, 2019)
Finalist, The Recorder’s Litigation Department of the Year – Labor and Employment (2013)
Fellow, College of Labor and Employment Lawyers (New Inductee, Class of 2018)
Member, Board of Directors, Public Law Center of Orange County
Member, Securities Industry and Financial Markets Association, Legal and Compliance Division
Member, American Bar Association, Labor and Employment Law Section
Member, Orange County Bar Association, Labor and Employment Law Section
Associate Editor, California Law Review
US Court of Appeals for Ninth Circuit
US District Court for the Northern District of California
US District Court for the Central District of California
US District Court for the Eastern District of California
US District Court for the Southern District of California
US District Court for the Western District of Michigan