David Urban

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David Urban represents organizations in all aspects of labor and employment law. He has successfully defended employers in cases involving alleged discrimination and retaliation, disability, medical leave, privacy, trade secrets, and alleged violation of wage and hour laws such as the Fair Labor Standards Act ("FLSA") and California's Wage Orders and meal and rest break laws. He has successfully represented government agencies in lawsuits alleging deprivation of constitutional rights, including lawsuits under 42 U.S.C. section 1983.

Latest Articles

This post was authored by David Urban. Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong.  The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment Rule.”  The rule certainly sounds dark and fateful.  Perhaps courts intend it to be, because the rule serves to deter disgruntled…
The post was authored by David Urban. Controversies over free speech, disruptive protests, sharp debates among faculty, withdrawal of invitations to controversial speakers, and interference with rights of expression happen just as much at private as at public colleges and universities. The difference, however, is that the First Amendment to the U.S. Constitution binds only public actors.  At a public college or university, students and employees can assert First Amendment claims against the institution…
This post was authored by David Urban. Social media and the First Amendment is a fascinating and quickly-developing area of the law. All types of business organizations have a social media presence, for example, a Twitter page or Facebook account, and often on their own websites invite the public to comment.  The same is true for news sources, from the most well-established like The New York Times and Los Angeles Times, to personal blogs…
This post was authored by David Urban. The stock market is at all-time highs, and unemployment and inflation are low. For many California public sector employers, the strengthened economy means more hiring.  Although this is good news, the hiring process does carry legal risks, just as did downsizing and other similar matters in bad economic times. Here are six areas of the hiring process in the public sector that deserve particular attention from a…
Violent and tragic events in Charlottesville, and the intense national debate that followed, have put the issue of hate speech at the forefront of the public’s attention.  A number of publications have addressed the issue of when a private employer can discharge an employee who, on the employee’s own time, participates in organized hate speech.  Publications have been careful to narrow their analysis to private employers because the issues for public employers are more complex. …
Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong.  The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment Rule.”  The rule certainly sounds dark and fateful.  Perhaps courts intend it to be, because the rule serves to deter disgruntled litigants from appealing while the trial court case…
A newly-elected official is going to want to fill top posts in their organization with persons committed to the official’s vision for the future.  In the same way, a top official after a period of months or years may want to change key lieutenants because of political differences.  Indeed, this ability to pick and choose among key advisers and high-level posts in a public organization has long been a traditional element of politics. But sometimes,…
One of the most contentious issues in higher education continues to be how to punish and deter student-to-student sexual assault, protect students and assault survivors, and at the same time fully honor the legal rights of all concerned.  Title IX of the Education Amendments of 1972 prohibits institutions of higher education from discriminating “on the basis of sex.”  The federal Department of Education, Office for Civil Rights (“OCR”) has in recent years aggressively applied this…
A couple of years ago we blogged about Amicus Curiae briefs, their role in the appellate law, and how they can benefit California’s employers. Since our original post, we witnessed a number of cases in which Amicus Curiae briefs played a significant role in landmark cases.  Such briefs continue to be an important way for employers, and in particular public employers, to help shape the law.  Accordingly, we thought it would be helpful to re-visit…
Christianity, Judaism, Islam, Buddhism, and Hinduism are typically cited as the major religions of the world, although there are many others that have tens of millions of adherents or more.  The United States has no official established religion, and instead since its founding has guaranteed its citizens the right to free choice and exercise of religion. For state agencies and local governments, these principles are not just abstractions but can come up in daily work. …