David D.Kadue

• Listed in Best Lawyers in America (Woodward/White Inc.) for Employment Law - Management (2011-2024); Labor Law - Management (2011-2024); Litigation - Labor and Employment (2014-2024)
• Recognized as a Leading Lawyer in Labor & Employment (California) (2005-2022); and a Senior Statesperson by Chambers USA (2019-2024)

• Recognized as a "Labor & Employment Star" by Benchmark Litigation (Euromoney Institutional Investor) (2020-2021)

• Recognized as a Recommended Attorney for Labor & Employment Litigation, The Legal 500 (Legalese Ltd.) (2011–2018)
• Listed for Employment and Labor (Southern California), Super Lawyers (Thomson Reuters) (2003-2017)

• College of Labor and Employment Lawyers fellow
• Los Angeles County Bar Association, Labor and Employment Section
• Employers Group Legal Committee (2006–2016)

Books

• "Workplace Harassment Law," BNA (2012)
• “Age Discrimination In Employment Law," BNA (2003)
• "Public Employee Privacy: A Legal and Practical Guide To Issues Affecting The Workplace" (1995)
• "Sexual Harassment In Employment Law" (1992 & Supps. 1997, 1999)
• "Primer On Sexual Harassment" (1992)

Book Chapters

• Chapter 2, "The Hiring Process," Merrick Rossein,Employment Law Deskbook for Human Resources Professionals (West Group 2002)
• Chapter 1, "The Legal Context," James J. McDonald, Jr. & Francine B. Kulick, Mental and Emotional Injuries in Employment Litigation (1st ed. 1994)
• "Combating Sexual Harassment at Work, 11 Conditions of Work Digest," Law in the United States (1992)

Annual Editions

• "How California Employment Law is Different," Cal-Peculiarities (1999-2018) (Editor in Chief)
• "Preventing Sexual Harassment: A Fact Sheet for Employees," BNA (1993-2015)

Articles

• Co-Author, "California Dances Away From The Whistleblower Three-Step," Legal Update, Seyfarth Shaw LLP (January 31, 2022)
• Co-Author, "AB 51—Preempted, or Not Preempted? That Remains the Question," Legal Update, Seyfarth Shaw LLP (September 16, 2021)
• Co-Author, "FEHA Promotion Claims Accrue Upon Knowledge Of Denial, And Defendants Get Costs Only If Suit Was Groundless," Legal Update, Seyfarth Shaw LLP (July 29, 2021)
• Co-Author, "California Supreme Court Retroactively Penalizes Employers on Meal and Rest Breaks," Legal Update, Seyfarth Shaw LLP (July 16, 2021)
• Co-Author, "Wage Statements: Tomayto, Tomahto, Call the Whole Thing Off?," Legal Update, Seyfarth Shaw LLP (June 4, 2021)
• Co-Author, "Is Rounding Now Out To Lunch?," Legal Update, Seyfarth Shaw LLP (February 26, 2021)
• Co-Author, "Certain Per Diem Payments Increase The FLSA Regular Rate," Legal Update, Seyfarth Shaw LLP (February 12, 2021)
• Co-Author, "Ninth Circuit Hears Oral Arguments On Employment Arbitration Restrictions," Legal Update, Seyfarth Shaw LLP (December 21, 2020)
• Co-Author, "California ABC Test Not FAAAA-Preempted," Legal Update, Seyfarth Shaw LLP (November 30, 2020)
• Co-Author, "California Supreme Court Declines To Rein In PAGA Plaintiff’s Standing," Legal Update, Seyfarth Shaw LLP (March 30, 2020)
• Co-Author, "State Enforcement of AB 5 Against Motor Carriers Preliminarily Enjoined," Legal Update, Seyfarth Shaw LLP (January 17, 2020)
• Co-Author, "Plaintiff Strikes Out in Tort Suit Against River Cats Baseball," Legal Update, Seyfarth Shaw LLP (September 27, 2019)
• Author, "Zombie Apocalypse? Another (Unconstitutional?) California Assault on Arbitration," Legal Update, Seyfarth Shaw LLP (October 10, 2019)
• Co-Author, "PAGA Claims Limited to Recovery of Civil Penalties," Legal Update, Seyfarth Shaw LLP (September 19, 2019)
• Co-Author, "California Invalidates Wage Arbitration Agreement, Inviting U.S. Supreme Court Review," Legal Update, Seyfarth Shaw LLP (September 3, 2019)
• Co-Author, "California Supreme Court Rejects Conversion Claim for Unpaid Wages," Legal Update, Seyfarth Shaw LLP (August 26, 2019)
• Co-Author, "Is 'Calling It In' Really 'Reporting For Work'?," Management Alert, Seyfarth Shaw LLP (February 12, 2019)
• Co-Author, "Employer Wins A Round In Wage Case," Management Alert, Seyfarth Shaw LLP (December 18, 2018)
• Co-Author, "Provisions Limiting Relief and Requiring Strict Confidentiality Doom Arbitration Agreement," Management Alert, Seyfarth Shaw LLP (November 12, 2018)
• Co-Author, "Certified Tire: Not Your Average Compensation System," One Minute Memo, Seyfarth Shaw LLP (October 10, 2018)
• Co-Author, " Uber Epic: Arbitration Agreement Topples Class Claims," One Minute Memo, Seyfarth Shaw LLP (October 1, 2018)
• Co-Author, "Unlikely Ally: Employer Makes a Meal Out of CBA Waiver," Management Alert, Seyfarth Shaw LLP (August 16, 2018)
• Co-Author, "Silver Lining in a California Wage and Hour Cloud," One Minute Memo, Seyfarth Shaw LLP (May 16, 2018)
• Co-Author, "Staffing Agency Class Settlement Bars Subsequent Case Against Agency’s Client," One Minute Memo, Seyfarth Shaw LLP (April 20, 2018)
• Co-Author, "Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed," One Minute Memo, Seyfarth Shaw LLP (January 2, 2018)
• Co-Author, "Paltry Prerequisites for PAGA Penalty Paystub Plaintiffs," Management Alert, Seyfarth Shaw LLP (September 29, 2017)
• Co-Author, "'Coercive' And 'Disturbing' Arbitration Agreement Upheld Over Labor Commissioner’s Protest," One Minute Memo, Seyfarth Shaw LLP (August 24, 2017)
• Co-Author, "When Is a Civil Penalty Not a Civil Penalty?," One Minute Memo, Seyfarth Shaw LLP (August 9, 2017)
• Co-Author, "Hirer of Independent Contractor Not Liable to Injured Contractor Employee," Management Alert, Seyfarth Shaw LLP (July 24, 2017)
• Co-Author, "California Supreme Court Defines “Day of Rest” Requirements," Management Alert, Seyfarth Shaw LLP (June 1, 2017)
• Co-Author, “Refusal to Rescind Employee’s Resignation Not an Adverse Employment Action,” Management Alert, Seyfarth Shaw LLP (April 20, 2017)
• Co-Author, “California Supreme Court Invalidates Contractual Waivers Of Public Injunctive Relief,” Management Alert, Seyfarth Shaw LLP (April 11, 2017)
• Co-Author, “Court of Appeal Upholds LAPD Recruits’ Failure to Accommodate Claim,” One Minute Memo, Seyfarth Shaw LLP (February 16, 2016)
• Co-Author, “CBAs Must Specifically State Intent to Arbitrate Statutory Rights,” One Minute Memo, Seyfarth Shaw LLP (February 10, 2017)
• "National Airline Flies Past California Peculiarities,” One Minute Memo, Seyfarth Shaw LLP (January 19, 2017)
• Co-Author, “Courts to Consider Theories, Not Facts, on Certification,” Management Alert, Seyfarth Shaw LLP (November 29, 2016)
• Co-Author, “Opposing Employer Actions Directed at General Public Not Protected Activity,” One Minute Memo, Seyfarth Shaw LLP (November 18, 2016)
• Co-Author, “Wage Statements Need Not Reflect Value of Accrued Vacation,” One Minute Memo, Seyfarth Shaw LLP (October 31, 2016)
• Co-Author, English-Only Arbitration Agreement Deemed Unenforceable,” One Minute Memo, Seyfarth Shaw LLP (September 14, 2016)
• Co-Author, “California Supreme Court Says Retiring Employees Must Be Paid Promptly,” One Minute Memo, Seyfarth Shaw LLP (August 22, 2016)
• Co-Author, “Absent Express Contract, Arbitrator, Not Court, Rules On Class Arbitrability,” One Minute Memo, Seyfarth Shaw LLP (August 1, 2016)
• Co-Author, “Personnel Investigation By Outside Attorney Protected From Disclosure In Discovery,” One Minute Memo, Seyfarth Shaw LLP (July 8, 2016)
• Co-Author, “Employer Policy Failure Precludes Summary Judgment on Discrimination Claim,” Management Alert, Seyfarth Shaw LLP (June 28, 2016)
• Co-Author, "Reasonable Accommodation Protections Expanded to Non-Disabled Employees," One Minute Memo, Seyfarth Shaw LLP (April 13, 2016)
• Co-Author, "No Joke: Amendments To FEHA Discrimination Regulations Effective April 1!," Management Alert, Seyfarth Shaw LLP (March 8, 2016)
• Co-Author, "For Reasonable Accommodation Claims, Employer Intent May Be Irrelevant to Liability," One Minute Memo, Seyfarth Shaw LLP (March 3, 2016)
• Co-Author, "Governor Signs Burdensome Piece Rate Legislation," Legal Update, Seyfarth Shaw LLP (October 14, 2015)
• Co-Author, "Surprisingly Good News: California Supreme Court Upholds Arbitration Agreement," One Minute Memo, Seyfarth Shaw LLP (August 10, 2015)
• Co-Author, "'Don’t Mess with Texas' (Choice of Law Provisions)" One Minute Memo, Seyfarth Shaw LLP (July 7, 2015)
• Co-Author, "Court Rubs Out Masseuse’s Claim For Failure To Prevent Harassment," One Minute Memo, Seyfarth Shaw LLP (March 13, 2015)
• Co-Author, "Supreme Court Declines to Address “Honest Belief” Defense to CFRA Claims," One Minute Memo, Seyfarth Shaw LLP (February 18, 2015)
• Co-Author, “Considering The Calif. High Court's Employment Cases,” Law360 (February 17, 2014)
• Co-Author, "California Dreaming: Getting Paid For Sleeping On The Job," One Minute Memo, Seyfarth Shaw LLP (January 13, 2014)
• Co-Author, "Electronic Agreement to Arbitrate Bytes Employer," One Minute Memo, Seyfarth Shaw LLP (January 5, 2015)
• Co-Author, "Court, Not Arbitrator, Decides If Arbitration Proceeds As Class Claim," One Minute Memo, Seyfarth Shaw LLP (November 25, 2014)
• Co-Author, "Definition of “Employment” Differs According to Claim Being Made," One Minute Memo, Seyfarth Shaw LLP (October 28, 2014)
• Co-Author, "Court Gives Some Employers A Break On Meal Period Flexibility," One Minute Memo, Seyfarth Shaw LLP (September 12, 2014)
• Co-Author, "California Supreme Court Serves Slice of Advice on Franchisor FEHA Liability," Management Alert, Seyfarth Shaw LLP (September 5, 2014)
• Co-Author, "California Supreme Court Construes “Commissioned Employee” Exemption To Favor Employees," Management Alert, Seyfarth Shaw LLP (July 18, 2014)
• Co-Author, "Shopping For Employer Support? Ninth Circuit Upholds Employee Class Action Waivers," Management Alert, Seyfarth Shaw LLP (June 30, 2014)
• Co-Author, "The FMLA Gets a 'Second Opinion'," One Minute Memo, Seyfarth Shaw LLP (April 22, 2014)
• Co-Author, "Ninth Circuit Rules That 'If You Want FMLA Leave, You Had Better Request It'," One Minute Memo, Seyfarth Shaw LLP (March 3, 2014)
• Co-Author, “Ninth Circuit Delivers $700,000 In Attorney’s Fees To UPS Employee With Damages Of Less Than $30,000,” Management Alert, Seyfarth Shaw LLP (December 19, 2013)
• Co-Author, “California Courts Continue to Resist Federal Policy Favoring Arbitration," Management Alert, Seyfarth Shaw LLP (October 22, 2013)  
• Co-Author, "Considerations For The Call Of Duty," Management Alert, Seyfarth Shaw LLP (July 15, 2013)
• Co-Author, “Court Of Appeal Reminds Employers That Exempt Status Is Determined By Compensation Scheme As Well As Job Duties,” One Minute Memo, Seyfarth Shaw LLP (May 23, 2013) 
• Co-Author, "Court of Appeal: A Common Unlawful Policy May Be Sufficient For Class Certification," Management Alert, Seyfarth Shaw LLP (May 21, 2013)
• Co-Author, “Court Of Appeal Clarifies Protections Afforded By California False Claims Act,” One Minute Memo, Seyfarth Shaw LLP (February 13, 2013) 
• Co-Author, “California Supreme Court Upholds “Mixed-Motive” Defense Under The FEHA,” Legal Update, Seyfarth Shaw LLP (February 8, 2013)
• Co-Author, “Retail Detail: The Conflict in the Circuits Regarding Religious Accommodations Continues,” Retail Detail, Seyfarth Shaw LLP (January 29, 2013)
• Co-Author, “Arbitration Agreements Providing For Provisional Remedies May Be Proper,” One Minute Memo, Seyfarth Shaw LLP (January 10, 2013)
• Co-Author, “Goodbye, FEHC; Welcome New Disability and Pregnancy Regulations,” Management Alert, Seyfarth Shaw LLP (January 2, 2013)
• Co-Author, “Court of Appeal Gives Favorable Guidance To Employers On Temporary Light-Duty Assignments And Essential Job Functions,” One Minute Memo, Seyfarth Shaw LLP (December 20, 2012)
• “California Court Invents New Spell To Resuscitate Zombie Anti-Arbitration Ruling,” One Minute Memo, Seyfarth Shaw LLP (December 3, 2012)
• Co-Author, “Morgan v. Wet Seal, Inc.,” One Minute Memo, Seyfarth Shaw LLP (November 14, 2012)
• Co-Author, “California Court Approves Federal Time-Rounding Practices,” One Minute Memo, Seyfarth Shaw LLP (October 30, 2012)
• Co-Author, “Court of Appeal Rings the Bell for California Employers: Vacation Benefits May Be Paid At A Rate Less Than Employee’s Normal Rate of Pay,” One Minute Memo, Seyfarth Shaw LLP (September 20, 2012)
• Co-Author, “California Court Finds Wrongful Termination Tort Too Desperate, But Permits Statutory Claim For Disparate Treatment,”Management Alert, Seyfarth Shaw LLP (August 21, 2012)
• Co-Author, “Enforceability of Handbook Arbitration Provisions Called Into Question,” Management Alert, Seyfarth Shaw LLP (August 8, 2012)
• Co-Author, “California Court Splits in Favor of Employers and Confirms Broad Scope of Arbitration Class Waiver Provisions,” One Minute Memo, Seyfarth Shaw LLP (June 8, 2012)
• “Preventing En garde: Don’t Ignore the Obvious when Preparing to do Battle in Deposition,” LA & SF Daily Journal, December 12, 2001, at 8 (Verdicts & Settlements supplement)
• “An Affair to Remember: The Use and Misuse of Rumors in the Workplace to Prove a Sexually Hostile Environment,” 17Empl. Disc. Rept. BNA 512 (October 24, 2001)
• “Animus Assessment: Workers’ Compensation Preemption of Emotional Distress Claims,” LA & SF Daily Journal, (March 21, 2001, at 17) (Supplement on Verdicts & Settlements)
• “Arbitrate On [re drafting arbitration agreements],” LA & SF Daily Journal, Verdicts & Settlements, (Dec. 15, 2000 at 12).
• “Boss, Meet My Lawyer: Dealing With The Represented Employee,” California Labor Letter, (June 2000, at 8-10)
• “Talk to My Lawyer,” House Counsel Magazine, (July/August 2000, at 33-34)
• “Supreme Court Clarifies Employer Liability Under Title VII for Supervisor’s Sexual Harassment ofSubordinate,” 11 Empl. Disc. Rept. BNA 112 (1998)
• “Automatic Weapon: State Hostile Environment Law Should be Friendlier to Non-Negligent Employers,” LA Daily Journal (July 9, 1998, at A6)
• “Head Cases: Differing Definitions of Mental Disability Under State and Federal Law,” LA & SF Daily Journal (April 16, 1998)
• “Nothing Personal: Individual Supervisors May Now Have a Shield Against Claims of Discrimination, Aiding and Abetting and Intentional Infliction of Emotional Distress,” LA & SF Daily Journal, (November 18, 1996) at 18 (Supplement on California Law Business)
• “Singled Out—When Is An Individual Manager or Supervisor Exposed to Liability in An Employment Claim?” LA & SF Daily Journal, July 27, 1995, at 26 (Supplement on The Workplace In Transition)
• “Workers’ Compensation Exclusivity—A Return to Basics,” LA & SF Daily Journal, (Nov. 17, 1994, at A7)
• “Trend Towards Requiring Union-Represented Employees to Arbitrate Employment Discrimination Claims,” 2 Employment Discrimination Report (BNA 594 (May 11, 1994)
• “After-Acquired Evidence as a Defense In Wrongful Discharge Actions,” 44 Lab. L.J. 531 (1993)
• “An Employer’s Guide to the Americans With Disabilities Act: From Job Qualifications to Reasonable Accommodations,” 24 John Marshall L. Rev. 693 (1991)
• “An Employer’s Guide to the Americans with Disabilities Act,” 42 Lab. L.J. 323 (1991)
• Other publications include numerous outlines prepared for distribution at talks for human resources managers and attorneys on such topics as California contract law, drug testing, employee privacy, sexual harassment, wrongful dismissal, employment discrimination, and the Americans with Disabilities Act. 

• Speaker, Point Two L&E Nation Podcast, A Tribute to David Kadue, Architect of Seyfarth's California Peculiarities Publication, Seyfarth Shaw LLP (September 21, 2021)