Joshua D. Kienitz represents and counsels management in all aspects of labor and employment law. He appears in state and federal courts and before the National Labor Relations Board, the Department of Labor, the California Public Employment Relations Board, and the Division of Labor Standards Enforcement and has specific knowledge of claims arising under:
- The California Labor Code, including the Private Attorneys General Act (PAGA)
- The Fair Labor Standards Act
- The National Labor Relations Act
- The Fair Employment and Housing Act (FEHA) and Title VII
- California’s public sector labor relations statutes (including HEERA, EERA and the MMBA)
Among his notable successes, Josh obtained favorable outcomes in a class action trial involving a wage and hour commute time issue, a published California Court of Appeal decision favorably construing the Labor Code meal period/collective bargaining agreement exemption available in certain industries, and a significant decision by the California Public Employment Relations Board regarding the agency's authority to make public employers whole for damages caused by unlawful strike activity.
Additionally, Josh assists clients with contract grievance dispute resolution, arbitration, mediation and the early and cost-effective resolution of single-plaintiff and complex wage and hour and discrimination class actions. He also handles collective bargaining, with the majority of his experience being in the healthcare sector.
Most often Josh works with large California and national employers, including retail establishments, government/public entity employers, healthcare employers, utilities, and construction industry employers. Josh also assists start-ups in FinTech and several gig economy clients.
Previously, Josh taught high school physics in San Jose, California.