Matthew C. Kane

Partner

Related Content

Practices
Industries
Education
  • Pepperdine University School of Law, JD, 1994
  • Boston University School of Management, BSBA, 1991
Admissions
  • California
  • District of Columbia
  • U.S. Court of Appeals for the 2nd Circuit
  • U.S. Court of Appeals for the 5th Circuit
  • U.S. Court of Appeals for the 9th Circuit
  • U.S. Court of Appeals for the 10th Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas
Affiliations

Member, Labor & Employment and Litigation Sections, California State Bar

Member, Litigation and Labor & Employment Sections, Los Angeles County Bar Association

Member, District of Columbia Bar

Mediator, Los Angeles County Superior Court ADR Neutral Panel, 2005-2007

Attorney Settlement Officer, U.S. District Court, Central District of California, 2005-2007

Matt leads the labor & employment practice group in our Los Angeles office, and also is a member of our firm’s Complex Commercial Litigation Department. His practice focuses on representing businesses in preventing, litigating, and resolving employment-related claims, wage and hour class actions and collective actions, misappropriation of trade secrets and non-competition agreement claims, labor-management relations issues, and general commercial litigation. Matt has significant experience representing clients in the financial services, transportation, food and beverage manufacturing and distribution, telecommunications, employee staffing and retail sales industries.

In addition to his private practice experience, Matt previously worked as in-house counsel for the Kroger Co. In that role, he managed all employment-related and consumer compliance issues and litigation involving the approximately 35,000 employees, 500 retail stores, three distribution centers, and four manufacturing and food processing plants of Kroger’s Ralphs Supermarkets, Food 4 Less, Foods Co., Cala Foods and Bell Markets divisions located in California, Nevada, Illinois and Indiana.

Drawing on this extensive experience, Matt provides candid and pragmatic counsel and representation to business clients ranging from small organizations to Fortune 500 companies. Since 2009, he has served as lead national wage and hour class action defense counsel for one of the largest financial institutions in the United States. His practice is national in scope, representing clients in courts throughout the United States, including in California, Illinois, Kansas, Nevada, New York, Texas and Washington.

In the News

Matthew C Kane
vCard
T: +1 310 315 8295F: +1 310 956 31951800 Century Park East
8th Floor
Los Angeles, CA 90067-1501
T: +1 415 844 1945F: +1 415 844 1923Two Embarcadero Center
Suite 1300
San Francisco, CA 94111-3821
Wage & Hour Class Actions / Collective Actions

Representing national foodservice distribution company in wage and hour class action alleging claims on behalf of California truck drivers for minimum wage violations, meal break violations and inaccurate wage statement violations. (U.S.D.C., C.D. Cal.)

Representing national foodservice distribution company in representative action brought by former truck driver employee under California Labor Code Private Attorney General Act seeking penalties for minimum wage violations, inaccurate wage statement violations, late payment of wages, meal and rest break violations, and failure to pay terminal wages. (U.S.D.C., N.D. Cal.)

Representing janitorial, sanitation and commercial laundry supply company in putative wage and hour class action alleging claims brought on behalf of California delivery truck drivers for unpaid wages and meal and rest break violations. (U.S.D.C., S.D. Cal.)

Representing national wireless telecommunications company in nationwide collective action and California class action alleging claims on behalf of retail store hourly employees for minimum and overtime wage violations, violations of California’s meal and rest break laws, failure to reimburse business expenses, and inaccurate wage statements. (U.S.D.C., N.D. Cal.)

Representing national motor carrier in wage and hour class action brought on behalf of California truck drivers asserting claims of minimum wage violations based on formula compensation program and violations of California’s meal and rest break laws. (U.S.D.C., N.D. Cal.)

Representing national warehouse and distribution logistics services provider in wage and hour class action brought on behalf of outsourced California warehouse workers asserting claims of minimum and overtime wage violations, violations of California’s meal and rest break laws, and inaccurate wage statements. (U.S.D.C., C.D. Cal.)

Representing national motor carrier in representative action brought by former hourly employee under California Labor Code Private Attorney General Act seeking penalties for untimely payment of wages and unlawful recapture of previously-paid wages. (San Bernardino County Superior Court)

Representing janitorial, sanitation and commercial laundry supply company in wage and hour class action alleging claims brought on behalf of California account managers for unlawful deductions from commission wages and failure to reimburse business expenses. (San Francisco County Superior Court)

Representation of national wireless telecommunications company in favorable resolution of putative class action brought by retail store employees alleging failure to provide suitable seating in violation of California wage order. (U.S.D.C., N.D. Cal.)

Representation of national financial services firm in proceedings denying plaintiff’s motion for FLSA conditional certification and Rule 23 class certification on claims based on alleged misclassification of financial advisors as exempt from overtime compensation, and later granting motion to strike representative action allegations. Litty vs. Merrill Lynch & Co., Inc., et al., 2014 WL 5904907 (C.D. Cal. Aug. 4, 2014), and 2014 WL 5904904 (C.D. Cal. Nov. 10, 2014).

Representation of national temporary staffing services provider in proceedings granting motion for partial judgment on the pleadings on putative wage and hour class action claim for late payment of wages under California Labor Code section 201.3, finding that timely payment of wages occurred upon mailing rather than receipt of paycheck and that waiting time penalties are not recoverable other than for late payment of final wages. Willner vs. Manpower Inc., 35 F.Supp.3d 1116 (N.D. Cal. 2014).

Representation of national motor carrier in proceedings granting motion to dismiss with prejudice putative wage and hour class action claims asserting violations of California meal break laws on ground that such claims were preempted by Federal Aviation Administration Authorization Act. Rodriguez, et al. vs. Old Dominion Freight Line, Inc., 2013 WL 6184432 (C.D. Cal. Nov. 27, 2013).

Representation of national bank in hybrid putative FLSA collective action and Rule 23 New York Labor Law class action alleging off-the-clock overtime violations on behalf of employees in one New York county, which was favorably resolved on a non-class basis while motion to dismiss was pending. (U.S.D.C., E.D.N.Y.)

Representation of national grocery distribution company in favorable resolution of putative wage and hour class action brought on behalf of warehouse employees asserting claims that the employer failed to properly calculate and pay overtime compensation using recalculated regular rate accounting for bonus compensation and committed meal break violations. (Los Angeles County Superior Court)

Representation of national bank in proceedings granting motion to dismiss with prejudice in putative class action brought by bank tellers alleging failure to provide suitable seating in violation of California wage order on grounds of National Bank Act preemption. Green, et al. vs. Bank of America, N.A., et al., 2013 WL 4614122 (C.D. Cal. May 30, 2013).

Representation of national motor carrier in favorable resolution of putative wage and hour class action brought on behalf of truck drivers asserting violations of California meal break laws on an individual basis by leveraging infirmities created by the plaintiff’s separate pursuit of a wrongful termination lawsuit against the motor carrier. (Los Angeles County Superior Court)

Served as co-lead defense counsel for national bank in multidistrict litigation (MDL) proceeding that included over 20 transferred class and collective actions asserting nationwide and state-specific wage and hour claims. Defeated motion for class certification of California and Washington off-the-clock claims for overtime, minimum wages and derivative statutory violations. In Re: Bank of America Wage and Hour Employment Litigation, 286 F.R.D. 572 (D. Kan. 2012).

Representation of national medical radiology services provider in proceedings granting partial summary judgment in putative wage and hour class action brought on behalf of MRI technicians on claims for alleged missed second meal periods, pre- and post-shift off-the-clock work, overtime miscalculation, inaccurate wage statements, untimely payment of final wages, and certain civil penalty claims, and resulting resolution of action on very favorable terms. (U.S.D.C., C.D. Cal.)

Representation of national bank in proceedings granting motion to compel individual arbitration of named plaintiff’s misclassification and off-the-clock claims in putative class action brought on behalf of mortgage loan officers based on arbitration agreement entered into by named plaintiff with predecessor employer that was silent as to whether class arbitration is permitted. (Los Angeles County Superior Court)

Representation of national bank in proceedings granting motion to dismiss with prejudice in putative class action alleging violations of New York Human Rights Law on ground that claims based on employee terminations for having criminal records are preempted by the FDIC Act. Smith vs. Bank of America Corp., 865 F.Supp.2d 298 (E.D.N.Y. 2012).

Representation of national foodservice distribution company in proceedings granting motion for judgment on the pleadings in putative wage and hour class action brought by truck drivers alleging violations of California meal and rest break laws on ground that all claims were preempted by Federal Aviation Administration Authorization Act. Peck vs. Kenneth O. Lester Company, Inc., Kern County Superior Court (March 2012).

Representation of national foodservice distribution company in proceedings granting motion to dismiss with prejudice putative wage and hour class action brought by truck drivers alleging violations of California meal break laws on ground that all claims were preempted by Federal Aviation Administration Authorization Act. Esquivel, et al. vs. Vistar Corp., et al., 2012 WL 516094 (C.D. Cal. Feb. 8, 2012).

Representation of national bank in hybrid putative nationwide FLSA collective action and statewide Rule 23 New York Labor Law class action alleging off-the-clock overtime violations, which was narrowed to being pursued on behalf of employees in only one New York county in response to threatened motion to dismiss, and then favorably resolved on a non-class basis. (U.S.D.C., E.D.N.Y.)

Representation of national mortgage originator in proceedings granting motion to compel arbitration of putative off-the-clock wage and hour class and collective action approximately two years after commencement of the litigation. (U.S.D.C., C.D. Cal.)

Representation of national bank in proceedings granting motion to dismiss with prejudice in putative nationwide collective action brought on behalf of mortgage loan officers allegedly misclassified as exempt under the FLSA on ground that the action was barred under the doctrine of judicial estoppel because the named plaintiff failed to disclose his wage claims in an earlier-filed Chapter 13 personal bankruptcy proceeding. (U.S.D.C., S.D. Tex.)

Representation of national foodservice distribution company in proceedings denying plaintiffs’ motion for partial summary judgment seeking ruling that preemption defense based on Federal Aviation Administration Authorization Act (FAAAA) had no merit in putative representative action brought by 40 truck drivers under California’s Labor Code Private Attorney General Act (PAGA) premised on alleged violations of California’s meal and rest break laws, and obtained favorable ruling that FAAAA’s motor vehicle safety exception to preemption does not apply to those break laws. Cardenas, et al. vs. McLane Foodservice, Inc., et al., 796 F.Supp.2d 1246 (C.D. Cal. 2011).

Representation of national grocery distribution company in proceedings denying motion for class certification in putative wage and hour class action alleging claims by truck drivers for fraud, unpaid wages, meal and rest break violations, and related claims under California Labor Code. Court thereafter granted defense motion for summary judgment against named plaintiffs and awarded over $1 million in prevailing party attorneys’ fees against them.Seymour, et al. vs. McLane Company, Inc., et al., 2009 WL 5841098 (C.D. Cal. March 30, 2009), and 2011 WL 165385 (C.D. Cal. Jan. 18, 2011), affirmed 519 Fed.Appx. 489 (9th Cir. 2013).

Representation of national bank in hybrid putative FLSA collective action and Rule 23 New York Labor Law class action asserting overtime claims on behalf of allegedly misclassified loan officers which was voluntarily dismissed in response to threatened motion to dismiss based on putative class representative’s individual claims being time-barred and/or released. (U.S.D.C., S.D.N.Y.)

Representation of national temporary staffing services provider in proceedings granting defense motion for summary judgment in putative wage and hour class action alleging that employer’s vacation policy unlawfully caused forfeitures of employees’ allegedly vested vacation wages. Harris vs. Manpower Inc., 2010 WL 3942781 (S.D. Cal. Oct. 7, 2010).

Representation of timeshare resort developer in resolving hybrid FLSA collective action and Nevada state law Rule 23 class action alleging misclassification overtime claims brought on behalf of timeshare resort salespeople, after defeating plaintiffs’ attempt to conditionally certify nationwide FLSA collective action and limiting conditionally certified collective to only individuals employed in Nevada. (U.S.D.C., D. Nev.)

Representation of national financial services firm in proceedings granting defense motion for judgment on the pleadings or, alternatively, partial summary judgment on all claims asserted in putative wage and hour class action alleging unlawful forfeiture of allegedly vested compensation under incentive compensation plans. Callan, et al. vs. Merrill Lynch & Co., Inc., et al., 2010 2010 WL 3452371 (S.D. Cal. Aug. 30, 2010).

Representation of international maritime port operator in proceedings finding that non-class representative action proceeding allowed in state court for claims brought on behalf of “aggrieved employees” under California Labor Code Private Attorney General Act (PAGA) is preempted by FRCP Rule 23 when brought in federal court, and that such representative claims can only be pursued if the plaintiff obtains class certification under FRCP Rule 23. Court previously denied plaintiff’s motion to strike affirmative defenses finding that the heightened pleading standards announced by the U.S. Supreme Court in its Twombly and Iqbal decisions apply only to the allegations of a plaintiff’s complaint, and not to the allegations of affirmative defenses in a defendant’s answer. Thompson vs. APM Terminals Pacific Ltd, 2010 WL 6309364 (N.D. Cal. Aug. 26, 2010).

Representation of national bank in proceedings seeking production of statewide putative class members’ contact information in hybrid putative FLSA collective action and Rule 23 California Labor Code class action alleging off-the-clock overtime and related claims, obtaining order limiting production to only the two locations where the named plaintiff had actually worked and then only after utilization of a court-approved Belaire West notice to those putative class members. Franco vs. Bank of America, N.A., 2009 WL 8729265 (S.D. Cal. Dec. 1, 2009).

Representation of national foodservice distribution company in proceedings denying motion for class certification in putative wage and hour class action alleging claims by truck drivers for unpaid wages, meal and rest break violations, and related claims under California Labor Code. Hurtado, et al. vs. McLane Foodservice, Inc., et al., 2009 WL 5841098 (C.D. Cal. March 30, 2009).

Representation of national mortgage originator in proceedings granting defense motion for summary judgment on all but two of plaintiff’s putative class action claims for overtime, meal and rest break, and related violations of California Labor Code brought on behalf of allegedly misclassified mortgage underwriters. Case then resolved on favorable terms at early mediation. (U.S.D.C., N.D. Cal.)

Managing in-house counsel and co-counsel of record in proceedings affirming trial court order sustaining demurrers to class action claims challenging legality of profit-based bonus plans, and granting $275,000 prevailing party attorneys’ fees award against plaintiff who brought such claims. Prachasaisoradej vs. Ralphs Grocery Company, 42 Cal.4th 217 (2007), and 2008 WL 344218 (Cal. App. 2d Dist. Feb. 8, 2008).

Managing in-house counsel in proceedings affirming order granting motion for judgment on the pleadings based on NLRA preemption in wage and hour class action alleging claims for retaliation based on plaintiffs’ participation in two prior wage and hour class actions. Cychner et al. vs. Food 4 Less Holdings, Inc. et al., 2006 WL 1163772 (Cal. App. 2d Dist. May 3, 2006).

Managing in-house counsel and co-counsel of record in putative class action challenging legality of profit-based bonus plans. Ralphs Grocery Company vs. Superior Court (Swanson), 112 Cal.App.4th 1090 (2004).

Single-Plaintiff, Trade Secrets & Non-Compete Employment Litigation

Representation of employers in defending against employee claims asserting wrongful termination, breach of contract, and unlawful harassment, discrimination and retaliation, including compelling arbitration of such claims.

Prosecution and defense of misappropriation of trade secrets, unfair competition, and breach of non-compete and non-solicitation agreement claims, including applications for provisional injunctive relief and declaratory relief actions.

Representation of maritime port terminal operator in obtaining summary judgment in its favor in age discrimination wrongful termination action filed by former powered industrial truck driver on ground of employee’s lack of standing due to failure to exhaust grievance and arbitration procedures under collective bargaining agreement. Savant v. APM Terminals, --- F.3d ---, 2014 WL 6845808 (5th Cir. 2014).

Managing in-house counsel in proceedings determining constitutional due process limits on punitive damages awards in multi-plaintiff sexual harassment case. Gober vs. Ralphs Grocery Company, 137 Cal.App.4th 204 (2006).

Employment Law Compliance

Drafting and advice on employment-related policies, employee handbooks and employment contracts.

Drafting and enforcement of mandatory binding arbitration agreements, including class action waivers.

Advice and counsel regarding employee discipline issues and reductions in force.

Training of supervisors and employees on prevention of unlawful employment practices, including sexual harassment, discrimination and retaliation.

Traditional Labor-Management Relations

Advice and training regarding union avoidance and during union organizing campaigns.

Representation of companies in connection with union relationships, including collective bargaining, grievance arbitrations, strike and boycott activities, unfair labor practice proceedings, and related litigation.

Representation of maritime port terminal operator in defending and favorable resolution of unfair labor practice charge alleging unlawful telephone monitoring of bargaining unit members in connection with ongoing collective bargaining agreement negotiations.

Representation of national soft drink bottler and distributor in obtaining full dismissal and/or withdrawal of eight unfair labor practice charges filed by union locals with NLRB during course of multi-facility contract negotiations in western Washington, and defense of ERISA putative class action brought on behalf of striking employees whose health insurance coverage was terminated when they stopped working. (U.S.D.C., W.D. Wash.)

Representation of national soft drink bottler and distributor in arbitration proceedings denying grievance brought on behalf of employee terminated for threatening co-worker in the workplace.

Representation of national soft drink bottler and distributor in defense and resolution of petition to compel arbitration brought under LMRA in connection with grievance related to alleged right to follow-the-work to new facility. (U.S.D.C., C.D. Cal)

Representation of international energy equipment manufacturer in arbitration proceedings denying grievance brought on behalf of employee terminated for violations of tardiness and attendance policy after employer’s unilateral change in interpretation and enforcement of policy.

Representation of national soft drink bottler and distributor in arbitration proceedings denying grievance brought on behalf of employee terminated for theft of company funds.

Managing in-house labor counsel during 2003-2004 southern California supermarket workers strike and lockout which lasted 141 days, including defense of RICO, COBRA, LMRA, Cal-WARN Act, antitrust, and wage and hour class action litigation brought or sponsored by seven UFCW Locals, prosecution of litigation against unions to enjoin unlawful picketing activities, and response to federal grand jury investigation related to hiring of locked-out bargaining unit members during labor dispute.

Commercial Litigation & Consumer Class Actions

Representation of digital media advertising agency in resolution of litigation and disputes with former owners of social media advertising agency that it acquired. (Los Angeles County Superior Court)

Representation of shareholders, officers and directors of family-owned waste management company in litigations by minority family shareholders alleging claims for breach of fiduciary duties and appropriation of corporate opportunities. (Ventura County Superior Court)

Representation of international airline catering service firm in proceedings granting motion to transfer breach of commercial contract action from Northern District of California to Eastern District of Virginia based on forum selection clause in parties’ agreement. Plaintiff voluntary dismissed action shortly after transfer completed.

Representation of national payroll service provider in proceedings granting motion to transfer action from Central District of California to Western District of New York in putative nationwide consumer class action alleging claims for fraud and deceit, unjust enrichment and restitution, breach of fiduciary duty, conversion, breach of contract, violation of the federal Electronic Funds Transfer Act, and violations of California’s Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act. Defense motion to dismiss thereafter granted without leave to amend on 11 of 12 claims. Ironforge.com, et al. vs. Paychex, Inc., 747 F.Supp.2d 384 (W.D.N.Y. 2010).

Representation of national self-storage company in proceedings granting defense motion for summary judgment and for no-merit determination in putative nationwide consumer class action asserting false advertising claims under California’s Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act. (Los Angeles County Superior Court)

Representation of international manufacturer and distributor of orthopedic medical devices in proceedings granting defense motion for summary judgment on claims for violation of California Independent Wholesale Sales Representatives Contractual Relations Act of 1990, breach of oral contract, and breach of fiduciary duty. (U.S.D.C., C.D. Cal.)

Managing in-house counsel in seven California Judicial Council Coordinated Proceeding class actions involving federal preemption of state law consumer food labeling claims asserting false advertising and unfair competition claims related to the alleged failure to disclose the presence of artificial coloring in farm-raised salmon. Farm Raised Salmon Cases, 42 Cal.4th 1077 (2008).

Managing in-house counsel in proceedings involving weights and measures compliance issue of first impression. Ralphs Grocery Company vs. California Dept. of Food & Agriculture, 110 Cal.App.4th 694 (2003).

Lexology Client Choice Award for Litigation, California, 2017

Named to "The Nation's Most Powerful Employment Attorneys – Up-and-Comers," Human Resource Executive, Lawdragon, 2013-2017

Author, "CRA Files Amicus Brief in ‘Suitable Seating’ PAGA Class Action At Ninth Circuit," Golden State Report, Guest Column, California Retailers Association, March 20, 2012
Contributor, "‘Growing tide’ of defeat for state wage-and-hour rules," National Law Journal, February 15, 2012
Contributor, "Truckers’ Calif. Meal Break Action Preempted By Fed. Law," Employment Law 360, February 14, 2012
Profiled, "State Wage/Hour Claims Held Preempted: Court Cites Federal Transportation Statute," BNA Daily Labor Report, 30 DLR A-15, February 14, 2012
Co-Author, "The Employee Free Choice Act Is Alive And Well At The NLRB," Los Angeles Daily Journal Guest Column, February 14, 2011
Profiled, "Merrill Lynch’s ‘WealthBuilder Plan’ Is Top-Hat Plan Exempt From ERISA’s Reach," BNA Pension & Benefits Daily, September 3, 2010
Author, "Pracha Ruling: Good News for Employers, Employees," Employment Law 360 Guest Column, August 31, 2007
Contributor, "Court Strikes Down O’Melveny’s Arbitration Policy," Employment Law 360, May 15, 2007
Speaker, 2017 California Employment Law Update, McGuireWoods LLP Complimentary Webinar, December 13, 2016
Speaker, 2016 California Employment Law Update, McGuireWoods LLP Complimentary Webinar, December 9, 2015
Speaker, California Employment Law Developments, McGuireWoods Complimentary Webinar, December 5, 2012
Speaker, "Protecting Your Company From Wage & Hour Class Actions And The Expected Passage Of The Employee Free Choice Act," 4th IQPC Corporate Counsel Exchange, December 6, 2009
Speaker, "California Employment Law Developments: 2008 Year-end Roundup and a Look Ahead to 2009," McGuireWoods Webinar, December 11, 2008
Speaker, "Strategies To Solve Your Most Complex FMLA Challenges," Council on Education Management, 2007
Speaker, "Managing Employee Meal & Rest Breaks After the California Supreme Court’s Decision in Murphy v. Kenneth Cole Productions," Bureau of National Affairs (BNA) HR Webinar, 2007
Speaker, "California Employment Law Developments: 2007 Year-end Roundup and a Look Ahead to 2008," McGuireWoods Webinar, November 15, 2007