Editorial Board   Guest Author

Mr. McKenzie

Dwayne McKenzie

Partner, Cox, Castle & Nicholson LLP

Dwayne P. McKenzie represents employers, trade associations, owners, public agencies, and labor-management trust funds in employment law, traditional labor relations, ERISA matters, and litigation in state and federal courts.

Employment Litigation And Counseling

Mr. McKenzie represents employers across various industries in a wide range of litigation, including class action claims, wage and hour violations, wrongful termination, sex, race, religious, and other forms of discrimination, sexual harassment, unfair competition, trade secret infringement, breach of contract, company founder and director liability, and various other employment, and business-related issues. He routinely defends employers against charges brought before the U.S. Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing.

Mr. McKenzie also counsels employers in their day-to-day activities, such as structuring new company employment practices, managing and negotiating employment issues in merger and acquisition transactions, negotiating employment and severance contracts, establishing and maintaining employment policies and documents, responding to employee claims of violations of state and federal law, and advising on risk management issues.

General Counsel Experience

As former general counsel for a privately held technology company, Mr. McKenzie was responsible for all legal affairs including patent and copyright, trade secret, and contracting issues. He was active in investor development and relations, giving him practical insight into the needs of employers and growing companies.

Labor Law, Prevailing Wage Law, And Public Contracting

Mr. McKenzie has been involved extensively in prevailing wage law legislation, interpretation, and litigation for over fifteen years and is active in public works, prevailing wage, and other labor-related issues. He regularly represents developer, contractor, and property owner trade associations and individual developers and contractors before the Department of Industrial Relations and in the courts. He also has unique experience with enforcement of public bidding requirements and representation of labor compliance programs mandated on public works under California law.

Employee Benefits, ERISA And Fiduciary Counseling, And Litigation

A substantial portion of his practice involves benefit plan and fiduciary law issues that affect benefit plans, plan sponsors, plan trustees, and plan service-providers. Mr. McKenzie counsels trustees of multi-employer, employment-benefit-related trusts with respect to the fulfillment of their fiduciary and statutory duties, represents such trustees in their dealings with third parties, and is highly sophisticated in benefit plan technology and intellectual property matters.

Please visit http://www.coxcastle.com for more information.

Linkedin Profile: https://www.linkedin.com/in/dwayne-mckenzie-b2416b60/

Mr. McKenzie can be contacted at +1 310-284-2279 or dmckenzie@coxcastle.com

Coming up in December 2019...

Hotel Law: A Labor Crisis and Cyber Security

According to a recent study, the hospitality industry accounted for 2.9 trillion dollars in sales and in the U.S. alone, was responsible for 1 in 9 jobs. In an industry of that scope and dimension, legal issues touch every aspect of a hotel's operation, and legal services are required in order to conform to all prevailing laws and regulations. Though not all hotels face the same issues, there are some industry-wide subjects that are of concern more broadly. One of those matters is the issue of immigration and how it affects the ability of hotels to recruit qualified employees. The hotel industry is currently facing a labor crisis; the U.S. Labor Department estimates that there are 600,000 unfilled jobs in the industry. Part of the problem contributing to this labor shortage is the lack of H2B visas for low-skilled workers, combined with the difficulty in obtaining J-1 visas for temporary workers. Because comprehensive immigration reform is not being addressed politically, hotel managers expect things are going to get worse before they get better. Corporate cyber security is another major legal issue the industry must address. Hotels are under enormous pressure in this area given the large volume of customer financial transactions they handle daily. Recently, a federal court ruled that the Federal Trade Commission had the power to regulate corporate cyber security, so it is incumbent on hotels to establish data security programs in order to prevent data breaches. The lack of such programs could cause hotels to face legal threats from government agencies, class action lawsuits, and damage to their brand image if a data breach should occur. These are just two of the critical issues that the December issue of Hotel Business Review will examine in the area of hotel law.