Matthew Diton focuses his practice on various labor and employment matters, including discrimination, wrongful termination (including whistle-blower claims), wage and hour matters, and other state law claims. In addition to his litigation practice, Mr. Diton maintains an active counseling practice, advising employers on a wide range of everyday employment matters, such as compliance with various state and federal leave laws and wage and hour issues.

Mr. Diton graduated magna cum laude and Order of the Coif from the Duke University School of Law. While in law school, Mr. Diton served as an Articles Editor of Law & Contemporary Problems and interned for Magistrate Judge Joe Webster of the United States District Court for the Middle District of North Carolina.

Experience

  • Major software company alleged to have improperly paid commissions under a sales compensation plan, securing summary judgment in federal court.
  • International law firm alleged to have breached its fiduciary duties to a former associate under ERISA, securing summary judgment in federal court.
  • Bay Area investment management firm alleged to have breached its partnership agreement, successfully compelling arbitration and obtaining dismissal of the federal court action.
  • Professional sports team in a series of wage and hour class actions brought by the team's cheerleaders.

Perspectives

The COVID-19 Vaccines: Practical and Legal Issues for Employers
Coronavirus: Labor & Employment Advisory
Coronavirus Legislative Update: The CARES Act Becomes Law
Coronavirus: Legislative and Public Policy Advisory
California Employers Who Shut Down or Conducted a Mass Layoff on or After March 4 Must Still Provide Notice Under Cal-WARN to Take Advantage of Executive Order
Coronavirus: Labor and Employment Advisory
California Suspends State WARN Law Amid COVID-19 Pandemic
Coronavirus: Labor and Employment Advisory
Pandemic Coronavirus: Practical and Legal Issues for Employers
Coronavirus: Labor and Employment Advisory
More

Credentials

Education
  • JD, Duke University School of Law, 2015, magna cum laude, Order of the Coif

  • BA, University of Virginia, 2012, High Distinction, Phi Beta Kappa

Admissions
  • California
Overview

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