Daniel C. Gunning is a partner in WTK's Employment Law Group. Dan concentrates his practice on defending employers in discrimination, harassment, and retaliation litigation. He has successfully obtained summary judgment on behalf of his employer clients in over a dozen matters. For the rare case that gets past summary judgment, he has obtained two defense verdicts at trial. Dan has extensive experience in both state and federal courts, the Equal Employment Opportunity Commission, the Civil Rights Department (formerly DFEH), and the Division of Labor Standards Enforcement. In addition to litigation, Dan advises employers on ADA/FEHA accommodation and interactive process issues, leave rights, wage and hour, and California Labor Code compliance. He has assisted companies by drafting accommodation procedures, leave policies and notices, employment agreements, separation agreements, arbitration agreements, confidentiality agreements, and employee handbooks.

Affiliations

• University of San Diego – Alumni Board of Directors (2020-present)
• Association of Business Trial Lawyers – Co-Chair, Sponsorship Committee (2024), Co-Chair, Annual Seminar Planning Committee (2018-2019, 2022-2023), Co-Chair, Membership Committee (2020), Planning Committee, Annual Seminar (2017), Co-Chair, Leadership Development Committee (2016), Leadership Development Committee (2014-2016)
• San Diego County Bar Association – Chair, Labor and Employment Section (2019), Vice-Chair, Labor and Employment Section (2018)
• ABA TIPS Labor and Employment Committee – Vice-Chair (2017-2019), Program Chair (2016), Public Service Chair (2015)
• California Bar Association – Committee on Administration of Justice (2014-2016)
• American Inns of Court, Louis M. Welsh Inn – Active Alumni (2013-2015), Associate (2012-2013)

Speaking & Publications

• Co-presenter, “We’re Open for Business – What Could Possibly Go Wrong? [employment law issues following the COVID-19 pandemic]” Association of Business Trial Lawyers (May 14, 2020)
• Daniel Gunning et al., “Recent Developments in Employment and Labor Law,” Tort Trial & Insurance Practice Law Journal (Spring 2019)
• Daniel Gunning and Michael Kalt, “A holiday wish list of potential employment changes for 2019” Los Angeles Daily Journal (December 11, 2018)
• Daniel C. Gunning, “Leaves of Absence Under the ADA—Circuits Are Split Over How Much Leave is Enough” Tort Trial and Insurance Practice Employment and Labor Law Newsletter (Summer 2018)
• Daniel C. Gunning, “Equal Pay Laws After California’s Landmark Fair Pay Act,” 18 TortSource No. 4 (Summer 2016)
• Daniel C. Gunning, “The Supreme Court Addresses Two Important Accommodation Issues in 2015: Pregnancy and Religious Accommodation,” Tort Trial and Insurance Practice Employment Law and Litigation Newsletter (Fall 2015)
• Daniel C. Gunning, “Protections Under Title VII for LGBT Employees Still Murky,” Tort Trial and Insurance Practice Employment Law and Litigation Newsletter (Winter 2017)
• Daniel C. Gunning, "Accomodating Pregnant Employees: Reviewing Employer Accomodation Policies in Light of the Supreme Court's Decision in Young v. UPS," (Namwolf Website, June 17, 2015)
• Daniel C. Gunning, “A New View on Pregnancy Discrimination,” Tort Trial & Insurance Practice Law Journal (Winter 2015)
• Daniel C. Gunning and Matthew R. Almand, “Costly Commutes: When Must Employers Pay for Employee Travel Time?” Employee Benefit Plan Review
• Co-presenter, “Social Media Evidence: How to Obtain, Use, and Present Evidence Ethically,” California Annual State Bar Meeting (September 13, 2014)
• Presenter, “Testifying as an Expert Witness: Perspectives from an Employment Litigator,” San Diego Section of the American Industrial Hygiene Association (February 15, 2017)
• Co-presenter, “2017 Legislative Update,” Association of Corporate Counsel (October 24, 2017)

Representative Matters

• Co-Chaired Jury Trial resulting in 12-0 defense verdict for parcel delivery company on FEHA disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, and defamation claims.
• First-Chaired Bench Trial resulting in defense verdict for telecommunications company on de novo appeal of a DLSE meal and rest break claim. Obtained $27,425 in fees and costs on behalf of client.
• Awarded summary judgment and over $125,000 in attorneys’ fees as the prevailing defendant in San Diego Superior Court in a religious discrimination and accommodation case involving a request for a COVID-19 vaccine exemption.
• Awarded summary judgment in Los Angeles Superior Court based on a novel collateral estoppel defense in a retaliation case involving a doctor whose underlying charges were affirmed in an administrative matter.
• Obtained summary judgment in a disability discrimination/failure to accommodate case where the plaintiff was alleging the company illegally terminated him after granting him seven months of leave. The company prevailed, proving the plaintiff was not a qualified individual with a disability at the time of his termination.
• Summary judgment affirmed by Fourth Appellate District Court of Appeal on whistleblower retaliation, FEHA race and disability discrimination, and related claims. Appellate court opinion may be found at http://www.courts.ca.gov/opinions/nonpub/D067595.PDF.
• Awarded over $60,000 in fees and costs as prevailing defendant after obtaining summary judgment in whistleblower retaliation, FEHA retaliation, and FEHA associational disability discrimination case. Appellate court opinion affirming summary judgment may be found at http://www.courts.ca.gov/opinions/nonpub/D069022.PDF.
• Summary judgment affirmed by 9^th Circuit Court of Appeals on a FEHA disability discrimination and failure to accommodate case where the employee alleged she was wrongfully terminated pursuant to the employer’s leave of absence policy. (Markowitz v. UPS, 2016 U.S. Dist. LEXIS 86245 (C.D. Cal. June 30, 2016))
• Awarded summary judgment in a race and sexual orientation discrimination case where the employee alleged that witnesses called him homophobic slurs.
• Obtained summary judgment in Bakersfield Superior Court on novel judicial estoppel defense in FEHA race and age discrimination case.
• Obtained summary judgment in El Centro Superior Court on FEHA disability discrimination and failure to accommodate case where employee alleged she could have returned to work with accommodation.
• Obtained summary judgment in Fresno County Superior Court on FEHA disability discrimination and failure to accommodate case where employee alleged he should have been returned to work with restrictions.
• Obtained summary judgment in United States District Court, Central District of California in FEHA race and retaliation case where union employee alleged she was wrongfully terminated after complaining of race discrimination and filing union grievances. (Martinez v. UPS, 2013 U.S. Dist. LEXIS 97134 (C.D. Cal. July 8, 2013))
• Obtained summary judgment in United States District Court, Central District of California in FEHA disability discrimination and failure to accommodate case where employee alleges he was wrongfully terminated while out on a leave of absence.
• Granted dismissal on motion to dismiss based on jurisdictional grounds in consumer class action, resulting in plaintiff dismissing case.
• Negotiated favorable settlements for clients in complex single plaintiff discrimination, harassment, and retaliation cases.
• Represented clients and negotiated favorable settlements in wage and hour and other labor code violations including PAGA and class action claims.

PRO BONO

Mr. Gunning is a member of the firm’s pro bono committee. He has dedicated countless hours to pro bono efforts throughout his career. Some of his pro bono successes include:

• Obtained asylum on behalf of two Afghan refugees fleeing Kabul after the Taliban took over the city
• Obtained and managed a conservatorship for the wife of a severely injured marine
• Awarded a T-Visa for a teenage victim of human trafficking

Honors and Recognition

• Named to the San Diego Super Lawyers - Rising Stars list (2015-2023)
• Named by San Diego Metro as one of San Diego's Top Attorneys (2022)
• Named as a finalist for SD Business Journal's Leaders In Law (2020)