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Paul M. Huston

Associate

[email protected]

+1.858.314.1549

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Paul Huston is an attorney in the firm’s employment labor and benefits practice group. His practice focuses on labor and employment litigation and general commercial litigation. Paul has a wide range of experience handling both single plaintiff and class action lawsuits, covering issues from wrongful termination, sexual harassment, and disability discrimination, to wage and hour class actions involving thousands of class members. Paul also has significant experience in contract formation and defense, including independent contractor agreements, arbitration agreements, and class action waivers. Paul advises both individuals and companies prior to the commencement of litigation and throughout all stages of litigation, including trial, in both state and federal courts.

Prior to joining Mintz, Paul worked as an associate at a prominent, San Diego–based law firm. There he advised individuals and companies through all stages of litigation, and recommended best practices to employers.

Education

  • Pepperdine University (JD)
  • Purdue University (BA)

Recognition & Awards

  • Best Lawyers of America Ones to Watch - Litigation - Labor and Employment (2021)

Languages

- Spanish

Recent Insights

News & Press

Events

Viewpoints

Employment, Labor, and Benefits Viewpoints Thumbnail
Bonuses and their impact on an employee’s “regular rate of pay” have long been a proverbial thorn in the side of California employers.  The nondiscretionary nature of most bonuses (even those bonuses employers attempt to characterize as “discretionary”) makes them part of a non-exempt employee’s regular rate of pay for purposes of determining the appropriate overtime rate. Cal. Labor Code § 226 requires all hourly rates of pay to be reflected in employees’ pay statements.  The ambiguity surrounding the extent to which this “hourly rate of pay” includes bonuses in all of their various forms and the related overtime adjustments can sometimes leave employers feeling uncertain as to how to ensure compliant paystubs when nondiscretionary bonuses are paid to non-exempt employees. A recent decision from the Ninth Circuit Court of Appeals offered some clarity. 



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Conference Recordings: Mintz's Annual Employment Law Summit

March 12, 2021 | Webinar | By Michael Arnold, David Barmak, Micha Mitch Danzig, Geri Haight, Andrew Matzkin, David Lagasse, O'Kelly E. McWilliams, III, Jennifer Rubin, Tyrone Thomas, Alexander Hecht, Danielle Bereznay, Jennifer Budoff, Delaney Busch, Corbin Carter, Emma Follansbee, Natalie C. Groot, Paul Huston, Brie Kluytenaar, Brendan Lowd, Nicole Rivers, Richard Block

Mintz’s Annual Employment Law Summit brought together thought leaders to discuss the most pressing issues employers are facing in today’s unprecedented work environment. Attendees heard presentations on the continued impact of COVID-19; social justice and diversity, equity and inclusion initiatives; recent and anticipated changes to employment laws; and best practices for managing sensitive employee situations.
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Employment, Labor, and Benefits Viewpoints Thumbnail
The cities of Los Angeles, San Francisco, and San Jose have each adopted paid sick leave measures to assist workers not covered by the federal Families First Coronavirus Response Act during the COVID-19 crisis.
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Late Thursday evening California Governor Gavin Newsom issued Executive Order N-33-20 (the “Order”), which directs all California residents to stay home in light of the developing COVID-19 public health crisis. The Order states that except as necessary to continue the operations of businesses in the 16 “Critical Infrastructure” industries, all residents should leave their residence only as necessary for food or medical needs.
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As part of the continuing effort to respond to the COVID-19 pandemic, Governor Newsom has issued an Executive Order temporarily modifying the California WARN Act requirements for employers engaging in mass layoffs.
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Judge Kimberly Mueller of the District Court for the Eastern District of California today granted Plaintiffs’ motion for a preliminary injunction against AB 51. Judge Mueller indicated in her order that she would issue a detailed ruling explaining her decision at a later date, but for now, the State of California is prohibited from enforcing California’s ban on the arbitration of employment claims. Stay tuned for a more detailed analysis following Judge Mueller’s upcoming written decision.
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California Supreme Court Delivers PAGA Win for Employers

September 13, 2019 | Blog | By Paul Huston

In a significant victory for California employers who use arbitration agreements, the California Supreme Court ruled (ZB, N.A. et al. v. Superior Court of San Diego County, S246711 (September 12, 2019)) that the recovery of underpaid wages was not a civil penalty recoverable under the Private Attorney General Act, Labor Code section 2699 et seq. (“PAGA”), and that claims seeking such recovery were indeed subject to individual arbitration in accordance with Iskanian v. CLS Transportation Los Angeles LLC (2014) 59 Cal.4th 348.
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The Bubbler

The Bubbler - February 2019

February 19, 2019 | Blog | By Paul Huston

January ushered in many new developments across many employment law compliance categories. We hope this summary will help you keep track of the changes most relevant for you.
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The Bubbler – September 2018

September 12, 2018 | Blog | By Paul Huston

Welcome to this month’s edition of the Bubbler! Now that fall is fast approaching we’re refreshing your memory of some key recent developments as we head into the new season:
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California Governor Jerry Brown recently signed into law A.B. 2770, creating new protections for employers, witnesses, and complainants from defamation lawsuits related to making, assisting, or discussing good-faith sexual harassment claims and investigations.
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News & Press

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Mintz attorneys Mitch Danzig, Jennifer Rubin, and Paul Huston co-authored a Law360 expert analysis article examining the recent Executive Order issued by President Biden aimed at non-compete agreements and how the Federal Trade Commission (FTC)'s interpretation of the order could impact employers nationwide.
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Mintz Associate Paul M. Huston authored an expert analysis article published by Law360’s Employment Authority that examined the issue of whether an employer may discipline an employee for off-duty conduct, and to what extent, specifically in the context of the Capitol riot and COVID-19 pandemic.
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On August 26, the Delaware Chancery Court granted partial summary judgement in favor of Alphatec Holdings, Inc. (Alphatec), a medical device company dedicated to revolutionizing the approach to spine surgery, and its Chairman and Chief Executive Officer, Patrick Miles, in litigation brought against Mr. Miles and Alphatec by competitor, NuVasive, Inc. based on any claims that Mr. Miles breached the non-competition and employee non-solicitation provisions in his employment agreement with NuVasive.

Banning the Box

May 29, 2018

This feature article discusses a California state law aiming to help those with a criminal record secure employment opportunities by changing how companies vet employment applications. Mintz’s Paul Huston is quoted in the piece discussing what employers need to know to avoid legal complications.
A team of Mintz attorneys – Member Dan Pascucci and Associate Paul Huston – authored this column discussing how the landscape surrounding microtransactions in video games continues to evolve at a pace outstripping the law’s ability to keep up.