Al De La Cruz leads the firmwide employment practices team at downtown-based Manning & Kass, Ellrod, Ramirez, Trester.
After spending five years as a deputy district attorney in Los Angeles, De La Cruz joined Manning & Kass about a year after its founding to take charge of the employment practice. He was tasked two years later with launching and managing the firm’s San Diego office and has since split his time between there and L.A.
In his practice, De La Cruz works with private and public employers in pre-litigation and trial matters and has secured more than 100 jury verdicts.
Tell me about your labor and employment practice and how you built it.
Oddly enough, my employment practice came about by accident. I was brought into a case as lead trial counsel for a matter heading to jury in U.S. District Court in Boston – of all places. The case was against the CEO of a large international company, involving fairly typical wrongful termination claims, but also a sexual harassment component. Once I had the opportunity to cross-examine the plaintiff, who had made some very salacious claims, I was hooked. It was a very different experience from my earlier work defending police officers in §1983 cases, or my time as a Deputy D.A. in Los Angeles. But the intensity of the fact patterns drew me in – and ultimately led me to shift my focus to employment law.
What’s a signature legal victory for you?
One of my most memorable trial victories involved the San Francisco Zoo. It came shortly after the widely reported Christmas Day tiger mauling (the Dhaliwal case), which tragically resulted in one death and two seriously injured brothers. My case was largely unrelated but involved a former employee who claimed he was wrongfully terminated after raising safety concerns about the same tiger enclosure.
Mark Geragos represented the plaintiffs in the personal injury case and settled that matter during the middle of my trial – putting a media spotlight on our case that certainly didn’t help the defense. The jury remained focused on the actual facts and rendered a defense verdict, fully exonerating the zoo. It was a proud moment, not just for the win, but for seeing the legal process work even under intense scrutiny.
Conversely, is there a loss that was nevertheless formative for your career?
Absolutely. I once lost a case that I was confident we should win – against an opposing counsel trying his very first trial. Looking back, I made the mistake of trying to be too polished. The jury wasn’t looking for that and rightly favored the connection and authenticity of the attorney who was just learning his ropes. It was a humbling experience that taught me the importance of adjusting your style to suit the audience, not just relying on technical skill.
What’s it like to work labor and employment in a state like California?
It is one of the most challenging practices, and by extension exceptionally rewarding. I’ve been fortunate to represent many family-run “mom and pop” employers, family business that try to live up to the rigors of California employment law. It can be difficult to watch the financial strain litigation causes well-intended businesses. Labor and employment law in California can be very unforgiving to well-intentioned employers. For example, I once had a client who gave small bonuses to its employees when its business was strong. The company took pride in sharing its financial success with its employees. However, those small bonuses turned into a nightmare when the business was hit with a class action and PAGA case. Smaller businesses often lack the financial resources to meet those necessary and appropriate standards.
One of the best things about labor and employment law in California is the quality of the practitioners on both sides of the “v.” as well as the bench. I’ve had great relationships with members of both the defense and plaintiff bars. The Los Angeles Superior Court is filled with exceptional judges who put a great deal of effort into their Law & Motion calendars. I recently had a case with Judge Kalra in LASC. His work on our trial was of such depth that we lawyers focused on just that one same case had to work hard to keep up.
What has kept you busy so far this year?
Thankfully I am working on more single plaintiff matters of late. Those cases tend to be more story-oriented, rather than the number crunching that can accompany the wage-and-hour cases. There’s more of a human element at play, and that makes for much more engaging and meaningful work.
In the sense that rising operating costs can result in cutbacks, do you anticipate the Trump Administration’s tariffs to add your workload at all?
Great question and literally the million-dollar one we are all wondering about. In Southern California, there is so much cross border commerce that there is bound to be some effect. The question is how it will manifest itself and will the tariffs really stick.
If we do see a true shift in domestic manufacturing, that will likely drive the employment law workflow. I’m quite interested to see what will happen if foreign manufacturers do go forward with an increase in domestic manufacturing. If so, they will likely be an adjustment factor to those companies entering the California employment law landscape.
What are unique challenges to the labor and employment landscape in Los Angeles?
The biggest challenge and benefit is the ever-increasing diversity in the work force, coupled with the further increase of mechanization. Add to this a seeming resurgence in the labor movement with unions making their presence more effectively known. As a result, collective bargaining may witness a resurgence.
Also, the increase in mandated arbitration agreements, though a state issue, will continue to move Los Angeles employment disputes into a private forum. How those arbitration agreements will alter the otherwise strong demographic shifts in Los Angeles vis-à -vis the jury system will be very interesting to watch.
How has your firm empowered your career and practice?
Manning Kass has long history of opportunity founded upon opportunity, drive and talent. The fact that we started so small required a nimble approach toward management. I came to the firm without a day of civil litigation experience and received exceptional mentoring that made success more readily achievable. Everyone is intent on helping you succeed. All of us you have received that benefit then no hesitation to pay that forward. We have historically relied on internal mentoring and training for attorney development. The fact that the firm focuses on talent and effort above all makes it hard not to work hard to demonstrate exceptional competence. The openness of the firm to business development rather than business limitation is very empowering. The firm has allowed many attorneys the opportunity to open offices, develop practices and foster clientele. My story is very similar to so many attorneys who have honed their craft while in this firm.
