August 15, 2020

Volume X, Number 228

M. Brett Burns

Brett’s practice focuses on employment class actions, wage and hour class and collective actions, complex public accommodations litigation, and state and federal agency pattern or practice actions.

Brett represents employers in a complex employment, wage and hour, and public accommodations litigation in federal and state courts across the country. Brett’s experience includes collective action and multi-plaintiff public accommodations jury trials, and defending approximately 65 class, collective, and state and federal agency pattern or practice actions, including lawsuits filed by the U.S. Department of Justice and the U.S. Equal Employment Opportunity Commission. Brett is admitted to practice in the United States Courts of Appeals for the Fifth, Sixth, and Ninth Circuits, the U.S. District Courts for the Northern, Central, Eastern, and Southern districts of California and the Northern, Southern, Eastern, and Western Districts of Texas.

Relevant Experience

  • Representing a national retailer client in EEOC investigations presenting allegations that the use of criminal background checks during the hiring process has a disparate impact on minority applicants under Title VII (California, New York, Texas).

  • Defending national casual dining and national retailer clients in nationwide FLSA collective actions presenting first impression “tip pooling,” “donning and doffing,” and misclassification claims, respectively (Fifth Circuit and Southern District of Texas, Northern District of Ohio, District of New Jersey).

  • Defending national movie exhibitor clients in nationwide pattern or practice public accommodations cases filed by the U.S. Department of Justice presenting challenges to architectural designs under ADA Title III (Ninth Circuit and Central District of California, Ninth Circuit and District of Oregon, Sixth Circuit and Northern District of Ohio).

Articles in the National Law Review database by M. Brett Burns

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