name

M. Burns

Partner
Firm Logo

Hunton Andrews Kurth LLP

California-Southern, USA
    Local Time: Tuesday 21:15

Practice Expertise

  • Labor and Employment
  • Complex Employment Litigation
  • Public Accommodations
  • Retail

Areas of Practice

  • Complex Employment Litigation
  • Labor and Employment
  • Public Accommodations
  • Retail
  • Wage and Hour Class Actions
  • View More

Profile

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).
  • Representing a national retailer client in a nationwide structured negotiations dispute presenting allegations that the use of personality assessments during the hiring process has a disparate impact on applicants with mental health disabilities under the ADA (California, Washington, D.C.).
  • Defending multiple statewide wage and hour class and collective actions against national retailer, casual dining, financial services, movie exhibitor, manufacturing, and hospitality clients presenting meal period, rest break, reporting time pay, misclassification, off-the-clock, tip pooling, and other claims (Central District of California, Southern District of California, California Supreme Court, California Court of Appeal, multiple California Superior Courts (Alameda, Los Angeles, Orange, and San Diego), Middle District of Florida, Southern District of Florida, Southern District of Texas).
  • Defending multiple statewide class, multi-plaintiff, state agency pattern or practice, and structured negotiations public accommodations actions against national movie theater exhibitor clients concerning seeking to mandate new captioning, narrative description, and assistive listening technologies under ADA Title III and analogous state laws (Arizona, California, New York, Texas, Washington).
  • Defending a national retailer client in a multi-year nationwide pattern or practice case filed by the U.S. Equal Employment Opportunity Commission presenting race and national origin discrimination and harassment claims under Title VII (District of Arizona).
  • Defending a national retail client in a national public accommodations class action presenting challenges to architectural designs and construction of parking facilities and accessible paths of travel under ADA Title III (Delaware, Maryland, New Jersey, New York, Ohio, Pennsylvania, West Virginia).
  • Managing national and regional dockets of employment, wage and hour, and public accommodations litigation for multiple national clients (Arizona, California, Florida, Ohio, New York, Tennessee, Texas, Utah, Virginia, Washington, Washington, D.C.).
  • Advising national clients on multiple employment, wage and hour, and public accommodations consulting projects (Arizona, California, Florida, Maryland, New York, Ohio, Texas, Virginia, Washington, Washington, D.C.).

Bar Admissions

  • California
  • Texas

Education
BS, Texas A&M University, 1988

Areas of Practice

  • Complex Employment Litigation
  • Labor and Employment
  • Public Accommodations
  • Retail
  • Wage and Hour Class Actions

Professional Career

Significant Accomplishments
  • Representing a national retailer client in a nationwide investigation involving claims alleging that the use of criminal background checks during the hiring process has a disparate impact on minority applicants (California, New York, Texas).
  • Defending a national movie exhibitor client in a nationwide ADA pattern or practice pubic accessibility case filed by the U.S. Department of Justice presenting challenges to new architectural designs (Ninth Circuit and Central District of California).
  • Representing a national casual dining client in a nationwide FLSA collective action presenting first impression "tip pooling" wage claims (Fifth Circuit and Southern District of Texas). 
  • Defending multiple national movie theater clients in statewide class, multi-plaintiff, and agency pattern and practice public accessibility actions seeking to mandate new captioning and narrative description technologies, and challenging new architectural designs (Arizona, California, Texas, Washington).
  • Representing multiple statewide wage and hour class and collective actions against national retailer, casual dining, manufacturing, and hospitality clients presenting meal period, rest break, manager misclassification, off-the-clock, tip pooling, and other claims (Central District of California, Southern District of California, California Supreme Court, California Court of Appeal, multiple California Superior Courts (Alameda, Los Angeles, Orange, and San Diego), Middle District of Florida, and Southern District of Florida).
  • Representing a national retailer client in a nationwide Title VII pattern or practice case filed by the U.S. Equal Employment Opportunity Commission presenting race and national origin discrimination and harassment claims (District of Arizona).
  • Defending a national movie exhibitor client in a multi-plaintiff Title VII case presenting sex discrimination, sex harassment, and religious harassment claims (District of Utah).
  • Managing national and regional dockets of employment, wage and hour, and public accessibility cases for national retailer, casual dining, and movie exhibitor clients (Arizona, California, Florida, Ohio, New York, Tennessee, Texas, Utah, Washington, Washington, D.C.).
  • Defending a national movie exhibitor client in a nationwide ADA pattern or practice pubic accessibility case filed by the U.S. Department of Justice presenting challenges to new architectural designs (Sixth Circuit and Northern District of Ohio).

Articles

Additional Articles
  • COVID-19: New Ordinance Requires Hotel Employers to Guarantee Re-Employment, Hotel Executive
  • 2019 Retail Industry Year in Review
  • Sleepless in California, Financier Worldwide
  • 2020 Retail Industry Year in Review
  • Fuzzy Law on Employers' Use of Arrest Records, Daily Journal

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