James S. Brown

is a trial attorney who litigates employment and labor law matters on behalf of employers in state and federal court. This includes wage and hour class action defense, harassment and discrimination claims, as well as whistleblower, retaliation and wrongful termination matters. He also routinely provides advice and counseling in such areas as wage-and-hour law, creation and enforcement of covenants not to compete, reductions in force, progressive discipline, employee handbooks and personnel policies, employee leave obligations and other workplace management issues. He also advises companies on due diligence and human resource audit issues during business acquisitions.

Mr. Brown routinely assists clients in defense of California Labor Code section 132a claims and “serious and willful” petitions. In addition to counseling on workplace safety issues, he also handles OSHA and Cal-OSHA administrative matters. His practice also includes government agency investigation work with the DOL, OFCCP, and EEOC, as well as similar state agencies.

Mr. Brown is a 1988 graduate of the University of California, Hastings College of the Law, and a 1983 graduate of the University of California at Davis.

Resume

Experience

•Duane Morris LLP
- Partner, 2018-present

•Sedgwick LLP
- Associate/Partner, 1988-2017

Publications and Speaking Engagements

Selected Publications

•Co-author, San Francisco's COVID-19 Paid Sick Leave Ordinance Takes Effect, Duane Morris Alert, April 28, 2020
•Co-author, California Order Provides COVID-19 Supplemental Paid Sick Leave for Essential Food Workers and Tightens Sanitation Standards, Duane Morris Alert, April 21, 2020

•Contributing Editor, California Employment Law Letter

•Co-author, Navigating California's Local Paid Sick Leave Ordinances in Light of COVID-19, Duane Morris Alert, April 14, 2020
•Co-author, San Francisco Enacts Emergency Ordinance: Public Health Emergency Leave, Duane Morris Alert, April 9, 2020
•Co-author, Employer Defeats Class Certification With Evidence Not Common to All Class Members, California Employment Law Letter, January 13, 2020

•Co-author, California Passes Landmark Employment Legislation Redefining Employee Versus Independent Contractor, Duane Morris Alert, September 16, 2019

•Quoted, Uber: We'll Fight in Court to Keep Drivers As Independent Contractors, San Francisco Chronicle, September 11, 2019

•Co-author, Employer Defeats Statistics Based Class Certification in an Independent Contractor Misclassification Case, California Employment Law Letter, August 2019

•Co-author, SCOTUS Rules Class Arbitration Must Be Expressly Authorized, California Employment Law Letter, May 13, 2019

•Co-author, Courts Finds Staffing Agency Not Liable for Meal Period Violations, California Employment Law Letter, April 9, 2018

•Co-author, TCJA Creates Catch-22 for Sexual Harassment Settlements, HR Daily Advisor, April 3, 2018

•Co-author, New Tax Law Creates Catch-22 for Sexual Harassment Settlements, California Employment Law Letter, March 12, 2018

Selected Speaking Engagements

•Speaker, “2020 Vision: Legal Issues to Watch for in the Workplace,” Duane Morris Breakfast Briefing, San Francisco, November 8, 2019

•Speaker, Forward Thinking: The Latest Developments in Employment and Immigration Law and Preparing Your Workplace for the Future, Duane Morris Breakfast Briefing, November 13, 2018

•Speaker, Establishing an Effective Neurodiversity Employment Program: Legal Issues, Webinar, August 22, 2018