James S. Brown

Partner

Phone: +1 415 957 3090
Duane Morris LLP
Spear Tower
One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
USA

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.

Areas of Practice

Employment and Labor Law
Employee Benefits

Admissions

California
U.S. District Court for the Central District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of California

Education

University of California College of the Law, San Francisco, J.D., 1988
University of California, Davis, A.B., 1983

Experience

Duane Morris LLP
- Partner, 2018-present
Sedgwick LLP
- Associate/Partner, 1988-2017

Professional Activities

Barristers Club Labor and Employment Law Committee
- Past Chair
San Francisco Bar Association
- Labor and Employment Section
State Bar of California

Selected Publications

Contributing Editor, California Employment Law Letter
Featured in "San Jose Kaiser at Center of Christmas Day Coronavirus Outbreak Among California's Top COVID Violators," Fox KTVU, January 8, 2021
Co-author, "New California Legislation Continues to Redefine Employees vs. Independent Contractors," Duane Morris Alert, September 10, 2020
Co-author, "If you Have Nothing Nice to Say, Don’t Say Anything at All," California Employment Law Letter, September 7, 2020
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
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, "Key Wage-and-Hour Issues for Remote Workers," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, November 11, 2020
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