Overview

Attorney Jonathan Brenner represents employers from a wide range of industries, including, among others, financial services, health care, retail, insurance, performing arts, and professional services, as well as academic institutions.

Jonathan's experience includes:

  • Litigating the full range of employment disputes on behalf of management and employers before state and federal courts, in alternative dispute resolution venues, and before state and federal administrative agencies
  • Representing clients in actions alleging race, age, sex, sexual orientation, and disability discrimination; sexual harassment; wrongful termination in violation of public policy; breach of employment contract; whistleblower retaliation; and related tort and contract claims
  • Handling wage and hour class, collective, and representative actions brought under the California Labor Code, the federal Fair Labor Standards Act (FLSA), and the California Private Attorneys General Act (PAGA)
  • Litigating actions for benefits under ERISA, unfair labor practice charges under federal labor law, and class actions regarding background checks under the Fair Credit Reporting Act and analogous state laws
  • Litigating restrictive covenant and misappropriation disputes involving former and recently hired employees in single- and multi-jurisdiction actions
  • Advising employers on wage and hour compliance, employee leave requirements, workplace investigations, the preparation of employee handbooks and personnel policies, the reasonable accommodation process under the Americans with Disabilities Act (ADA) and California disability law, the use of arbitration agreements, and the use of non-compete agreements to protect employer business interests, among many other things
  • Providing advice to management on employee terminations, including high-level and sensitive employee separations and the implementation of layoffs and reductions in force
  • Counseling and representing colleges and universities in the full and often unique range of issues applicable to academic institutions
  • Advising companies involved in corporate merger, acquisition, and divestiture transactions on employment-related and restrictive covenant issues

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Before joining Epstein Becker Green, Jonathan was a Partner in an international law firm’s West Coast Employment and Labor practice and a member of that firm’s Office of General Counsel.

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Focus Areas

Experience

Jonathan has enjoyed frequent success as a litigator. Highlights of his accomplishments include the following:

  • Denial of certification in a putative class action brought by union musicians against a major California performing arts center alleging breach of collective bargaining agreement, violation of the duty of fair representation, and unfair labor practices, followed by summary judgment against the named plaintiffs and a complete dismissal of the action
  • Denial of certification in a putative wage and hour class action alleging meal and rest break, overtime, and off-the-clock violations brought against a major retailer
  • Judgment in favor of a college in three administrative mandamus actions brought by students in California Superior Court challenging the investigation, hearing process, and outcome in separate Title IX sexual assault cases
  • Individual settlements and the dismissal of class and collective action claims in a nationwide FLSA action brought in Florida district court against a major health care company
  • Order for arbitration in New York and stay of further proceedings in California civil court in a bonus and contract action brought by a former California employee against a major private equity firm; a favorable settlement was obtained thereafter
  • Dismissal with prejudice at the pleading stage of a lawsuit brought by a student against a university alleging a failure to accommodate in violation of the ADA and the Unruh Civil Rights Act and intentional infliction of emotional distress, among other things
  • Voluntary dismissal of class claims by the named plaintiff in a putative class action alleging improper background checks under federal and state law against a large health care company
  • Voluntary dismissal of class claims by the named plaintiff in a putative class action alleging improper background checks under federal and state law against a large food services franchisor
  • Summary judgment and the complete dismissal of an action alleging breach of employment contract and wrongful termination without cause that was brought by a high-level executive against a major insurance services company
  • Pre-hearing dismissal in the arbitration of a breach-of-contract action brought against a food services company; the dismissal was upheld on appeal
  • Verdict in favor of the defendant after a trial on claims brought by the federal government alleging misallocation and misclassification of employment settlement proceeds for tax purposes
  • Voluntary walk-away settlement with the plaintiff from putative class claims for alleged meal and rest break, off-the-clock, and business expense reimbursement violations
  • Voluntary walk-away settlement with the plaintiff alleging wrongful termination in violation of public policy, breach of contract, retaliation, and defamation

Recognition

Jonathan was named among The Best Lawyers in America© (2016 to 2021) in Employment Law - Management and in Chambers USA: America’s Leading Lawyers for Business, California—Labor & Employment (2023). He has also been recommended in The Legal 500 United States in the areas of Labor and Employment Disputes (Including Collective Actions): Defense (2018-2023), and Workplace and Employment Counseling (2018-2019).

Credentials

Education

  • University of California, Hastings College of the Law (J.D., magna cum laude, 1992)
    • Order of the Coif
  • University of California, San Diego (B.A., with distinction, 1988)

Bar Admissions

Court Admissions

Professional & Community Involvement

  • Los Angeles County Bar Association, Labor and Employment Law Section
  • State Bar of California, Labor and Employment Law Section

Media

Events

Insights

Insights

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