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
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
Services
- ADA and Public Accommodations
- Class Actions
- Employment Compliance Counseling
- Employment Litigation
- Employment, Labor & Workforce Management
- ERISA – Retirement and Benefit Plan Litigation
- Labor and Employment Due Diligence
- Labor Management Relations
- Remote and Hybrid Work
- Trade Secrets & Employee Mobility
- Wage and Hour
- Whistleblowing and Compliance
Industries
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
- The Best Lawyers in America©: Employment Law - Management (2016-2021)
- Chambers USA: America’s Leading Lawyers for Business: California—Labor & Employment, "Leader in Their Field" (2023-2024)
- The Legal 500 United States: Labor and Employment Disputes (Including Collective Actions): Defense (2018-2024); 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
- California
Court Admissions
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Northern District of California
- U.S. District Court, Southern District of California
Professional & Community Involvement
- Los Angeles County Bar Association, Labor and Employment Law Section
- State Bar of California, Labor and Employment Law Section
Media
Events
Past Events
Insights
Insights
- Firm Announcements
Epstein Becker Green Receives National Recognition and Top Rankings in the 2024 Edition of Legal 500
3 minute read - Firm Announcements
Epstein Becker Green Honored for Exceptional Performance in Key Practice Areas by Chambers USA 2024
5 minute read - Firm Announcements
Epstein Becker Green Earns National Recognition and High Rankings in the 2023 Edition of Legal 500
3 minute read - Firm Announcements
Epstein Becker Green Recognized for Focused Excellence Across Core Practice Areas in Chambers USA 2023
5 minute read - Firm Announcements
2022 Edition of The Legal 500 Recognizes Epstein Becker Green with High Rankings in Health Care and Workforce Management ...
3 minute read - Media CoverageJonathan Brenner Quoted in “Gaming Industry Nondisclosures Become Key Test of #MeToo Laws”3 minute read
- Media CoverageJonathan Brenner Quoted in “California Employers, Facing Tight Safety Rules, Need to 'Get Comfortable with Change'” ...4 minute read
- Firm Announcements
Epstein Becker Green Receives High Rankings for Health Care and Workforce Management Practices in 2021 Edition of The Legal ...
3 minute read - Media CoverageJonathan Brenner Discusses Whether School Choice Will Improve California’s Education System1 minute read
- BlogsCalifornia Governor Signs Law Mandating Supplemental Paid Sick Leave for Employees of Companies with 500 or More Employees ...6 minute read
- Firm AnnouncementsFifty-Five Epstein Becker Green Attorneys Recognized for Professional Excellence–Two Attorneys Distinguished as ...7 minute read
- Firm AnnouncementsThe Legal 500 United States Recognizes Epstein Becker Green as Top-Tier Law Firm in Health Care and Workforce Management ...4 minute read
- Media CoverageLaw360's Hottest Firms and Stories Features Coronavirus Class Action Article by Epstein Becker Green Attorneys2 minute read
- PublicationsEmployee Virus Testing Could Spark Class Action Claims3 minute read
- PublicationsINSIGHT: Inoculating Against Covid-19 Related Wage and Hour Class Litigation2 minute read
- BlogsInoculating Against Wage and Hour Class Litigation Related to COVID-195 minute read
- Firm Announcements
Forty-Seven Epstein Becker Green Attorneys Named by The Best Lawyers in America 2020, One Attorney Distinguished as "Lawyer ...
5 minute read - Firm Announcements
Epstein Becker Green Recognized as Top-Tier Law Firm by The Legal 500 United States, Receives Additional High Rankings ...
4 minute read - Media CoverageJonathan Brenner Quoted in "How to Fire Employees Compassionately"3 minute read
- Firm Announcements
Epstein Becker Green Attorneys Selected for The Best Lawyers in America 2019 and Four Attorneys Named "Lawyer of the Year ...
5 minute read - BlogsNew California Law Aims to Protect Employers and Harassment Victims from Defamation Lawsuits2 minute read
- Firm AnnouncementsLegal 500 United States Recognizes Epstein Becker Green as Top-Tier Recommended Law Firm, Awards Additional High Rankings ...4 minute read
- PublicationsEfforts Continue to Strengthen Equal Pay Laws in 20171 minute read
- Publications2017 Wrap-Up & Heads-Up: The Top Workforce Management Issues of 201731 minute read
- PublicationsAnother Tidal Wave of New California Laws Will Impact Employers in 2018 and Beyond20 minute read
- Media CoverageJonathan Brenner Quoted in "Hustling to Hire Seasonal Workers in California? Know the Applicable Laws"2 minute read
- PublicationsCalifornia’s Ban on Salary History Inquiries: New Law Brings Changes to the Job Application and Hiring Process ...12 minute read
- Media Coverage
Advisory on Salary History Inquiries Featured in Practical Law
3 minute read - PublicationsThe Ground Continues to Shift in Wage and Hour Law30 minute read
- Firm Announcements
38 Epstein Becker Green Attorneys Selected for The Best Lawyers in America 2018, One Honored as "Lawyer of the Year ...
5 minute read - Media CoverageJonathan Brenner Featured in "Workflows: Law Firm News for July 5, 2017"1 minute read
- Media CoverageJonathan Brenner Featured in "Round Up...Bringing In Laterals"1 minute read
- Media CoverageJonathan Brenner Featured in "Epstein Becker Snags Sidley Employment Veteran in LA"2 minute read
- Firm AnnouncementsEmployment and Labor Attorney Jonathan M. Brenner Joins Epstein Becker Green from Sidley Austin3 minute read
- Media CoverageJonathan M. Brenner Mentioned in "Workflows: Law Firm News for June 22, 2017"1 minute read
- PublicationsHernandez v. Hillsides Inc.: Expectations of Privacy in the Workplace?