Brian D. Burbrink

Of Counsel Indianapolis

Brian Burbrink is an experienced litigator. With a particular focus on labor and employment litigation and counseling, Brian represents management in a broad variety of matters, including:

Individual claims in agency and court actions. Defends clients in administrative proceedings and in federal and state court litigation against claims of age, race, sex, and disability discrimination, wage and hour violations, and retaliation, among others. Has obtained numerous favorable summary judgment rulings in such cases. Prosecutes and defends claims involving non-compete and non-solicitation agreements, misappropriation of trade secrets, and other forms of unfair competition.

Class and collective actions.  Defends cases alleged as collective and class actions, including numerous FLSA collective actions and other multi-plaintiff cases.

Administrative Proceedings. Represents employers in proceedings before the Equal Employment Opportunity Commission, the US Department of Labor, and the Indiana Civil Rights Commission, among other agencies.

Mediations and negotiations. Represents employers and corporate clients in formal, court-ordered settlement conferences and mediation programs and in informal, voluntary claim resolution negotiations.

Terms of Employment. Advises clients regarding compliance with federal, state, and local law, including Title VII, ADA, ADEA, FLSA, FMLA; assists clients in conducting investigations of harassment and employee misconduct; enforces confidentiality agreements and non-compete agreements, and defends related claims.

Policies and practices. Drafts employment contracts and severance agreements, disciplinary notices, employee manuals and handbooks, non-compete and non-solicitation agreements, and other employment-related documents.

In 2016, Brian served as Chair of the Indianapolis Bar Association's Labor and Employment Section.  Brian was selected as an Indiana Super Lawyer, Rising Star for 2017, in employment litigation defense, an honor bestowed on only 2.5 percent of lawyers in the State of Indiana.  Brian is also involved in pro bono work.  In 2016, he obtained a defense verdict for a pro bono client in a bench trial involving real estate disclosures.  In 2014, Brian obtained asylum on behalf of an unaccompanied alien child from Ethiopia.

Professional Activities and Speeches

Professional Activities:

  • Indiana Bar Association
  • Indianapolis Bar Association (Labor & Employment Division - Executive Committee)


  • FMLA Update Seminar Indiana Chamber of Commerce - ''The FMLA Framework: Putting the FMLA Puzzle Together'' - Indianapolis - January 2017
  • Indianapolis Bar Association - ''Employment Law for Small Businesses'' - Indianapolis - November 2016
  • 2016 Advanced Human Resources Seminar, Indiana Chamber of Commerce - ''Advanced FMLA/ADA'' - Indianapolis - July 2016
  • 52nd Annual Human Resources Conference & Expo, Indiana Chamber of Commerce - ''ADA and FMLA – So many Questions, So Many Answers'' - Indianapolis - April 2016
  • Association of Corporate Counsel, Indiana Chapter - ''Employment Law Update'' - Indianapolis - March 2015
  • Lorman Employment Law Update - ''Employment Discrimination and Retaliation'' - Indianapolis - December 11, 2012


Published Works