John B. Brown

Wage and Hour

• Won a trial for a technology company sued for FLSA misclassification and breach of contract
• Won summary judgment for an oilfield services company in an FLSA misclassification case that had been conditionally certified as a collective action
• Won summary judgment for a dental practice in two FLSA off-the-clock cases
• Won summary judgment for a food distributor in an FLSA misclassification case. The Fifth Circuit Court of Appeals affirmed the judgment after oral argument.
• Won summary judgment for a RV retailer in an FLSA misclassification case
• Defeated conditional certification in an FLSA misclassification case in which plaintiffs sought a nationwide class against a retailer
• Defeated conditional certification in an FLSA misclassification case in which plaintiffs sought a statewide class against a retailer
• Defeated conditional certification in an FLSA misclassification case against a chemical company
• Won dismissal of a RICO class action involving allegations that the defendants violated immigration laws to pay depressed wages. The Fifth Circuit Court of Appeals affirmed the decision after oral argument.
• Member of defense team that won a trial for a large food-processing company in an FLSA collective action involving time spent donning and doffing
• Represented numerous employers in DOL investigations

Discrimination and Retaliation

• Won a trial for an automobile dealership sued for retaliation
• Won a trial for an engineering firm sued for retaliation
• Won an arbitration for an automobile manufacturer in a retaliation case
• Won summary judgment for a national disposal company sued for race and age discrimination
• Won summary judgment for an automobile manufacturer sued for FMLA interference and disability discrimination. The Fifth Circuit Court of Appeals affirmed the judgment after oral argument
• Won summary judgment for a software company sued for age discrimination
• Won summary judgment for a service provider sued for race discrimination
• Defeated class certification in a nationwide religious-discrimination case against an automobile manufacturer and then won summary judgement on the individual claims

Employment Agreements and Restrictive Covenants

• Won a trial for a manufacturing company sued for breaching the former CEO’s employment agreement. The Court of Appeals upheld the verdict after oral argument.
• Won partial summary judgment and obtained a favorable settlement for a healthcare company sued by a former executive for breach of contract
• Obtained numerous TROs and temporary injunctions against former employees on behalf of employers

Education

• J.D., Baylor University, 1995
• B.A., Southern Methodist University, 1992

Admission to Practice

• U.S. District Court, District of New Mexico
• U.S. District Court, Eastern and Western Districts of Arkansas
• Texas
• U. S. District Court, Eastern, Northern, Southern and Western Districts of Texas
• U.S. Court of Appeals, Fifth and Eighth Circuits
• U.S. District Court, Northern and Western Districts of Oklahoma

• American Bar Association
• State Bar of Texas
• Dallas Bar Association

• 19th Annual Texas Labor and Employment Law Update – “Let’s Give Them Something to Talk About: Pay Transparency and Other Wage and Hour Updates” – Austin – November 3, 2023
• Ogletree Deakins Briefing – “Wage & Hour: Employers Under Attack From Both Sides” – Dallas – September 16, 2015
• HRSouthwest Conference – “Avoiding Wage-Hour Claims & Collective Actions” – Ft. Worth – October 6, 2014
• Ogletree Deakins Employment Law Briefing – “Applying Wage and Hour Laws to the 21st Century Workforce” – Dallas – May 31, 2012
• Ogletree Deakins Employment Law Briefing – “Social Media Policies – Why You Need Them and What They Should Include” – Dallas – April 15, 2011

• June 19, 2014 – SHRM.org – “Police Captain Who Opposed Event at Islamic Center Lacks Constitutional Claim”
• 2014 – HR Compliance Library (co-editor) – “2014 Texas Human Resources Manual”

• November 19, 2014 – SHRM.org – “Wage and Hour Errors Common at Small Employers”

• Recognized in the 2025 edition of The Best Lawyers in America^® for Litigation – Labor and Employment
• AV Rated by Martindale-Hubbell
• Thomson Reuters Stand-Out Lawyer (2024)
• Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization
• Order of Barristers – Baylor University School of Law
• Baylor Mock Trial Team
• Phi Delta Phi