Practice and Industry Groups

John B. Brown

Shareholder Dallas

John Brown is board certified in labor and employment law by the Texas Board of Legal Specialization. He represents clients in state and federal courts and before administrative agencies in all types of employment-related matters. Mr. Brown routinely represents employers in disputes involving discrimination, retaliation, employment agreements, non-competition agreements, and claims under the Fair Labor Standards Act (FLSA).

Mr. Brown has extensive experience defending employers against FLSA claims. He has represented a wide variety of employers against allegations that employees worked off-the-clock or were misclassified as exempt from overtime pay. He has served as lead counsel in numerous FLSA cases, including collective actions and an action he successfully moved to consolidate by the Judicial Panel on Multidistrict Litigation.

Mr. Brown has obtained successful results for employers in the courtroom. He has won trials ranging from a single-plaintiff discrimination lawsuit to an FLSA collective action involving hundreds of plaintiffs. He also has obtained temporary restraining orders (TROs) and temporary injunctions to protect confidential information and prevent unfair competition. At the appellate level, Mr. Brown has argued and won cases in state and federal appellate courts.


Experience

Wage and Hour

  • 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

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

Professional Activities and Speeches

Professional Activities:

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

Speeches:

  • 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 06, 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

Published Works

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Our Insights

Media

Media Quotes

November 19, 2014 - SHRM.org - "Wage and Hour Errors Common at Small Employers"
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"

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