M. Brett Burns

Firm/Organization: Hunton Andrews Kurth LLP

Blogs: Hunton Employment & Labor Perspectives

Latest Articles

New York Federal Court Limits Accessibility Litigation By Strictly Construing the Standing Requirement

January 8, 2020

Could the onslaught of anticipated accessibility litigation surrounding Braille Gift Cards in 2020 be limited by a strict construction of the ADA Title III standing requirement? Maybe so. The cottage industry of accessibility litigation in New York was recently dealt a blow when the Eastern District of New York dismissed a serial plaintiff’s class action accessibility complaint by strictly construing the standing requirement and finding that the court lacked subject matter jurisdiction.…

Hunton Employment & Labor Perspectives

California DFEH Updates FAQ on Sexual Harassment Prevention Training in Light of New Deadline to Comply

By Katherine P. Sandberg, Ryan M. Bates & M. Brett Burns

January 7, 2020

The California Department of Fair Employment and Housing (“DFEH”) recently updated its Sexual Harassment Prevention Training FAQ guidance to address some of the questions surrounding SB 1343, which requires employers with five or more employees to provide classroom or “other interactive training” for all California employees (not just supervisors) every two years. SB 1343 was initially set to go into effect on January 1, 2020. But in 2019, Governor Newsom signed two amendments to SB…

Hunton Employment & Labor Perspectives

The Next Wave of Accessibility Litigation in the Retail Industry: Braille Gift Cards

By Ryan P. Phair, M. Brett Burns & Torsten M. Kracht

November 6, 2019

As discussed on the Hunton Retail Law Resource blog on November 5, 2019, for the past few years, retailers have been confronted with a tidal wave of litigation alleging that their websites are inaccessible in violation of the Americans with Disabilities Act (ADA). Indeed, in 2018 alone, one analysis determined that there were at least 2,258 web accessibility cases filed in federal court, a 177 percent increase from the previous year. Read More…

Hunton Retail Law Resource

The Next Wave of Accessibility Litigation in the Retail Industry: Braille Gift Cards

By Ryan P. Phair, M. Brett Burns & Torsten M. Kracht

November 5, 2019

For the past few years, retailers have been confronted with a tidal wave of litigation alleging that their websites are inaccessible in violation of the Americans with Disabilities Act (ADA). Indeed, in 2018 alone, one analysis determined that there were at least 2,258 web accessibility cases filed in federal court, a 177 percent increase from the previous year.[1] Of these cases, a total of 1,564—over 69 percent—were filed in New York federal courts by…

Hunton Employment & Labor Perspectives

11th Circuit Says Single Text Message Does Not Convey Standing in TCPA Action

By D. Andrew Quigley & M. Brett Burns

October 3, 2019

Does an individual who receives a single text message, in violation of the Telephone Consumer Protection Act of 1991 (“TCPA”), have standing to sue in federal court? The answer, for now, depends on where the lawsuit is filed.…

Hunton Retail Law Resource

Latest DOL Guidance Sanctions Rounding Practices

By Gabriel M. Huey & M. Brett Burns

August 22, 2019

On July 1, 2019, the Department of Labor (“DOL”) issued an opinion letter regarding permissible rounding practices under the Service Contract Act (“SCA”). Although the SCA governs government contractors, the DOL’s guidance is nevertheless helpful to retailers because the SCA incorporates Fair Labor Standards Act (“FLSA”) rounding principles, which are applicable to them.…

Hunton Employment & Labor Perspectives

Ninth Circuit Holds That Inadmissible Evidence Can Be Used to Support Employees’ Motions for Class Certification

By J. Drei Munar & M. Brett Burns

June 14, 2019

In Corona Regional Medical Center v. Sali, No. 18-1262 (May 3, 2019), the Supreme Court recently dismissed a petition for a writ of certiorari that would have resolved a circuit split as to whether expert testimony must be admissible to be considered at the class certification stage. As a result, the Ninth Circuit remains one of only two circuits that have ruled workers are not required to submit admissible evidence to support a motion for…

Hunton Retail Law Resource

New California Proposition Seeks to Expand Paid Sick Leave Requirement from Three to Five Days

By Amanda C. Koziol & M. Brett Burns

May 15, 2019

Introduced by the architect of California’s existing paid sick leave law, AB 555 would expand paid sick leave to require employers to provide 40 hours, or 5 days, of sick leave by the employee’s 200th calendar day of employment. Additionally, employers are only able to cap the amount of paid sick leave a worker earns to 80 hours, or 10 days. Finally, the employer is required to allow an employee to carry over up to…

Hunton Employment & Labor Perspectives

California Chamber of Commerce Identifies First “Job Killer” Bills of 2019

By D. Andrew Quigley & M. Brett Burns

April 8, 2019

Each year, the California Chamber of Commerce (“Chamber”) identifies proposed state legislation that the Chamber believes “will decimate economic and job growth in California.” The Chamber refers to these bills as “Job Killers.” In March, the Chamber identified the first two Job Killers of 2019: AB 51 and SB 1. Both bills would negatively impact retailers in California. You can view the Chamber’s Job Killer site here. Continue Reading…

Hunton Retail Law Resource

California Chamber of Commerce Identifies First “Job Killer” Bills of 2019

By D. Andrew Quigley & M. Brett Burns

April 5, 2019

M. Brett Burns

New York Federal Court Limits Accessibility Litigation By Strictly Construing the Standing Requirement

California DFEH Updates FAQ on Sexual Harassment Prevention Training in Light of New Deadline to Comply

The Next Wave of Accessibility Litigation in the Retail Industry: Braille Gift Cards

The Next Wave of Accessibility Litigation in the Retail Industry: Braille Gift Cards

11th Circuit Says Single Text Message Does Not Convey Standing in TCPA Action

Latest DOL Guidance Sanctions Rounding Practices

Ninth Circuit Holds That Inadmissible Evidence Can Be Used to Support Employees’ Motions for Class Certification

New California Proposition Seeks to Expand Paid Sick Leave Requirement from Three to Five Days

California Chamber of Commerce Identifies First “Job Killer” Bills of 2019

California Chamber of Commerce Identifies First “Job Killer” Bills of 2019

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