Brian J. Mills

Bar Admissions

• California

Court Admissions

• Supreme Court of California
• United States District Court, All Districts of California

Education

• Loyola University School of Law, New Orleans (J.D., magna cum laude)
  • Law Review and Moot Court Board
  • American Jurisprudence Awards in Civil Procedure, Property, Copyright, and Patent Law
• North Carolina State University (Master’s Program in Experimental Psychology)
• University of California at Irvine (B.A., Psychology with concentration in Biology)

Awards & Recognition

• The Best Lawyers in America^®, Labor & Employment Litigation (2023-2025), Employment Law – Management (2024-2025)
• AV Preeminent^® Peer Review Rating from Martindale-Hubbell^®
• Southern California Super Lawyers^®, Rising Stars Edition, Employment & Labor (2011-2012)
• Wiley W. Manuel Certificate for Pro Bono Legal Service, State Bar of California (2011-2014)

Representative Litigation

Employment Litigation

• Defense of wage and hour class action claims on behalf of hotel, grocery, construction, manufacturing, transportation, service and retail clients
• Defense of racial discrimination actions on behalf of restaurant, trucking, auto and retail clients
• Defense of sexual harassment and discrimination actions on behalf of hotel, restaurant, retail and service-based clients
• Defense of disability discrimination and medical condition claims on behalf of construction, auto, retail and technology-based clients
• Defense of “whistle-blower” actions on behalf of technology, service-based and retail clients
• Defense of wrongful termination claims on behalf of construction, manufacturing, retail, technology and hotel clients

Other Business Litigation

• Defense of ADA and public accommodation actions against restaurant, grocery, auto, medical service providers, pharmaceutical, amusement park and retail clients
• Defense and prosecution of unfair competition, trade secret, breach of fiduciary duty, and interference claims on behalf of technology and service-based clients
• Defense of and prosecution of breach of contract and defamation claims for service-based clients
• Defended class and individual actions and advised trucking, busing, and logistics companies regarding application of the Federal Motor Carrier Act (FMCA)

Previous Professional Experience

• Kean, Miller, Hawthorne, D’Armond, McCowan & Jarman, L.L.P., Summer Associate

Professional Memberships and Activities

• Orange County Bar Association
  • Labor and Employment Law Section
  • Bridging the Gap Speaker – Labor & Employment Law (2006-2015)
• Association of Business Trial Lawyers
• Warren J. Ferguson American Inn of Court

Community Involvement

• University of California at Irvine Alumni Association
  • Board of Directors
• Orange County Community Tennis Association
  • President, Board of Directors
• Mission Basilica School, San Juan Capistrano, School Board Member
• Freedom Writers Foundation
  • Board of Directors

Representative Presentations and Publications

• “Non-Competes Are Not Only Void in California But Can Now Subject Employers to Liability,” Co-Author, Snell & Wilmer Legal Alert (September 15, 2024)
• “Employee Leaves and New Employment Laws,” Presenter, California Bus Association Convention, Reno, NV (November 6, 2023)
• “Employees in California Get a Bump in Paid Sick Leave,” Co-Author, Snell & Wilmer Legal Alert (October 6, 2023)
• “HR Law Review: Employment Considerations for Managing Employees: Hybrid, Remote and Telecommuting; Artificial Intelligence and Employment Issues; and Employee Benefits for Recruiting and Retention,” Presenter, 2023 FAOG Conference, San Diego, CA (September 12, 2023)
• “Back From the Dead: California Legislature Resurrects the Industrial Welfare Commission,” Co-Author, Snell & Wilmer Legal Alert (July 31, 2023)
• “Punitive Damages,” Co-Author, Employment Damages and Remedies, Chapter 6, Continuing Education of the Bar – California (May 2023)
• “What Is California’s New Pay Transparency Law and How Will It Effect Employers and Applicants?,” Episode Host, CalCurrent Podcast (February 9, 2023)
• “2023: The Year Pay Transparency Becomes a Much Bigger Deal,” Co-Author, Snell & Wilmer Legal Alert (November 15, 2022)
• “Everything Employers Need To Know About the EEOC’s Updated “Know Your Rights” Poster,” Co-Author, Snell & Wilmer Legal Alert (October 26, 2022)
• “It’s All About the Money (and Pay Equity): California Will Require Employers to Disclose Salary Ranges in Job Postings,” Co-Author, Snell & Wilmer Legal Alert (September 30, 2022)
• “California Revives COVID-19 Supplemental Paid Sick Leave,” Co-Author, Snell & Wilmer Legal Alert (February 10, 2022)
• “U.S. Supreme Court To Review Vaccine Mandates,” Co-Author, Snell & Wilmer Legal Alert (December 23, 2021)
• “Sixth Circuit Wins ETS Lottery and OSHA Suspends ETS-Related Activities,” Co-Author, Snell & Wilmer Legal Alert (November 17, 2021)
• “COVID-19 Vaccination and Testing: Emergency Temporary Standard,” Co-Presenter, 2021 Federal OSHA Emergency Temporary Standard Webinar (November 10, 2021)
• “OSHA’s Vaccination and Testing ETS Suspended,” Co-Author, Snell & Wilmer Legal Alert (November 8, 2021)
• “COVID-19 Vaccination and Testing ETS,” Co-Author, Snell & Wilmer Legal Alert (November 5, 2021)
• “OSHA and the Continuing Impact of COVID-19 on the Workplace,” Co-Presenter, 2021 Employment Law Tool Kit Two-Part Webinar Series: Session 1: Issues for All Employers (November 4, 2021)
• “Employers Revisit Mandatory Vaccinations for Employees Following Full Approval of the Pfizer-BioNTech Vaccine,” Co-Author, Snell & Wilmer Labor and Employment Law Blog (August 27, 2021)
• “To Mask or Not To Mask, That Is the Question… That Employers Are Asking,” Co-Author, Daily Journal (June 23, 2021)
• “California’s New Face Covering Policy Imposes Additional Burdens on Employers,” Co-Author, Snell & Wilmer Legal Alert (June 22, 2021)
• “Face Coverings and Social Distancing Remain a Reality for California Businesses After Cal/OSHA Delays Vote,” Co-Author, Snell & Wilmer Legal Alert (May 21, 2021)
• “California Employers with 100+ Employees Should be Aware of Fast Approaching Pay Data Report Deadline,” Co-Author, Snell & Wilmer Labor & Employment Law Blog (February 23, 2021)
• “Safe Workplaces and OSHA Compliance,” Co-Presenter, Cal/OSHA Emergency COVID-19 Regulation Webinar (December 3, 2020)
• “Cal-OSHA Emergency COVID-19 Regulation,” Co-Author, Snell & Wilmer Legal Alert (November 23, 2020)
• “Trends in Wage & Hour Litigation,” Presenter, 2020 Employment Law Tool Kit Three-Part Webinar Series: Session 2: California-Specific Issues (November 12, 2020)
• “Top Employment Law Concerns Surrounding a Return to Work,” Co-Presenter, Financial Executives International (FEI) Orange County Webinar (May 13, 2020)
• “A Roadmap to Reopening or Resuming Business in the Midst of a Pandemic,” Co-Author, Snell & Wilmer Legal Alert (April 22, 2020)
• “Navigating California’s Meal and Rest Break Requirements,” Quoted, HR Magazine (SHRM) (March 14, 2020)
• “The Part-Time Worker Bill of Rights Is Introduced,” Author, Snell & Wilmer Labor and Employment Law Blog (December 13, 2019)
• “10 Tips to Help Keep You Out of Legal Hot Water with Your Employees,” Presenter, Mattson Legal Seminar, Costa Mesa, CA (November 14, 2019)
• “Bad Apples: How to Spot Them, Swiftly Fire Them, and Reduce Your Exposure,” Co-Presenter, Employment Law Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 6, 2019)
• “Title III of the Americans with Disabilities Act: How Individuals Are Turning the ADA into an ATM,” Presenter, Employment Law Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 6, 2019)
• “Responding to Social Media Issues in the #MeToo Era,” Presenter, California Bus Association Convention, Carlsbad, CA (October 14, 2019)
• “The Dynamex Decision Revisited,” Presenter, CMAA Southern California Chapter Legal Seminar, Long Beach, CA (August 29, 2019)
• “I Think My Employee Is on Drugs – Now What Can I Do?” Presenter, Mattson Legal Seminar, Costa Mesa, CA (August 1, 2019)
• “Battle on Making Dynamex “ABC” Into Law Now Moves Into the California Senate,” Quoted, Freight Waves (July 9, 2019)
• “California Meal and Rest Break Rules Are Preempted by Federal Law for Property-Carrying Truck Drivers,” Co-Author, Snell & Wilmer Labor & Employment Law Blog (January 4, 2019)
• “Best Practices When Terminating Employees,” Presenter, Mattson Legal Seminar, Costa Mesa, CA (November 8, 2018)
• “Recent Trends in Wage and Hour Class Actions,” Co-Presenter, Employment Law Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 7, 2018)
• “Dynamex: The Destruction of the Independent Contractor Model and Where We Are Now,” Co-Presenter, Employment Law Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 7, 2018)
• “Navigating the Sea of Differing Wage and Employment Laws in California,” Presenter, California Bus Association Convention, Olympic Valley, CA (October 22, 2018)
• “Did Dynamex Destroy the Independent Contractor Model?” Co-Presenter, Snell & Wilmer Seminar, Los Angeles, CA (October 17, 2018)
• “Dynamex and the Destruction of the Independent Contractor Model,” Presenter, Orange County FEI Professional Development Session, Newport Beach, CA (October 10, 2018)
• “Did Dynamex Destroy the Independent Contractor Model? How Dynamex Affects Your Project,” Co-Presenter, CMAA Southern California Chapter Legal Seminar, Long Beach, CA (October 4, 2018)
• “Did Dynamex Destroy the Independent Contractor Model?” Co-Presenter, Snell & Wilmer Seminar, Costa Mesa, CA (September 27, 2018)
• “Did Dynamex Destroy the Independent Contractor Model?” Co-Presenter, Snell & Wilmer and Association of Corporate Counsel (Southern California Chapter) Harbor Cruise CLE, Newport Beach, CA (June 20, 2018)
• “Ten Practical Tips for Hiring Employees,” Co-Author, Orange County Business Journal (June 18, 2018)
• “Spotting Hot Button Issues For Nonprofit Employers” (Training Program for Pro Bono Nonprofit Organizations Legal Assessment Clinic), Presenter, ACC-SoCal, Public Law Center, UCI Law, Irvine, Ca (May 10, 2018)
• “Quirks in California Employment Law Every Startup Should Know,” Presenter, OC Chapter of National Contract Management Association Annual Education Symposium – Contracting in the Age of Startups, Technology & Innovation, Irvine, CA (April 26, 2018)
• “Employment Law Update,” Presenter, Entrepreneurs’ Organization Orange County Power Breakfast, Costa Mesa, CA (April 10, 2018)
• “New California Laws: Restricting an Employer’s Ability to Make Pre-Hire and Personnel Decisions and More,” Presenter, Mattson Legal Seminar, Costa Mesa, CA (March 15, 2018)
• “California Supreme Court Deviates From Federal Regulations on Calculating Regular Rate of Pay on Flat Rate Bonuses,” Author, Snell & Wilmer Legal Alert (March 9, 2018)
• “Limiting the Scope of Anti-Retaliation Measures: The Supreme Court Narrows the Definition of the term “Whistleblower” Under the Dodd-Frank Act,” Co-Author, Snell & Wilmer Legal Alert (February 22, 2018)
• “Mediation: How It Works and Is It Worth It,” Presenter, Entrepreneurs’ Organization – Orange County, Irvine, CA (December 11, 2017)
• “What Not to Ask: Avoiding Discrimination Claims During the Hiring Process,” Co-Presenter, Employment Law Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 7, 2017)
• “Why Am I Hurting?: What Employers Should Know About Employees with Injuries, Disabilities and Medical Conditions,” Presenter, Mattson Legal Seminar, Costa Mesa, CA (August 10, 2017)
• “Punitive Damages,” Co-Author, Employment Damages and Remedies, Chapter 6, CEB – California (May 2017)
• “How Employers Can Help Prevent Workplace Sexual Harassment Lawsuits,” Presenter, Mattson Legal Seminar, Costa Mesa, CA (March 23, 2017)
• “Updates on Exempt Employees Under the FLSA,” Presenter, Employment Law Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 16, 2016)
• “Internal Investigations: Overview and Current Developments,” Co-Presenter, Employment Law Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 16, 2016)
• “Avoid the Pain! What Employers Should Know About Accommodating Employees with Injuries, Disabilities and Medical Conditions,” Presenter, California Bus Association Convention, Rancho Mirage, CA (October 17, 2016)
• “Drug Testing and Marijuana in the Workplace,” Presenter, Mattson Legal Seminar, Costa Mesa, CA (September 22, 2016)
• “How to Deal with Unusual & Awkward Employee Issues,” Presenter, Mattson Legal Seminar, Costa Mesa, CA (March 24, 2016)
• “Ten Practical Tips for Terminating Employees,” Author, Orange County Business Journal (December 7, 2015)
• “New California Law Creates New Requirements for Employers Paying Workers on a Piece-Rate Basis,” Co-Author, Under Construction (December 2015)
• “What to Expect When Your Employee is Expecting,” Presenter, Employment Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 12, 2015)
• “Identifying & Managing Problem Employees,” Presenter, California Bus Association Convention, Yosemite, CA (October 20, 2015)
• “Ten Tip for Terminating Employees,” Presenter, Mattson Legal Seminar, Costa Mesa, CA (September 24, 2015)
• “Changes Affecting Employer’s CFRA Policies and Procedures Begin Today,” Co-Author, Snell & Wilmer Legal Alert (July 1, 2015)
• “Hot Topics and Critical Issues in California Employment Law,” Presenter, Mattson Legal Seminar, Costa Mesa, CA (June 25, 2015)
• “Claims Beyond OSHA,” Presenter, OSHA Update Seminar, Snell & Wilmer, Costa Mesa, CA (June 19, 2015)
• “Avoiding Employment Law Hazards: Keys to Running a Tight Ship for In-House Counsel,” Co-Presenter, Association of Corporate Counsel (Southern California Chapter), Long Beach, CA (June 3, 2015)
• “Punitive Damages,” Co-Author, Employment Damages and Remedies, Chapter 6, CEB – California (May 2015)
• “Ten Tips to Prevent Workplace Sexual Harassment Lawsuits,” Presenter, Mattson Legal Seminar, Costa Mesa, CA (March 12, 2015)
• “The meal-break battle: If you operate buses in California, don’t ignore the law,” Quoted, Bus & Motorcoach NEWS (December 1, 2014)
• “Why Your Employee’s Workplace Injury Can Cost You Even More,” Presenter, Employment Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 13, 2014)
• “WARNING: Your Collective Bargaining Agreement (CBA) May Not Protect You,” Author, Snell & Wilmer Legal Alert (November 13, 2014)
• “Give Me a Break! – What Employers Should Know About California’s Meal and Rest Break Requirements,” Presenter, California Bus Association Convention, Sonoma, CA (October 27, 2014)
• “Avoid the Pain! – What Employers Should Know About Accommodating Employees with Injuries, Disabilities and Medical Conditions,” Presenter, Mattson Legal Seminar, Costa Mesa, CA (October 2014)
• “Ten Tips on How to Conduct an Effective Workplace Investigation,” Presenter, Mattson Legal Seminar, Costa Mesa, CA (June 2014)
• “Independent Contractors – Risks & Rewards,” Presenter, National Contract Management Association, Irvine, CA (May 15, 2014)
• “California Wage & Hour Master Class,” Presenter, Business & Legal Resources and HR Hero, San Diego, CA (March 20, 2014)
• “Identifying and Managing Problem Employees,” Presenter, Mattson Legal Seminar, Costa Mesa, CA (March 2014)
• “U.S. and California Supreme Court Game-Changing Cases of 2013 and Beyond: How Will They Impact Your Business?,” Speaker, Roundtable Presentation, Snell & Wilmer, Costa Mesa, CA (February 25, 2014)
• “Avoiding Bad Apple Employees and Wage and Hour Nightmares,” Presenter, Employment Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 7, 2013)
• “New California Law Requires Employers to Provide Heat “Recovery Periods,” Author, Snell & Wilmer Legal Alert (November 6, 2013)
• “Wage & Hour Issues that Keep Employers Up at Night” Mattson Legal Seminar, Costa Mesa, CA (September 2013)
• “The Wage and Hour Pitfalls Multistate Employers Need to Avoid in California,” Presenter, Multistate Employers in California Summit: Employment Law Essentials for HR Webinar, Business & Legal Resources (July 9, 2013)
• “California Employment Law Update: Dos and Don’ts for Multistate Employers,” Presenter, HR Hero Webinar Series, Business & Legal Resources (April 16, 2013)
• “U.S. and California Supreme Court Game-Changing Cases of 2012 and Beyond: How Will They Impact Your Business?,” Speaker, Roundtable Presentation, Snell & Wilmer, Costa Mesa, CA (February 26, 2013)
• “Do My Employees Ever Have to Work?” Mattson Legal Seminar, Costa Mesa, CA (February 2013)
• “Independent Contractors – What’s in a Name?” and “New Hire Notices – More Paper for Employers to Complete,” Speaker, Employment Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 8, 2012)
• “Punitive Damages,” Co-Author, Employment Damages and Remedies, Chapter 6, CEB (1st  ed. 2012)
• “Legal Alert – Brinker Gives Employers a Break but Not a Free Ride,” Author, Snell & Wilmer (April 13, 2012)
• “U.S. and California Supreme Court Game-Changing Cases of 2011 and Beyond: How Will They Impact Your Business?,” Speaker, Roundtable Presentation, Snell & Wilmer, Costa Mesa, CA (April 2012)
• “I Think My Employee Is on Drugs” Mattson Legal Seminar, Costa Mesa, CA (February 2012)
• “The Ten Commandments of Religious Discrimination,” Speaker, Employment Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (October 2011)
• “Where Are My Employees Headed With My Trade Secrets?,” Speaker, Employment Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (October 2011)
• “Do you need IMAGE? Promoting employer compliance with immigration laws,” Co-Author, Daily Journal (September 1, 2011)
• “The Ten Commandments of Religious Discrimination,” Co-Author, Orange County Business Journal (August 22-28, 2011)
• “Help Protect Your Company From the High Cost of a Wage and Hour Lawsuit” Mattson Legal Seminar, Costa Mesa, CA (May 2011)
• “Take Control of Your Computers: Top 5 Considerations in the New Media Era,” Speaker, Employment Toolkit Seminar, Snell & Wilmer, Costa Mesa, CA (October 2010)
• “My Employee is Injured — So Why Am I in Pain?,” Co-Author, Orange County Business Journal, Vol. 33, No. 38 (September 20, 2010)
• “Tips for Dealing with Employees Who Have Disabilities, Injuries and Medical Conditions” Mattson Legal Seminar, Costa Mesa, CA (September 2010)