Brian K. Morris

Associate

San Francisco

As an associate in the firm's Labor and Employment Group, Brian recognizes that employers face an ever-changing regulatory environment. Brian partners with employers in crafting business-focused solutions for complying with the web of federal, state, and local employment laws and regulations. He also aggressively defends employers in class, representative, and single plaintiff proceedings in federal and state courts, and in administrative proceedings before the National Labor Relations Board, the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the California Labor Commissioner, and the California Employment Development Department. For example, Brian has defended employers in proceedings relating to unpaid minimum wage and overtime; meal and rest breaks; Independent contractor misclassification; exempt / non-exempt misclassification; discrimination and harassment based on race, sex, disability, and other protected characteristics; retaliation, whistleblowing, and wrongful termination; family and medical leave; California Private Attorneys General Act (PAGA); Fair Credit Reporting Act; breach of contract; and various tort claims (for example, intentional infliction of emotional distress).

Experience

Representative matters

Obtained dismissal in RLA hybrid case involving breach of the CBA against United and breach of the DFR by the IAM. Hill v. Int’l Ass’n of Machinists & Aero. Workers, 2019 WL 4544129 (S.D. Tex. Sept. 19, 2019). The decision was affirmed on appeal. Hill v. Int’l Ass’n of Machinists & Aero. Workers, 828 Fed. Appx. 216 (5th Cir. 2020).
Obtained dismissal of individual and representative PAGA, discrimination, and whistleblower claims filed by union employee based on federal preemption and failure to state a claim. Kroeger v. L3 Techs., Inc., 2018 WL 1357363 (C.D. Cal. Mar. 15, 2018)
Obtained reversal of district court dismissal in Ninth Circuit Court of Appeals in case related to scope of prosecutorial immunity under federal and California law. Garmon v. County of Los Angeles, 828 F.3d 837 (9th Cir. 2016)

Credentials

Education

  • New York University School of Law, 2011, J.D., Article Editor (2010-2014), Staff Editor (2009-2010) for New York University Journal of Law and Liberty
  • University of Oklahoma, 2008, B.A.

Professional admissions & qualifications

  • California
  • Texas

Court admissions

  • Supreme Court - California
  • U.S. District Court - Northern District of California
  • U.S. District Court - Central District of California
  • U.S. District Court - Southern District of California
  • U.S. Court of Appeals - Ninth Circuit
  • U.S. District Court - Northern District of Texas
  • U.S. District Court - Southern District of Texas

Professional affiliations

  • State Bar of California
  • Bar Association of San Francisco 
  • Iranian American Bar Association