Brian T. McMillan focuses his practice on wrongful termination and employment discrimination litigation in state and federal courts. He also defends and represents employers in:
- Wage and hour claims
- Unemployment hearings and appeals
- Arbitrations
- Labor negotiations
- Workplace violence issues
- Claims under state and federal discrimination laws
Among his notable successes, Brian was lead counsel in the precedent setting case that determined temporary psychological impairments do not constitute disabilities under the Americans with Disabilities Act - (Sanders v. Arneson Products Inc., 91 F.3d 1351 (9th Cir. 1996)).
Additionally, Brian frequently counsels employers on day-to-day employment law issues such as:
- Employment contracts
- Covenants not to compete
- Unfair business practices
- Personnel policies
- Hiring and termination procedures
- Risk management protocols
- Mandatory arbitration
He also conducts in-house training sessions and risk management audits to help clients avoid employment-related liability.
Co-creator of Littler Mendelson's Risk Management Program, a comprehensive program to review and assess an employer's employment policies and practices, Brian is widely-considered a leading authority on employment practices liability insurance issues and has authored several articles on this topic. He has also published articles on topical employment law issues and has made numerous presentations on specialized areas of labor and employment law, such as:
- Wrongful termination
- Wage and hour issues
- Avoiding liability associated with layoffs and downsizing
- Discrimination
- Violence in the workplace
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Member, Labor and Employment Law Section - Santa Clara County Bar Association
- Member, Labor and Employment Law Section - San Mateo County Bar Association
- Member, Labor and Employment Law Section - State Bar of California
PUBLICATIONS AND PRESS
- July 24, 2012Business Insurance
- December 21, 2007Workforce Management
- 1999Managing Employment Risk of Employment-Related Practices Liabilities by Influencing the Behavior of Employee ClaimantsWestern New England Law Review, Vol. 21, Issue 2, pg. 427-446
- 1999The EPLI Shopping GuideInsurance Litigation
- 1998EPLI PoliciesNational Law Journal
- Fall 1997Questions to Ask When Buying EPLIPreventative Law Reporter, Vol. 6, No. 3
- 1997Breathe Again, Insurance for EmployersCalifornia Law Business
BOOKS & BOOK CHAPTERS
- Managing Workplace Harassment -- A Guide for Preventing, Addressing and Resolving Harassment Issues on the Job, Lexis Nexis,122 pg., 2003
- Ten Steps to Help You Stay Out of Court - Hire & Fire Guide, g.Neil, 2001
- A Complete Program for Preventing, Addressing and Resolving Harassment Issues in the Workplace - Unlawful Harassment Module, g.Neil, 108 pg., 2000
- Family and Medical Leave Act -- A Ten-Step Federal and State Compliance Guide For Employers, g.Neil, 104 pg., 2000
SPEAKING ENGAGEMENTS
- May 11, 2012Insurance Coverage of Employment Law Claims: How Employers and Insurance Carriers Can Work Together Effectively
The 2012 Executive Employer® Conference, Littler Mendelson, Scottsdale, AZ - April 2006Avoiding Potential Conflicts of Interest Between Insureds and Defense Counsel
Employment Practices Liability Symposium - April 2005Employment Class Actions
Employment Law Symposium - Professional Liability Underwriting Society - 2001Avoiding Litigation Landmines
Annual Convention - American Supply Association - 2001Separation Practices - Severance/Release Agreements and Reductions in Force
Top Five Data Services - 2001Employment Practices Liability Insurance
Producers’ Conference - AIG - 2001Avoiding Litigation Landmines
National Truckers Association Conference - March 1999Influencing the Behavior of Employee Claimants
EPL Insurance Symposium - Professional Liability Underwriting Society - October 1998Avoiding Litigation Landmines
AIG Executive Conference
