Our People

Brian P. Walter

Partner, Los Angeles

310.981.2024
bwalter@lcwlegal.com
Bio
Experience Representative Matters Affiliations Awards Publications Presentations

Brian Walter represents clients in all aspects of employment and labor law, including counseling on employment and labor relations matters, labor negotiations, training and presentations, employee discipline matters, administrative hearings, investigations and litigation. Brian has handled numerous class actions and collective actions in federal and state courts. He has developed extensive expertise in handling Fair Labor Standards Act (FLSA) issues on behalf of many different employers. Brian also has extensive experience representing law enforcement agencies, including successfully defending employee discipline matters for sworn and civilian law enforcement personnel. Brian has written amicus briefs on behalf of employer organizations to the Third Circuit, Ninth Circuit and U.S. Supreme Court. He has also published numerous articles regarding labor and employment issues, including articles for the IPMA Public Personnel Management Journal, Los Angeles Daily Journal, and California Public Employee Relations Journal.

Brian regularly advises and counsels clients on FLSA issues, conducts FLSA audits for clients, represents clients in DOL and DLSE audits, and presents trainings on FLSA issues. He has litigated dozens of collective actions in federal court through all stages of litigation, including jury trials and appeals. Brian recently won a federal court trial regarding FLSA off-the clock overtime claims on behalf of the City of Los Angeles. Brian is a member of the Editorial Advisory Board for Thompson Publishing Group's Fair Labor Standards Handbook For States, Local Governments & Schools. Brian has also authored many publications regarding FLSA issues, including the firm's FLSA Public Sector Compliance Guide and the CPER Pocket Guide to the FLSA. He assists agencies with the design and modification of payroll systems in order to achieve full compliance with wage and hour laws. Brian has also participated in drafting of legislation regarding wage and hour issues.

Representative Matters

Amicus Briefs

  • Engquist v. Oregon Department of Agriculture (2008) - Prepared an amicus curiae brief on behalf of the League of California Cities and the California State Association of Counties for the United States Supreme Court case Engquist v. Oregon Department of Agriculture (2008) 553 U.S. 591, 128 S. Ct. 2146. There, the Court held that public employees cannot challenge employment actions as violating the Equal Protection clause under a "class of one" theory. Under such a theory, public employees could have argued that the United States Constitution's Equal Protection clause required virtually all employment actions to have a "rational basis." The Supreme Court's holding foreclosed what could have been a far-reaching theory of liability for the plaintiffs' bar.

Appellate

  • Siegmund v. County of Orange (2011) - Deputy sheriffs alleged that the County underpaid them for overtime worked in violation of the Fair Labor Standards Act. In an unpublished opinion, the Ninth Circuit Court of Appeals affirmed summary judgment for the County, finding that the deputy sheriffs failed to show that any employee was paid less than the FLSA requires for any pay period.
  • Petersen Law Firm v. City of Los Angeles (2011) - Litigated an appeal by petitioners that followed LCW's successfully defeating a lawsuit against the City through an Anti-SLAPP case.  On April 13, 2011, the Court of Appeal affirmed the trial court's order granting the Anti-SLAPP motion in favor of the City defendants.  The Court also determined that the trial court did not provide a sufficient explanation for awarding less than the full amount of attorney's fees, and remanded the case back to the trial court to reconsider the amount of attorney's fees to be awarded to the City defendants.

Litigation

  • Successfully Defeated A Lawsuit Against A City In An Anti-SLAPP Case (2011) - LCW attorneys successfully defeated a lawsuit against the City and won an appeal in an Anti-SLAPP case.  On April 13, 2011, in an unpublished decision, the Court of Appeal affirmed the trial court's order granting the Anti-SLAPP motion in favor of the City defendants.  The Court also determined that the trial court did not provide a sufficient explanation for awarding less than the full amount of attorney's fees, and remanded the case back to the trial court to reconsider the amount of attorney's fees to be awarded to the City defendants.
  • Batts et al. v. City of Los Angeles, et al. (2010) - LCW successfully defended the City of Los Angeles, the Los Angeles Police Department, Chief William Bratton, and other high-level Police Department command staff in a retaliation action brought by nine police department sergeants who alleged they had suffered adverse emplyoment actions because of their participation in a wage and hour litigation against the City.  The alleged adverse actions included disciplinary investigations, relief from duty, suspension, transfer, and denial of promotion.  Plaintiffs attempted to bring the matter as a class action, but the Court dismissed the class allegations. Following depositions of each Plaintiff, of Chief Bratton, and some individual defendants, LCW brought nine summary judgment motions, one for each Plaintiff.  The Court granted all the motions, resulting in a defense victory on all claims.
  • Farris v. County of Riverside (2008) - Successfully tried FLSA unpaid overtime and retaliation case in a three-week federal jury trial.  Complete defense verdict on retaliation claims, and defeated largest of unpaid overtime claims on issue of report writing off-duty.  Still awaiting final determination of donning and doffing and shift preparation claims, particularly in light of Ninth Circuit's decision in Bamonte v. City of Mesa. 

Awards

Selected for inclusion in Southern California Super Lawyers 2012

Publications

Education

  • JD, Loyola Marymount University School of Law
  • BA, University of California, Los Angeles
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