Brandon Sylvia

Representative Matters/Cases

• Defended hospital against retaliation and wrongful termination claims by former employee. Obtained summary judgment in favor of the hospital and obtained judgment for litigation costs against the plaintiff.
  Obtained a “walk-away” settlement (no money paid to plaintiff) for an employer in individual litigation alleging wrongful constructive termination and leave law violations
• Represented a property management company in a putative wage-and-hour class action lawsuit. Obtained a court order compelling individual arbitration, then obtained a decision from the California Court of Appeal affirming the order, and thereafter convinced the California Supreme Court to deny review of the decision.
• Defended a food manufacturing company against a putative wage-and-hour class action. Obtained client a court order denying class certification, then successfully defended the decision before the California Court of Appeal and California Supreme Court.
• Represented individual against a publically-traded company in a declaratory relief action concerning the enforcement of a non-competition agreement arising from the sale of a business. Negotiated non-enforcement agreement permitting the client to engage in the business of his choice.
• Represented amusement industry employer in putative wage-and-hour lawsuit; obtained a “walk-away” dismissal of the case with no money paid to the plaintiff.
• Represented a metal fabrication plant in a putative wage-and-hour class action lawsuit. Obtained a favorable settlement of the case on an individual basis after filing motion to strike class allegations and motion for summary judgment.
• Defended hospital group against individual claims of former employee. Obtained dismissal of workplace safety and wage claims from California District Court; successfully had dismissal affirmed by the Ninth Circuit Court of Appeals.

Presentations

• It Seemed Like a Good Idea At The Time — Employment Law Lessons Learned The Hard Way, Association of Corporate Counsel Roundtable, August 2014
• Labor and Employment Mid-Year Legal Update, Rutan & Tucker Client Series, June 2014
• California Compliance: Avoiding the Top 10 Most Costly Policy Mistakes Employers Make, HR.com webinar, June 2014 
• Strategic Prevention Roundtable: Proactive Mitigation for California Employers, “60 Minutes” Human Resource Executive Group, May 2014 
• California Compliance: Prevention Strategies for Minimizing Wage-and-Hour Exposure, HR.com webinar, March 2014 
• California Compliance: Avoiding Common (and Costly) Wage & Hour Missteps, American Payroll Association (North San Diego County Chapter), February 2014
• Rutan & Tucker Annual Employment Law Update, Rutan & Tucker Client Series, February 2014
• Leave Law Compliance for California Employers, HR.com webinar, December 2013 
• Legal Do’s and Don’ts for Small Businesses, Orange County Small Business Development Center, October 2013 
• Walking the Tightrope: Pre-Employment Background Checks, American Payroll Association (North San Diego County Chapter), October 2013
• Employment Law Update, Association of Corporate Counsel, Los Angeles and Orange County Chapters, September 2013
• Employment Law Annual Update, Rutan & Tucker Client Series, February 2013
• Social Media Policies & The NLRB: Practical Guidance for Navigating the Latest Litigation Minefield, HR.com webinar, January 2013 
• Social Media Issues & Litigation Risks in the Modern Workplace, Human Resources Roundtable, November 2012
• Top Ten Policy Mistakes That Cost Employers Big Bucks, Association of Corporate Counsel Roundtable, October 2012 California Wage & Hour Compliance: Practical Guidance for Minimizing Employer Liability, Human Resources Roundtable, August 2012
• California Wage & Hour Pitfalls: Best Practices for Steering Clear of Legal Trouble, City of Cypress BRACE Program, May 2012
• The Brinker Decision–The Good, Bad and Ugly Aspects of the California Supreme Court’s Meal and Rest Break Ruling, Rutan & Tucker client series, April 2012
• Privacy in the Workplace: Finding The Balance Between Employer Obligations & Employee Rights, East Ventura County Employer Advisory Council, March 2012

Publications

• “New COVID-19 Related Orders for Los Angeles City Employers,” Rutan & Tucker, LLP E-Alert, April 2020
• “New Strict Liability for Subcontracted Labor – A.B. 1897,” Orange County Business Journal, December  2014
• “Lessons From Ghosts Of Christmas Parties Past,” Orange County Business Journal, August 2012
• “New Written Requirements for Employers,” Los Angeles Daily Journal, March 12, 2012
• “Keeping Company Secrets: Protecting Your Proprietary Information Under California Law,” HR West Magazine, December 2010
• “Monitoring Employees’ Electronic Musings: New Ways for Employers and Employees to Get Into the Same Old Trouble,” The Bottom Line Newsletter, August 2010 
• “Supreme Court: No Sexting at Work,” Orange County Register, June 2010
• “Workforce Classification in California,” Executive Counsel Magazine, April/May 2010
• “Don’t Trip When Hiring,” Orange County Register, April 2010
• “Businesses Beware: New Disability Access ‘Reform’ Law Leaves Door Wide Open to Costly Litigation,” Orange County Business Journal, December 2009 
• “Does Your Workplace Violate the Law During Holidays,” Orange County Register, November 2009
• “How to Properly Classify Your Workforce as Employees or Independent Contractors,” The Bottom Line Newsletter, November 2009

Awards & Honors

• Southern California Super Lawyers, Rising Stars Edition, 2014-2018
• Best Lawyers in America 2025

Memberships & Associations

• Board Member, HR.com’s California Advisory Board
• Orange County Bar Association (Labor and Employment Law Section)
• National Human Resources Association