About Brian
In his counsel to California employers, Brian E. Cole II has extensive experience with employment litigation involving claims of wrongful termination, discrimination, harassment, retaliation, breach of contract, unfair competition, and wage and hour violations. He also has experience in defending companies of all sizes against class action claims, Fair Labor Standards Act collective actions, and Private Attorneys General Act actions. In addition, Cole II has prosecuted and defended trade secret matters, and has successfully represented clients in administrative proceedings and alternative dispute resolution forums.
In addition to his employment practice, Cole II has significant experience representing businesses against website accessibility claims, brought under Title III of the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act. His experience includes defending businesses in public access cases, including physical barrier and website accessibility matters. Cole II has defended dozens of these claims that primarily focus on a visually impaired person’s access to a business’s website or mobile application.
His practice also includes significant day-to-day advice and counseling on how companies with workforces in California can stay in compliance with the state’s ever-changing labor and employment laws.
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Areas of Practice
Private Attorneys General Act (PAGA) Litigation
Class Actions
Wage and Hour Issues
Wrongful Termination and Workplace Tort Litigation
Trade Secrets
Workplace Solutions, Advice and Training
Education
Loyola Law School, Los Angeles, J.D., Order of the Coif, 2015
- Loyola of Los Angeles Entertainment Law Review, 2015
Cornell University, B.S., Business Administration, dean's list, 2007
Publications
“How To Ensure Compliance With California Overtime Laws And Federal Salary Thresholds,” Co-Author, HR.com’s Payroll, HRIS, Time & Attendance Excellence, July 2024
"Pros and Cons as California Employers Rethink Forced Arbitration," Co-Author, Law360, March 2023
"Website Accessibility Lawsuits Surge in 2018 - Banking Industry Feels The Onslaught & Needs To Mitigate Risk," Bank News, December 2018
"QSR Website Access Suits Surge: Are You Prepared?" QSRweb, September 2018
"Does Your Website Throw Up Hurdles for Disabled Customers?" Pizza Marketplace, September 2018
“Employers Beware a Patchwork of California Minimum Wage Laws,” Co-Author, Law360, October 6, 2016
"A Legal Road Map for Wellness Programs," Co-Author, Orange County Lawyer, March 2016
Presentations
"Wage & Hour Legal Update and Best Practices for California Employers," Co-Presenter, CDF Webinar Series, August 2023
"Remote Workforce: How to Comply with California’s Strict Labor Laws," Co-Presenter, Clear Law Institute, May 2023
"2019 California Labor Law and HR Update,” Co-Presenter, OCBA, Business and Corporate Law Section, March 2019
"Website Disability Access Lawsuits: What Companies Need to Know," CDF Webinar Series, June 2018
Professional Affiliations/Leadership/Awards
Listed, Best Lawyers® Ones to Watch, Labor and Employment Law (Management), and Litigation (Labor and Employment), 2021 - 2024
