Brian Schwartz

Representative Matters

• U.S. Retailer Age Discrimination

  Defended a major retailer in a class action involving sales associates alleging age discrimination arising out of a nationwide reorganization. The Eastern District of Michigan Judge dismissed the lawsuit, avoiding potential damages claims exceeding $16 million.

Reported + Published Decisions

Billings v Michigan Ability Partners, 795 N.W.2d 10 (Mich. 2011) (disability discrimination)

Allen v Sears Roebuck and Co., _ F.Supp.2d, _, 2011 WL 1044484 (E.D. Mich. Mar. 10, 2011) (age discrimination)

Allen v Sears Roebuck and Co., 2011 WL 867094 (E.D. Mich. Mar. 10, 2011) (age discrimination)

Dobrowski v Jay Dee Contractors, 571 F.3d 551, (6th Cir. 2009) (Family and Medical Leave Act)

Boeing Co. v March, 656 F.Supp.2d 837 (N.D. Ill. 2009) (retiree health benefit claims under the Labor Management Relations Act and the Employee Retirement Income Security Act)

Leannah v Alliant Energy Corp. and Wisconsin Power & Light Co., 607 F.Supp.2d 946 (E.D. Wis. 2009) (retiree health benefit claims under the Labor Management Relations Act and the Employee Retirement Income Security Act)

Williams v Detroit Bd. of Educ., 523 F.Supp.2d 602 (E.D. Mich. 2007), aff’d, 306 Fed.Appx. 943 (6^th Cir. 2009) (defamation)

Professional Activities

• American Bar Association, Employee Benefits Committee; Co-Chair, Subcommittee on Collective Bargaining and Employee Benefits
• State Bar of Michigan
• Oakland County Bar Association
• B'nai Brith Barristers

Honors + Awards

• University of Michigan Law School, cum laude; honors in Legal Practice Program; Michigan Journal of International Law Articles Editor, 2004-2005; Published Author, Robert S. Feldman Labor Law Award, 2005; Eric Stein Award, 2005 University of Michigan Law School Hockey Team, Captain
• Cornell University, Dean's List; Lambda Chi Alpha Fraternity; Inter-Fraternity Council, Director of Greek Awards
• Denmark International Studies Program
• Michigan Super Lawyers, Employment Litigation Defense, Rising Star, 2010, 2011

Publications

"Employment at Will: A State-by-State Survey," (Co-Author), American Bar Association, Section of Labor and Employment Law, 2011

"Employee Benefits Law," (Contributing Author), Second Edition, 2010 Cumulative Supplement

"NLRB Rulings Clarify Supervisory Exemptions," Labor and Employment Lawnotes (Winter 2007)

"WTO and GMOs: Analyzing the European Community's Recent Regulations Covering the Labeling of Genetically Modified Organisms," 25 Mich. J. Int'l L. 771 (2004)

Speeches

"Independent Contractor vs. Employee," American Payroll Association, Detroit Chapter, March 11, 2011, Novi, Michigan 

"How Independent Are Your Contractors?," Michigan Manufacturers Association, November 11, 2010, Lansing, Michigan

Seminars + Events

• 2012 HR Spring Training Seminar
• 2011 HR Spring Training Seminar
• How Independent Are Your Contractors? Classifications and Implications For Employers
• How Independent Are Your Contractors? Classifications and Implications For Employers
• 2010 Annual Employment Law Seminar
• Annual Labor and Employment Law Seminar

Articles

• Attempting To Maintain Payroll Flexibility?

Newsletters

• Hot Points Special Edition Labor + Employment