People: Michael J. Burns, Partner

Michael J. Burns

Partner

San Francisco
Direct: (415) 732-1109
Fax: (415) 397-8549
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Mike is a partner in the San Francisco office representing employers in all aspects of traditional labor and employment law.  Mr. Burns is Chair of the firm’s California Hospitality Practice, Chair of the San Francisco Office’s Single Plaintiff Group, and a Steering Committee member of the firm’s Retail Industry Practice.

Mr. Burns specializes in handling single plaintiff cases, as well as wage and hour and complex discrimination class actions in federal and state court for nationwide retail and hospitality clients.  He also specializes in the practice of traditional labor law on behalf of management before the National Labor Relations Board.  He has significant experience with collective bargaining, union elections and strike related activities, and has conducted over one hundred administrative, labor arbitration and unfair labor practice hearings. 

Prior to joining the firm, Mr. Burns was a judicial clerk for the National Labor Relations Board, Division of Judges in San Francisco.

Mr. Burns also devotes significant time to defending consumer class actions (including those involving credit cards, debit cards, gift cards, loyalty programs, data gathering/security and false advertising claims).  He also has experience with sports law and currently represents Scot Schmidt, a professional skier.

Prior to entering law school, Mr. Burns taught high school in Kingston, Jamaica as part of the International Jesuit Volunteer Corps.

Mike is a partner in the San Francisco office representing employers in all aspects of traditional labor and employment law.  Mr. Burns is Chair of the firm’s California Hospitality Practice, Chair of the San Francisco Office’s Single Plaintiff Group, and a Steering Committee member of the firm’s Retail Industry Practice.

Mr. Burns specializes in handling single plaintiff cases, as well as wage and hour and complex discrimination class actions in federal and state court for nationwide retail and hospitality clients.  He also specializes in the practice of traditional labor law on behalf of management before the National Labor Relations Board.  He has significant experience with collective bargaining, union elections and strike related activities, and has conducted over one hundred administrative, labor arbitration and unfair labor practice hearings. 

Prior to joining the firm, Mr. Burns was a judicial clerk for the National Labor Relations Board, Division of Judges in San Francisco.

Mr. Burns also devotes significant time to defending consumer class actions (including those involving credit cards, debit cards, gift cards, loyalty programs, data gathering/security and false advertising claims).  He also has experience with sports law and currently represents Scot Schmidt, a professional skier.

Prior to entering law school, Mr. Burns taught high school in Kingston, Jamaica as part of the International Jesuit Volunteer Corps.

Education

  • J.D., University of San Francisco School of Law (1994)
    Maritime Law Journal, Article Editor
  • B.A., Boston College (1990)

Admissions

  • California

Courts

  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the Northern, Eastern, Central and Southern Districts of California

Affiliations

  • Federal Bar Association
  • California State Bar Association (Section on Labor and Employment)
  • Bar Association of San Francisco

Representative Engagements

Recent Representative Class Action Cases (Labor & Employment)

  • Jose Alvarez v. Action Freight Services, Inc., et al. (2011) Solano County Superior Court, Case No. FCS036787 (meal and rest period, overtime, wage statements).
  • P.E. Jimerson v. Genco Distribution System, Inc. (2011) Alameda County Superior Court, Case No. RG11589846 (forfeiture of vacation wages, overtime, wage statements).

Recent Representative Class Action Cases (Consumer)

  • Dennis Simpson v. Circle K Stores, Inc. (2011) Los Angeles County Superior Court, Case No. Case No. BC 471745 (gas station consumer class action under Song-Beverly Credit Card Act involving zip codes).
  • Vanessa Scarlata v. Express, Inc. (2011) San Francisco Superior Court, Case No. CGC-11-516871 (consumer class action under Song-Beverly Credit Card Act involving zip codes).
  • Brandon Vorst v. TBC Retail Group, Inc. d/b/a Tire Kingdom, Inc. (2011) In and for the Fifteenth Judicial Circuit for Palm Beach County, Florida, Case No. 50 2011 CA 018829 (“Shop fees” consumer class action arising under Florida Deceptive and Unfair Trade Practices Act, Florida Statute 501.201 et seq.).
  • Matthew Capuzzi v. Wolverine World Wide (2011) San Diego Superior Court, Case No. 37-2011-00087738-CU-NP-CTL (consumer class action under Song-Beverly Credit Card Act involving zip codes).
  • Shirley Polak, Billie Lavrov v. Michaels Stores, Inc. (2011) Los Angeles County Superior Court, Case No. BC 460283 (consumer class action under California Consumer Legal Remedies Act involving gift cards).
  • Nancy Dardarian v. OfficeMax North America, Inc. (2011) United States District Court, Northern District of California, Case No. 4:11-cv-00947-SBA (consumer class action under Song-Beverly Credit Card Act involving zip codes).
  • Nathan Thoms v. OfficeMax North America, Inc. (2011) United States District Court, Northern District of California, Case No. 4:11-cv-02233-SBA (consumer class action under Song-Beverly Credit Card Act involving zip codes).
  • Carolyn Austin, et al. v. Michaels Stores, Inc. (2011) San Diego Superior Court, Case No. 37-2011-0005906-CU-BT-CTL (consumer class action under Song-Beverly Credit Card Act involving zip codes).
  • Tiffany Heon, et al. v. Michaels Stores, Inc. (2011) San Diego Superior Court, Case No. 37-2011-00087307-CU-PO-CTL (consumer class action under Song-Beverly Credit Card Act involving zip codes).
  • Bilma Hoppin, et al. v. Big Lots Stores, Inc. (2011) San Francisco Superior Court, Case No. CGC-11-508928 (consumer class action under Song-Beverly Credit Card Act involving zip codes).
  • Roshann Reese, et al. v. Big Lots Stores, Inc. (2011) Los Angeles County Superior Court, Case No. BC455718 (consumer class action under Song-Beverly Credit Card Act involving zip codes).
  • Sandra A. Rubinstein, et al. v. Michaels Stores, Inc. (2011) Los Angeles Superior Court, Case No. BC455047 (consumer class action under Song-Beverly Credit Card Act involving zip codes).
  • Ross Rattray, et al. v. Michaels Stores, Inc. (2010) San Diego Superior Court, Case No. 37-2010-00089698-CU-BT-CTL (gift card redemption class action under the California Consumer Legal Remedies Act).
  • Kamell Abdoney v. TBC Retail Group, Tire Kingdom, Inc., Merchant’s Tire and Auto Centers, National Tire and Battery (2010) In and for the Fifteenth Judicial Circuit for Palm Beach County, Florida, Case No. 50 2009 CA 029257 (“Shop fees” consumer class action arising under Florida Deceptive and Unfair Trade Practices Act, Florida Statute 501.201 et seq.).
  • Linda Carson v. Michaels Stores, Inc. (2008) San Diego Superior Court Case No. 37-2008-00089773-CU-BT-CTL (consumer class action under Song-Beverly Credit Card Act involving zip codes).
  • Nathan Thoms v. OfficeMax Incorporated (2008) Sacramento Superior Court Case No. 34-2008-00011565-CU-BT-GDS (consumer class action under Song-Beverly Credit Card Act dismissed at demurrer stage).
  • Rebecca Palmer v. Michaels Stores, Inc., et al. (2007) San Diego Superior Court, Case No. 37-2007-00074038-CU-MC-CTL (consumer class action under Song-Beverly Credit Card Act settled for waiver of costs).

Recent Representative Franchisor/Franchisee Dispute Cases

  • Black Donuts, Inc., et al. v. Sumitomo Corporation of America, et al. (2009) United States District Court for the Northern District of California, Case No. 2:10-CV-00454-SVW-SS (fourteen plaintiff franchise dispute case).
  • Sonoma Tires, Inc. v. Big O Tires, LLC (2011) United States District Court for the Northern District of California, Case No. CV 11-0818 RS (franchisee dispute case).

Recent Representative Arbitrations/Trials

  • Jonathan Rubin v. 24 Hour Fitness, Inc., Judicial Arbitration and Mediation Services, (June 2010 trial) (after nine days of arbitration in this wrongful termination/whistleblower and wage and hour case, we obtained a favorable settlement for our client).

Other Noteworthy Cases

  • American Etc., Inc. d/b/a Royal Laundry and UNITE HERE Local #75 and Western States Regional Joint Board, 20 RM 2868 (2009) (highly publicized litigation arising from RM petition related to UNITE HERE/Workers’ United schism).
  • Gallagher Benefit Services, Inc. v. De La Torre, et al., United States Court of Appeals for the Ninth Circuit, 283 Fed.App. 543, 2008 WL 2512489 (9th Cir. 2008) (successfully argued to affirm district court’s issuance of a preliminary injunction (in a trade secret misappropriation case) before the United States Court of Appeals for the Ninth Circuit).
  • Service Corporation International d/b/a Oak Hill Funeral Home and Memorial Park, 348 NLRB No. 35 (2005) enforced 495 F.3d 861 (D.C. Cir. 2007) (case involved defacing of an official NLRB ballot as basis to overturn election).