People: Michael J. Burns, Partner

Photo of Michael J. Burns, Partner

Michael J. Burns

Partner

San Francisco
Direct: (415) 732-1109
Fax: (415) 397-8549
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Mr. Burns is a partner in the San Francisco office representing employers in all aspects of traditional labor and employment law.  Mike 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.

Mike specializes in representing retail, hospitality clients (including retail chains, hotels, restaurants, golf courses, spas and gyms), and financial services companies in single plaintiff cases, as well as wage and hour and complex discrimination class actions in federal and state court.  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, Mike was a judicial clerk for the National Labor Relations Board, Division of Judges in San Francisco.

Mr. Burns also defends retail and hospitality 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. 

Mr. Burns has completed all of the courses which comprised Seyfarth’s Retail University and he is now a certified member of Seyfarth’s Retail Industry Client Team.

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

Mr. Burns is a partner in the San Francisco office representing employers in all aspects of traditional labor and employment law.  Mike 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.

Mike specializes in representing retail, hospitality clients (including retail chains, hotels, restaurants, golf courses, spas and gyms), and financial services companies in single plaintiff cases, as well as wage and hour and complex discrimination class actions in federal and state court.  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, Mike was a judicial clerk for the National Labor Relations Board, Division of Judges in San Francisco.

Mr. Burns also defends retail and hospitality 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. 

Mr. Burns has completed all of the courses which comprised Seyfarth’s Retail University and he is now a certified member of Seyfarth’s Retail Industry Client Team.

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

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

Representative Engagements

Recent Representative Class Action Cases (Consumer)

  • Bruce Rorty v. University Alliance Online, et al., (2017) Los Angeles Superior Court, Case No. 16K00055
  • Jim Reider v. Express, Inc. (2017) U.S. District Court, Central District of California, Case No. 2:17-cv-556 (shipping/handling charges class action)
  • Governmental investigation (Wisconsin) into unsolicited texts/phone calls for national staffing company (2017)
  • Governmental investigation (Indiana) into unsolicited texts/phone calls for national staffing company (2017)
  • Resolved threatened pre-litigation pricing fraud class action (California) against national retailer (2016)
  • Patricia Grenier v. Esurance Insurance Services, Inc. (2015) U.S District Court, Eastern District of California, Case No. 1:2015cv01210 (consumer electronic funds transfer class action)
  • James Horosny v. Burlington Coat Factory of California, LLC. (2015) U.S. District Court, Central District of California, Case No. 2:15-cv-05005 (comparative pricing fraud class action)
  • Amanda Haverly v. Aaron Brothers, Inc. (2015) Superior Court for the State of California, San Bernardino, Case No. DS1506813 (gift card redemption class action)
  • Anne Miller v. Pier 1 Imports, Inc. (2013) Barnstable Superior Court for the Commonwealth of Massachusetts, Case No. BACV2013-00324 (consumer class action regarding legality of requesting zip code information at point of sale under Massachusetts General Laws.)
  • Susan D’Esposito v. Michaels Stores, Inc. (2013) United States District Court for the District of Massachusetts, Case No. No. 1:13-cv-10608-WGY (consumer class action regarding legality of requesting zip code information at point of sale under Massachusetts General Laws.)
  • Alexander Fah v. Wolverine World Wide, Inc. (2013) United States District Court, Central District of California, Case No. SACV 13-0010 JVS (JPRx) (CLRA class action alleging barefoot running shoe advertising was deceptive).
  • Melissa Tyler v. Michaels Stores, Inc. (2012) Supreme Judicial Court for the Commonwealth of Massachusetts, Case No. No. SJC-11145 (Consumer class action regarding legality of requesting zip code information at point of sale under Massachusetts General Laws.)
  • Dennis Simpson v. Circle K Stores, Inc. (2011) Los Angeles County Superior Court, 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 Class Action Cases (Labor & Employment)

  • Jill Luis v. JEM Restaurant Management Corporation, Desmond Foods, LP (2015) Sacramento Superior Court, Case No. 34-2015-00185582 (class action alleging misclassification of managers as exempt, alleging missed meal period and overtime)
  • Namaraj Khatri v. Intercontinental Hotels Group Resources, Inc. (2015) USDC, Northern District of California, Case No. 3:15-cv-00036 (class action regarding failure to include value of complementary meals in the regular rate of pay for calculating overtime, failure to pay wages for time spent donning and doffing uniforms and baggage checks; rest period; timely pay wages due upon discharge or resignation)
  • Juan A. Najarro Rosa v. Intercontinental Hotels Group et al. (2014) Los Angeles Superior Court, Case No. BC566377 (class action regarding wage, meal and rest period, failure to timely pay wages at termination/separation, wage statements)
  • Alana Romund, et al. v. Hilton Worldwide, Inc., et al. (2013) San Francisco County Superior Court, Case No. CGC-12-523027 (meal and rest period, donning/doffing, overtime, wage statements)
  • Jose Alvarez v. Action Freight Services, Inc., National Tire Warehouse et al. (2012) Solano County Superior Court, Case No. FCS036787 (misclassification of drivers, joint employer, meal and rest period, overtime, wage statements).
  • P.E. Jimerson v. Genco Distribution System, Inc. (2012) Alameda County Superior Court, Case No. RG11589846 (forfeiture of vacation wages, overtime, wage statements).

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 (twenty plus 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).

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).