John L. Barber

Partner

  • location icon Los Angeles, CA
    633 West 5th Street
    Suite 4000
    Los Angeles, CA 90071
  • location icon Orange County, CA
    650 Town Center Drive
    Suite 1400
    Costa Mesa, CA 92626

John Barber is a partner in the Los Angeles and Orange County offices of Lewis Brisbois, Co-Chair of the Employment & Labor Practice, and a member of the firm’s Management Committee. His practice is dedicated exclusively to representing and counseling employers in employment-related matters, including litigation, appeals, risk management, policy preparation, and training.

He represents employers in State and Federal Courts, both in California and across the United States, and had extensive experience appearing before all state and federal employment-related agencies, including the California DFEH, DLSE, and EDD, and United States EEOC, and Department of Labor.

Mr. Barber's practice has a particular emphasis, in addition to single-party discrimination, harassment, retaliation and wrongful termination actions, on wage-and-hour class action litigation. He has defended dozens of class actions, and has specifically defeated Motions for Class Certification.  Mr. Barber also serves as one of the principal, lead trial attorneys in the Practice Group, with numerous successful verdicts.

Mr. Barber served on the California State Bar’s Executive Committee, Labor and Employment Law Section (2008 – 2013) and was an advisor to that committee for years. He was a member of the Judicial Appointments Committee of the Los Angeles County Bar (2009-2014) and is currently a member of the Los Angeles  County Bar’s Judicial Election Evaluation Committee (2012-present). He also lectures and writes extensively.

Active in the community as a member of multiple philanthropic and civic organizations, Mr. Barber is married with three children.

Appellate Decisions

  • Courtright v. Wal-Mart Stores, Inc., USDC ED CA, 2001 WL 858259
  • Rondon v. Wal-Mart Stores, Inc., USDC ND CA, 1998 U.S. Dist. Lexis 16137
  • Ely v. Wal-Mart Stores, Inc., USDC CD CA, 875 F.Supp. 1422, 1995
  • Romo v. Y-3 Holdings, Inc., 87 CalApp.4th 1153, 2001
  • Gardenhire v. Housing Authority, 85 CalApp.4th 236, 2000

Publications

  • Employment Practices Quarterly, Editor, 2000–2004
  • "Privacy At Work," CALIFORNIA LAWYER, October, 2003 (Participated in a roundtable discussion addressing privacy at work)
  • "California Reaffirms Strict Liability for Supervisory Sexual Harassment," PLUS Publication, Spring, 2002
  • "Doe v. Cap Cities," Entertainment Law Quarterly, 1997
  • "Insurance Issues in Employment Litigation," Litigating Employment Discrimination Cases, James Publishing, 2013 – co-authored Chapter 12

Pro Bono & Philanthropy

  • Chrysalis 
  • OC PLC

Professional Presentations

2017

  • 15th Annual Advanced Mediation & Advocacy Skills Institute: "Negotiating In the Caucus Stage of Mediation" (October 19, 2017 – Malibu, CA)
  • LACBA Labor & Employment Section’s Annual Retreat; EPLI: "The Nuances of an Employment Law Claim" (May 20, 2017 – Rancho Mirage, CA)

2016

  • ACI - 8th Annual Employment Discrimination Litigation Conference: "Joint Employer Liability in the Employment Discrimination Context" (July 29, 2016 – Chicago, IL)
  • LA County Bar 36th Annual Labor and Employment Law Symposium; "Wage and Hour/PAGA Issues" (March 9, 2016 – Los Angeles, CA)

2015

  • SRMC Fall Conference – "Cyber Security: Coverage Issues" (October 17, 2015 – Newport Beach, CA)
  • ACE NY CLE Seminar TBD (October 12, 2015 – Jersey City, NJ)
  • 2015 State Bar Annual Meeting : "Mastering Employment Mediations" (October 8, 2015 – Anaheim, CA)
  • 88th Annual Meeting of the State Bar of California “Mastering Employment Mediations” (October 8, 2015 – Anaheim, CA)
  • ACI’s 25th Wage & Hour Claims and Class Actions Conference The Latest on Joint Employer Liability Under the Wage-and-Hour Laws; California Law “Nuances; and Defeating Joint Employment Allegations Early in Employment Litigation” (September 28-29, 2015 – San Francisco, CA)
  • Professional Liability Underwriting Society (PLUS) “Substance Use & Marijuana in the Workplace” (September 24, 2015 – Newport Beach, CA)
  • Bridgeport Continuing Education Litigating Discrimination & Harassment Claims “Holding Settlement Talks & Mediation” (August 21, 2015 – Hollywood, CA)
  • ACI’s 7th Annual Forum on Defending and Managing Employment Discrimination “Arbitration on the Employment Discrimination Front” (July 27-28, 2015 – Chicago, IL)
  • 2015 OCBA L&E Symposium “Technology and Social Media in the Workplace” (June 20, 2015 – Orange, CA)
  • Beverly Hills Bar Association – Labor & Employment Law Section “EPLI Claims: Inside and Out” (June 16, 2015 – Beverly Hills, CA)

2014

  • 2014 Employment & Worker’s Compensation Seminar (November 6, 2014 – Los Angeles, CA)
  • 87th Annual Meeting of the State Bar of California “Labor & Employment and Worker’s Compensation Cross-Over Issues” (September 12, 2014 – San Diego, CA)
  • ACI’s 21st National Forum on Wage & Hour Claims and  Class Actions, “Donning and Doffing & Walking Time Allegations, and the Latest Claims Arising from Meal and Rest Breaks” (May 30, 2014 – New York, NY)
  • ACE NY CLE Seminar, “The admin process (EEOC and DFEH), forthcoming trends and the “tweener,” i.e., the w-a-h case with a covered claim thrown in” (April 18, 2014 – Jersey City, NJ)

2013

  • 2013 Orange County Employment and Workers Compensation Law Seminar Leaves: The Banal to the Bizarre (November 7, 2013)
  • 2013 Annual Meeting of the State Bar of California, Advanced Strategies for Mediating the Employment Case (October 11, 2013 – San Jose, CA)
  • Litigating Discrimination & Harassment Claims Program, Holding Settlement Talks & Mediation (June 14, 2013 – Hollywood, CA)
  • 2013 Orange County Employment and Worker’s Compensation Law Seminar, Leaves: The Banal to the Bizarre, John Barber Panel of Experts: You Ask, They Tell, John Barber, Mercedes Cruz, Nancy Zeltzer and Frank Cannizzaro (April 10, 2013)
  • Seminar - Advanced Strategies for Mediating the Employment Case (February 20, 2013 – San Francisco, CA; February 27, 2013 – Los Angeles, CA)
  • Webinar Presentation for Knowledge Group (January 15, 2013)

Abbreviated List of Speaking Engagements 1992-2012

  • LA Employment Law Seminar (October 11, 2012)
  • ACI Wage Hour Claims and Action Conference (September 28, 2012 – San Francisco, CA)
  • ACI Employment Discrimination Litigation Conference (July 29, 2012 – New York, NY)
  • State Bar Wage and Hour Conference (July 25, 2012 – Los Angeles, CA)
  • State Bar California Solo and Small Firm Summit, “Strategic Solutions for Lawyering and Business Management”, (June 23, 2012 – Long Beach, CA)
  • UCI Law School Civil Rights Clinic (June 6, 2012 – Irvine, CA)
  • L&E Law Section Seminar (May 11, 2012 – Sacramento, CA)
  • ACI Employment Discrimination Conference, “Rise in Sexual Harassment”, Panel Call (May 8, 2012 - telephonic)
  • OC Employment Law Seminar (April 5, 2012 - Costa Mesa, CA)
  • EMC (March 22, 2012)
  • Labor & Employment Law – Law Symposium (March 7, 2012)
  • Rossdale CLE, “Retaliation and Wrongful Termination Actions (February 15, 2012 - telephonic)
  • OC ALA, “Labor Law Update” (February 3, 2012 – Irvine, CA), 
  • LACBA Labor and Employment Law Section, “Advanced Mediation Techniques for the Employment Lawyer (January 13, 2012 – Los Angeles, CA)
  • LA EPL Seminar – E-Discovery Presentation (October 19, 2011 – Los Angeles, CA)
  • L&E Law Section Seminar, “RIFs – The Advanced Course: How To Do It Right and Why Ricci May Affect Internal Reviews and Impact Layoffs” (October 14, 2011 – Anaheim, CA)
  • CA Bar Wage and Hour Action Seminar (August 17, 2011 - Los Angeles, CA)
  • California Bar Association Annual Meeting, "Unscrambling the Alphabet Soup of Employee Leave Laws: FMLA, CFRA, ADA, and Workers' Compensation," September 26, 2010, Monterey, CA
  • Greater California Livery Association (GCLA), "Top Ten Employment Mistakes to Avoid," June 8, 2010, Los Angeles, California
  • Lewis Brisbois Orange County Employment Law Seminar, "Electronic Discovery," May 26, 2010, Costa Mesa, California
  • ACI's Labor and Employment 16th Annual Public Conference, "Mediation of Employment Disputes," May 5-9, 2010, Philadelphia, PA
  • Lewis Brisbois Los Angeles County Employment Law Seminar, "The Bermuda Triangle: Disability Leave Laws," November 18, 2009, Universal City, California
  • California Bar Association, Labor and Employment Law Section's 27th Annual Meeting, "EPLI Presentation," October 23-24, 2009, Berkeley, California
  • McDonald's Franchisees Employment Law Seminar, "Top Ten Mistakes in Terminating Employees," June 12, 2009, Los Angeles, California
  • Lewis Brisbois Orange County Employment Law Seminar, May 28, 2009, Costa Mesa, California
  • California Bar Association, 15th Annual Labor and Employment Public Sector Program, "New Developments for FEHA's Interactive Process for Reasonable Accommodation under Nadaf-Rahrov v. the Nieman Marcus Group, Inc.," April 3, 2009, Sacramento, California
  • Lewis Brisbois Inland Empire Annual Employment Law Seminar: "Employment Law Update," May 2006, June 2005, June 2004, September 2003, June 2002, June 2001, July 2000, July 1999, San Bernardino, California
  • Altim Harmony, "Sexual Harassment Prevention," September 14, 2005, Ontario, California
  • California Fair Plan- "Sexual Harassment Prevention," July 26, 2005, Los Angeles, California
  • Defense Research Institute - Sexual Torts Seminar: "Avoiding the Multimillion Dollar Loss - Avenues for Cutting Off Damages," Scottsdale, Arizona, May 4-6, 2005; "Defending Educational Institutions," November 13-14, 2003, Chicago, Illinois
  • Council on Education in Management: California Personnel Law Update, February, 2005, San Jose, California
  • Warner Brothers: "Elimination of Bias," Warner Brothers Entertainment, Inc., Legal Department, January 26, 2005
  • National Business Institute
  • "Fundamental Issues in California Human Resources Law," Pasadena, California, June 13, 2005 
  • "California Labor and Employment Law," May, 2004, Pasadena, California 
  • "California Labor and Employment Law," October 21, 2003, Anaheim, California 
  • "Be E-Ware: Issues in Electronic Communications and Privacy," August 21, 2003, Anaheim, California
  • "Selecting and Terminating Employees," February 21, 2003, Pasadena, California
  • "Fundamental Issues in Human Resources Law," May 2002, Anaheim, California
  • "Basic Wage and Hour Laws," November 2001, Anaheim, California
  • "Fundamental Issues in Human Resources Law," September 2001, Pasadena, California 
  • "Fundamental Issues in Human Resources Law," May 2001, Anaheim, California 
  • "Fundamental Issues in Human Resources Law," September 2000, Pasadena, California
  • California Wal-Mart Stores, Inc.: 1994 to 2004, multiple seminars, topics and locations
  • Emtek, Inc.: Sexual Harassment, February 2002, City of Industry
  • Port of Los Angeles, City of Los Angeles: "Sexual Harassment," May 2002
  • Opamp Technical Books: "General Employment Law Training," January 2001, Los Angeles
  • City-Wide Electronics: "General Employment Law Training," January 2001, El Cajon
  • Independent Cities Risk Management Association: "2000-2001 Update on New Employment Laws and Legislative Developments," March 2001, Pasadena, California
  • E-Tenna, Inc.: "General Employment Law Training," November 2000, Corona Del Mar
  • National Association of Anesthesiologists: "Individual Liability in Employment Actions," October 2000, San Francisco, California
  • American International Group of Companies (AIG): "Employment Law Update," September 1999, New York, New York
  • Los Angeles Hotel Human Resources Association: "Sexual Harassment Policies and Training," April 1999, Beverly Hills, California
  • KinderCare, Inc.: "Discrimination and Harassment," 1998, Portland, OR
  • OregonOmnikron, Inc.: "Discrimination and Harassment," 1998, Westlake Village
  • California Unemployment Insurance Council: "Sexual Harassment: Laws and Training," 1997, Long Beach, California

Admissions

California, 1992

US Court of Appeals, 9th Circuit, 2001

US District Court, Central District, CA, 1992

US District Court, Southern District, CA, 1994

US District Court, Eastern District, CA, 1994

US District Court, Northern District, CA, 1994

United States District Court for the District of Colorado, 2005

Associations

  • California State Bar, Labor and Employment Law Section
  • Los Angeles County Bar Association, Labor and Employment Law Section
  • Orange County Bar Association, Labor and Employment Law Section
  • OC Sheriff’s Drug Use is Life Abuse, Board of Directors

Awards & Honors

Southern California "Super Lawyer," 2007-2017

Education

Loyola Law School, Los Angeles, CA

Juris Doctor, 1992

Westminster College, Fulton, MD

Bachelor of Arts, 1989

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