Brittany M. Wunderlich defends employers against claims of discrimination, harassment, retaliation, wrongful termination, and wage and hour violations (including class and PAGA actions) before state and federal courts. In addition, Ms. Wunderlich provides advice and counseling to clients on employee leaves and accommodations, employment policies, COVID-19, and wage and hour compliance.
Prior to joining Duane Morris, Ms. Wunderlich worked at a prominent employment defense firm where she defended national clients in a variety of employment disputes. In addition, Ms. Wunderlich assisted her clients on complying with privacy laws, including the California Consumer Privacy Act (“CCPA”), California Privacy Rights Act (“CPRA”), and the EU’s General Data Protection Regulation (“GDPR”).
Ms. Wunderlich graduated magna cum laude and Order of the Coif from the University of San Diego School of Law, where she was a member of the Journal of Climate and Energy Law. During law school, she was a member of the Journal of Climate and Energy Law and Vice Chair of the Appellate Moot Court program. Ms. Wunderlich was a top-raking oralist in the Saul Lefkowitz Trademark Moot Court Competition. Additionally, she was inducted into the Order of Barristers National Honors Society for excellence in oral advocacy and brief writing.
Areas of Practice
- Employment Counseling and Advice
- Employment Litigation
- Employment and Labor Law
Class Action Litigation
Representative Matters
Prevailed on a motion to compel the plaintiff's individual PAGA claim to arbitration.
Obtained a voluntary dismissal of class claims after successfully conducting a Pick-Up Stix campaign for a construction company.
Mediated a wage-and-hour PAGA and putative Class-Action lawsuit for less than six percent of the plaintiff's $14 Million demand.
Obtained an order compelling the plaintiff's claims to arbitration, notwithstanding the plaintiff's arguments that the arbitration agreement did not contain required terms and was entered into under duress.
Procured a favorable settlement for a construction company in a high-risk harassment and gender discrimination case.
Obtained a complete dismissal with prejudice in a harassment and discrimination action after the plaintiff violated the court’s discovery order.
Obtained a voluntary dismissal in a PAGA action for a healthcare system after demonstrating that the plaintiff was not an aggrieved employee.
Successfully mediated a wage and hour class action for a large manufacturing company that settled for less than five percent of the potential exposure.
Admissions
- California
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Southern District of California
Education
- University of San Diego School of Law, J.D., magna cum laude, 2019
- Journal of Climate and Energy Law
- Order of the Coif
- Order of Barristers
- Appellate Moot Court National Team Member - University of Colorado Boulder, B.A., Integrative Physiology, 2016
-Minor in Philosophy
Experience
- Duane Morris LLP
- Associate, 2022-present - Fisher & Phillips LLP
- Associate, 2019-2022
Professional Activities
- Lawyers Club of San Diego
- San Diego County Bar Association
Honors and Awards
- Wiley W. Manuel Pro Bono Certificate
Selected Publications
- Co-author, "All About Second Chances: Federal District Court Reverses Summary Judgment Ruling Despite EEOC’s “Egregious” Failure To Address Defendant’s Argument," Duane Morris Class Action Defense Blog, August 23, 2023
- Co-author, "Ninth Circuit Finds California AB 51 Preempted by Federal Arbitration Act, Paving the Way for Mandatory Arbitration Agreements," Duane Morris Alert, February 17, 2023
- Co-author, "U.S. Supreme Court Ruling Splits a California Employment Statute, Compelling Arbitration for Certain Individual Claims of Labor Law Violations," Duane Morris Alert, June 23, 2022
- The Importance of Getting the “Regular Rate” Right, October 5, 2021
- California Fitness Facilities Should Follow These 4 Benchmarks To Guide Reopening, June 11, 2020
- California Issues COVID-19 Guidance To Life Sciences Employers, May 11, 2020
- A Guide to Unemployment Benefits in California During COVID-19, April 10, 2020
- The First Wave of CCPA Class Action Litigation, March 11, 2020
Selected Speaking Engagements
- Speaker, "Wage and Hour Compliance in California," Duane Morris Institute (DMi), Webinar March 16, 2023
- Speaker, “Mastering FMLA Fundamentals” and “Intensive Workshop Addressing the Real-Life Application of FMLA Rules, DOL Regulations, and Court Rulings,” BLR, March 29-30, 2022
- Speaker, “Injury and Illness Prevention Plans (IIPP): Avoiding the Top Cal/OSHA Violation with an Effectively Implemented Program,” Cal/OSHA Summit, October 14, 2021