Simmons Perrine Moyer Bergman PLC
Brian J. Fagan

Brian J. Fagan

Position: Member
115 3rd Street SE, Suite 1200
Cedar Rapids, IA 52401-1266
(319) 896-4033 direct
(319) 366-1917 fax
E-Mail: bfagan@spmblaw.com
 
 

Brian Fagan is a member at Simmons Perrine Moyer Bergman where he is engaged primarily in employment and labor law, business and commercial litigation, and trust and estate litigation. He represents employers in a variety of industries, including health care, utilities, manufacturing, financial services, insurance and transportation. He appears before local, state and federal administrative agencies, and state and federal courts and arbitration panels. Mr. Fagan serves as Chair of the firm's Labor and Employment Practice Group and is a member of the Simmons Perrine Moyer Bergman Board of Directors.

Prior to joining the firm, Mr. Fagan served as a Law Clerk to Judge Michael J. Melloy for the United States District Court for the Northern District of Iowa and the United States Court of Appeals for the Eighth Circuit. From 2006-2010 he served as Mayor Pro Tem for the City of Cedar Rapids. He has been recognized by his peers as an AV Rated attorney with Martindale-Hubbell® and is included in The Best Lawyers in America® for Litigation – Labor and Employment Law, Employment Law - Individuals and Employment Law - Management.

Mr. Fagan graduated from the University of Iowa. He worked for Congressman Jim Leach in the district and Washington, D.C. offices, and for the U.S. House of Representative Financial Services Committee. Mr. Fagan earned a Master of Arts in International Political Economy from the Catholic University of America. He graduated with honors from Drake University Law School where he was Editor-in-Chief of the Drake Law Review.

Employment and Labor Law. Mr. Fagan represents and counsels businesses and individuals on employment-related matters, including employment contracts, independent contractor agreements, trade secrets, non-compete and non-solicitation agreements, as well as the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act, and the Occupational Safety and Health Act (OSHA).  He regularly handles traditional labor law arbitrations, including discipline and discharge and contract interpretation grievances.  He conducts internal employment investigations and counsels clients facing government investigations on the multitude of statutes and regulations governing the workplace.

Litigation Practice. Mr. Fagan represents and advises individuals and businesses in a broadly varying litigation capacity, including commercial and business litigation, agricultural related litigation and trust and estate litigation. He advises clients as they work toward a negotiated, mediated or litigated result.

Mediation. Mr. Fagan is a Certified Mediator and received his training at Northwestern University and the International Academy of Dispute Resolution in Des Moines, Iowa. He is trained in Collaborative Law and is a member of the International Academy of Collaborative Professionals.

Uslaw-Member_fagan 

Recent articles:

Honors & Awards

  • AV Rating by Martindale-Hubbell®
  • Named the Best Lawyers® 2019 "Lawyer of the Year" in Cedar Rapids
    • Litigation - Labor and Employment
  • Included in The Best Lawyers in America® list, 2016 - 2019
    • Employment Law - Individuals, Employment Law - Management, Litigation - Labor & Employment
  • The Arc of East Central Iowa’s Professional of the Year, 2017 
  • Corridor Business Journal’s Forty Under 40
  • Included in Great Plains Super Lawyers list, 2018

Memberships

  • Iowa State Bar Association
    • Labor and Employment Law Section
    • Litigation Section
    • Government Practice Section
  • Linn County Bar Association
  • Society for Human Resource Management

Community Involvement

  • Brucemore Board of Trustees
  • Mercy Medical Center Board of Trustees Ethics Committee
  • ARC of East Central Iowa, Board Member
  • Cedar Rapids City Council, 2006-2010
  • Linn County I-Club, Past-President
  • Czech Village New Bohemia Urban Main Street, Past-President

Presentations

2018 Presentations

  • Legal Update, April 12, 2018, Iowa Tourism Leadership Institute
  • FMLA Case Studies to Help Guide Employers, May 9, 2018, Employment Law Seminar

2017 Presentations

  • Non-Compete / Non-Solicitation Agreements, November 14, 2017, Employment Law Risk Management Seminar
  • ADA/FMLA/Case Law Update, May 18, 2017, Employment Law Update
  • The Family and Medical Leave Act and the Americans with Disabilities Act, February 14, 2017, Eastern Iowa Human Resource Association

2016 Presentations

  • Mental Illness in the Workplace, September 13, 2016, Eastern Iowa Human Resource Association
  • Navigating the FMLA Part I: Nuts and Bolts, Forms and Practical Tips, April 2016, Employment Law Update
  • FMLA and ADA Implications Related to Employee Mental Health, April 2016, Occupational Health Symposium

2015 Presentations

  • Dealing with Complex FMLA and ADA Issues in the Workplace, July 2015, Eastern Iowa Human Resources Association
  • EEOC and NLRB Actions and Decisions: What is the Impact on Employers?, 2015 Employment Law Update Seminar
  • A Practical Guide to FMLA and ADA Issues in the Workplace, 2015 Employment Law Update Seminar

2014 Presentations

  • Worker Misclassification-State and Federal Perspectives, April 2014, Association of Corporate Counsel
  • Updating Handbooks:  Defining the Rules of the Workplace, 2014 Employment Law Update Seminar
  • Worker Misclassification – Independent Contractor vs. Employee, 2014 Employment Law Update Seminar
  • Record Retention and Personnel Files, 2014 Employment Law Update Seminar
  • Hiring and Terminating Employees in the Current Economy, February 2014, Sterling Education Services

2013 Presentations

  • Employment Law Overview, 2013 Iowa State Bar Association Bridge the Gap Seminar
  • Managing Personnel Files Through the Discipline and Discharge Process, 2013 Employment Law Update Seminar
  • Panel Discussion on FMLA, ADAAA, and GINA Scenarios, 2013 Employment Law Update Seminar

Publication

  • Taxation of Electronic Commerce: Avoiding an Inroad upon Federalism, 49 Drake Law Review 465 (2000-01)