
Labor and Employment
Bass, Berry & Sims assists clients in meeting their dynamic labor and human relations needs. While it enjoys a strong reputation due to its history of providing quality service in this area, the firm also understands that these needs are ever-changing in today's marketplace.
Bass, Berry & Sims' labor and employment practice group has extensive depth and breadth of experience in literally every aspect of management side labor and employment law. As detailed below, these areas include both (1) traditional "labor" work, which includes practice before the National Labor Relations Board, union avoidance training and informational campaigns, contract negotiations, contract interpretation and grievance and arbitration work, and decertification campaigns; and (2) the more recent development in this practice area of employment discrimination, such as responding to EEOC charges and discrimination lawsuits, investigations into all aspects of discrimination complaints, "preventive" measures such as management training in unlawful harassment, advice and guidance in resolving issues before they develop into lawsuits, and a dynamic "audit practice," which, if desired, allows a client to be proactive in identifying potential problems and resolve them before they become crises. The Labor and Employment Practice is mentioned as premier in both
Chambers USA and
The Best Lawyers in America® , as clients express appreciation for our firm's assistance in tailoring the client's approach to difficult situations so as to avoid litigation or, if litigation is unavoidable, positioning themselves to ensure the best possible defense.
Our clients include union and non-union companies as well as public and private employers ranging from Fortune 500 companies to small locally owned businesses. We represent a wide variety of industries, including manufacturing, retail, retail food sales, distribution, utilities, communication, transportation, service, healthcare and education.
Our attorneys provide in-office counseling and training to Human Resource managers, front line managers, and supervisors for our clients on labor and employment matters. In addition, we investigate discrimination complaints, respond to administrative agency complaints and provide litigation defense for these companies.
Our attorneys are regularly involved in wrongful discharge, retaliatory discharge issues under state and federal law and in connection with claims such as defamation, tortious interference with contracts, breach of enforcement of non-compete agreements, wage and hour compliance, breach of fair representation claims, workers' compensation and a growing number of claims arising under employee benefit plans and the regulation of those plans. We also have represented employers in the litigation of citations by federal and state OSHA inspectors and have counseled clients in responding to inspections, citations and proposed penalties for non-compliance.
Our labor attorneys are experienced in representing clients in all types of proceedings before the National Labor Relations Board and in defending employers in age, race, sex, religious, national origin and disability discrimination charges before the Equal Employment Opportunity Commission and other federal and states agencies, including the Occupational Safety and Health Administration. Attorneys in the Labor and Employment Practice Area have also represented clients on a variety of issues before several Circuit Courts of Appeal and the United States Supreme Court.
Our attorneys regularly counsel clients in the development of, and compliance with, affirmative action plans and in formulating and revising employment policies and practices calculated to avoid potential litigation and union organization. We provide assistance to a wide variety of multinational business concerns on issues of immigration law compliance.
The practice area also sponsors labor and employment seminars to keep clients apprised of new and emerging issues in the employment law field and to provide the opportunity for preventive counseling that frequently enables clients to avoid problems before they develop. Our attorneys are frequently called upon to speak at seminars for attorneys and human resource professionals on current topics in the employment law field.
Alternative Dispute Resolution
Bass, Berry & Sims has a long-standing commitment to Alternative Dispute Resolution and supports the use of ADR techniques to reduce legal costs in both litigation and disputed matters. Several years ago, the firm was a signatory of the Center for Public Resources, Law Firm Policy Statement on Alternatives to Litigation. Today several of our attorneys are arbitrators certified by the American Arbitration Association and ADR is an active part of our practice. All of our litigators, including those in the Labor and Employment Practice Area, are accustomed to using various ADR procedures, both court-mandated and privately sought for businesses and individuals. Additionally, we have utilized third-party mediators and participated in numerous settlement conferences conducted by the courts at both the state and federal levels.
Attorneys in the Labor and Employment Practice Area frequently use the Federal Mediation and Conciliation Service in collective bargaining matters and have handled a significant number of arbitration cases under collective bargaining agreements. In addition, a member of the labor and employment practice is certified as a Rule 31 General Civil Mediator.
Labor and Employment Attorneys
The Labor and Employment Practice Area consists of attorneys who devote their practices solely to labor and employment issues. This concentration of practice has allowed the attorneys in the group to become highly specialized in this area and recognized as experts in labor and employment issues. The depth of experience they provide is among the best in full-service law firms in the region.
Bill Ozier and
Karen Ellis have both been named Fellows in the American College of Labor and Employment Lawyers. The College is a non-profit, professional organization that honors leading lawyers in the practice of labor and employment law and membership is by invitation only. Three of our labor and employment attorneys are listed in
The Best Lawyers in America® for 2008 and three attorneys have been recognized as leading employment lawyers by
Chambers USA (2007).
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