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Robert W. Horton

Member

Nashville

(615) 742-7708

rhorton@bassberry.com

https://www.bassberry.com/professionals/horton-robert-w/

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As chair of the firm’s Labor & Employment Practice Group, Bob Horton represents management in all areas of labor and employment law. Bob’s practice consists primarily of counseling clients regarding employment issues and defending companies against all manner of employment claims throughout the U.S.

Bob has substantial jury trial experience and has obtained defense verdicts in discrimination and retaliation lawsuits across the country. With a robust non-compete practice, Bob has assisted employers in drafting non-compete agreements on a state-by-state basis, enforcing non-compete agreements by way of obtaining injunctive relief, and defending the company and new employees against claims of breach of non-compete agreements with prior employers. Bob assists numerous public companies and executives in the negotiation of employment agreements, as well as executive departures and subsequent issues that arise from equity grants in various forms.

Bob has substantial jury trial experience and has obtained defense verdicts in discrimination and retaliation lawsuits across the country. With a robust non-compete practice, Bob has assisted employers in drafting non-compete agreements on a state by state basis, enforcing non-compete agreements by way of obtaining injunctive relief, and defending the company and new employees against claims of breach of non-compete agreements with prior employers. Bob assists numerous public companies and executives in the negotiation of employment agreements, as well as executive departures and subsequent issues that arise from equity grants in various forms.

Bob’s practice encompasses:

Employment Litigation – Defending clients in employment lawsuits across the country, including claims of age, sex, national origin, and race discrimination; retaliatory discharge based on various types of “protected conduct” such as workers’ compensation claims, FMLA leave, complaining of unlawful discrimination, and whistleblowing on patient care issues; non-compete matters and the attendant injunctive relief proceedings; employee misclassification issues; wage and hour claims; and class actions.
Employment Law Counseling – Advising clients with respect to discipline and discharge; discrimination and civil rights; sexual harassment; non-competition agreements; disability and leave issues under the ADA and FMLA; wage and hour issues; drug and alcohol testing; veterans’ employment rights; union avoidance; and, other issues.
Investigations – Assisting clients with the investigation of alleged misconduct by employees at various levels of management, from mid-level managers to senior executives, and reporting the investigation results and recommended response to senior management.
Employment Agreements/Severance – Advising clients and drafting employment agreements as well as negotiating the departure of executives and the agreements associated with such departures.

Prior to joining the firm, Bob was labor counsel with HCA where he managed employment litigation for HCA affiliated hospitals. Before his work at HCA, he practiced labor and employment law with the Houston, Texas, firm of Vinson & Elkins.

Memberships

American Health Law Association (AHLA)

Representative Experience

Defense of Unfair Labor Practice Charge for Global Automotive Supplier

Representation of a global automotive supplier in an unfair labor practice charge filed by a former employee who alleged that he was discharged in retaliation for engaging in protected concerted activities after he drafted a petition and approached his coworkers for their signatures while they were on the clock and in company work areas.

We represented a global automotive supplier in an unfair labor practice charge filed by a former employee who alleged that...

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Client Type: Private Company
Negotiation of Physician Employment Agreements in Response to CMS Fee Schedule wRVU Changes

Representation of a national operator of hospitals and health systems in the negotiation of amendments to approximately 1,200 employment agreements for physicians as a result of the revised calculation of worked Relative Value Units (wRVUs) set forth by the Medicare Physician Fee Schedule Final Rule for Calendar Year 2021 (the Final Rule) issued by the Centers for Medicare & Medicaid Services (CMS).

We represented a national operator of hospitals and health systems in the negotiation of amendments to approximately 1,200 employment agreements...

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Client Type: Private Company
Internal Investigation for a Publicly Traded Company

Representation of a subsidiary of a publicly traded company with respect to a complaint by the Director of Risk and Compliance that he had been retaliated against by the president of the company as a result of his participation in an investigation of anonymous allegations regarding the company’s President and the COO.

We represented a subsidiary of a publicly traded company with respect to a complaint by the Director of Risk and...

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Client Type: Public Company
Retaliatory Discharge Claims Against a Pain Management Company

Representation of a pain management company in retaliatory discharge claims that stemmed from a False Claims Act (FCA) qui tam lawsuit alleging fraudulent billing for medically-directed services.

We represented a pain management company in retaliatory discharge claims that stemmed from a False Claims Act (FCA) qui tam...

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Client Type: Private Company
Settlement of a Hybrid Wage and Hour Class Action for a Healthcare Provider

Representation of a leading post-acute care provider in a hybrid wage and hour class and collective action under FRCP 23 and the FLSA brought by a group of former employees alleging that they were misclassified as exempt and entitled to overtime compensation for hours worked in excess of 40 hours each week.

We represented a leading post-acute care provider in a hybrid wage and hour class and collective action under FRCP 23...

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Client Type: Private Company
Successful Defense of Public Utility Company in Wrongful Termination Appeal

Represented a public utility company in a former employee’s appeal to the Tennessee Court of Appeals alleging wrongful termination due to false and misleading information provided at the time of their hire

We represented a public utility company in a former employee's appeal to the Tennessee Court of Appeals alleging wrongful termination...

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Client Type: Public Company
Settlement of Hybrid Class Action Case for Hospital Operator

Settled a hybrid class action case for a private hospital operator for alleged failure to pay nurses for time worked due to a time keeping system that would automatically deduct time for lunches each day

We settled a hybrid class action case for a private hospital operator for alleged failure to pay nurses for time...

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Client Type: Private Company
Successful Defense of National Restaurant Chain in Sexual Harassment and Retaliatory Allegation Arbitration

Successfully defended a national restaurant chain against sexual harassment and retaliatory discharge allegations stemming from an investigation which resulted in the Plaintiff’s termination

We successfully defended a national restaurant chain against sexual harassment and retaliatory discharge allegations stemming from an investigation which resulted...

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Client Type: Public Company
Dismissal of FLSA Claim Against Restaurant Client Upheld by Ninth Circuit

Successfully defended a national restaurant chain in a case alleging wage and hour violations

We successfully defended a national restaurant chain in a case alleging wage and hour violations. In the original case the...

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Client Type: Public Company
Premise Health Buys Health Screenings Company

Represented Premise Health in its acquisition of eHealthScreenings

We represented Premise Health in its acquisition of eHealthScreenings, national biometric screenings company. With the addition of this new set...

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Client Type: Private Company

Publications

OSHA Issues Emergency Temporary Standard to Protect Healthcare Workers from COVID-19

June 11, 2021
Oregon, Nevada and Illinois Further Limit Restrictive Covenants

June 9, 2021
New Relief Bill Does Not Extend FFCRA Requirements but Does Encourage Voluntary Extension

December 22, 2020

Past Events

Labor & Employment Law Update: Lessons Learned from COVID-19 and What to Expect under the Biden Administration

February 3, 2021 | Webinar
Bass, Berry & Sims
Labor & Employment Law Seminar: Employer Obligations for Returning to the Workplace Amid COVID-19

September 30, 2020 | Webinar
Bass, Berry & Sims
Update on Federal Legislation in Response to COVID Pandemic Impacting Employers

April 9, 2020 | Webinar
MTSHRM

Media Mentions & Firm News

Accolades

Chambers USA — Labor & Employment (2010-2021)

The Best Lawyers in America© — Labor Law: Management; Litigation: Labor and Employment (2019-2021)

Benchmark Litigation — Labor & Employment Star: Tennessee (2019-2021)

Lawdragon 100 Most Powerful Employment Lawyers (2014)

Nashville Business Journal “Best of the Bar” (2011-2012)

Human Resource Executive “Nation’s Most Powerful Employment Attorneys” (2014-2016)

HR Professionals Magazine “2013 Top Labor & Employment Law Attorneys”

Mid-South Super Lawyers (2007)

Phi Beta Kappa

Omicron Delta Kappa

Education

University of Tennessee College of Law - J.D., 1991

Order of the Coif
Southern Baptist Theological Seminary - M.Div., 1987
Louisiana State University - B.A., 1984

Admissions

Tennessee, 1995
Texas, 1991

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Chambers USA

"Bob Horton frequently represents clients in wage and hour and noncompete disputes. He has further experience in discrimination and retaliation matters. 'He's really helpful in explaining the differences between noncompete law in different jurisdictions, as well as developing defense strategies to consolidate a transaction and get a favorable settlement.'"

From Chambers USA 2021