Labor & Employment
Positive human relationships and interactions drive business success. To help advance this paradigm, we advise clients on labor and employment matters from a perspective that connects their dynamic labor and human resources needs with affirmative strategies. We partner with clients to provide creative, innovative and practical solutions to business problems that have legal ramifications. We seek to strike the balance between firmness and fairness, between a client’s operational needs to be efficient and cultural demands to be accommodating. In doing so, we strive to solve problems before they escalate to litigation or administrative proceedings, while also positioning our clients for the best 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 healthcare, manufacturing, retail, distribution, utilities, communication, transportation, service, retail food sales and education.
Our counsel in labor and employment matters can be divided into three broad categories:
- Employment counseling, training and auditing.
- Employment litigation.
- Traditional labor law.
Chambers USA consistently recognizes Bass, Berry & Sims as one of the top labor & employment law firms in Tennessee. In the latest edition of Chambers, a source said, “Efficiency and reasonableness of billings are of paramount importance, and Bass, Berry & Sims is best in class when it comes to these areas.” (from Chambers USA 2020) In its 2018 edition, Chambers featured the following feedback from client interviews: “They are very responsive and clearly have institutional expertise in labor and employment matters,” and “They have the deepest resources and they’re quality lawyers.” (from Chambers USA 2018) An earlier issue of Chambers described the team as “very thorough and provid[ing] a Rolls-Royce quality of work.” (from Chambers USA 2015)
Areas of Focus
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Employment Counseling, Training & Auditing
Our model focuses on day-to-day counseling that builds deep relationships such that clients call us prior to taking action that may lead to litigation. We stand ready to advise on compliance with employment related law and regulations on both the federal and state level. We also provide in-office counseling and training to human resource managers, front line managers and supervisors on preventing and resolving issues before they become lawsuits.
Our counseling and training programs cover a wide breadth of employment related matters, including but not limited to:
- Effective management and a general understanding of unlawful discrimination and retaliation issues.
- Leave issues including Americans with Disabilities Act (ADA) and Family Medical Leave Act (FMLA).
- ADA accommodation issues.
- Age Discrimination in Employment Act (ADEA).
- Sexual harassment.
- Wage and hour.
- Reductions in force.
- Privacy.
- Union avoidance.
- Social media.
- Investigations.
We also have a dynamic audit practice, which, if desired, allows a client to be proactive in identifying potential problems and resolving them before they become crises. These services include:
- Performing of wage and hour audits.
- Formulating, reviewing and revising employee handbooks and the policies and procedures within them.
- Conducting investigations or coaching clients through investigations on an as needed basis.
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Employment Litigation
We understand that defending employment litigation is expensive and time consuming for every client. We also understand that clients adopt different philosophies regarding how to respond to employment litigation. For every client, regardless of philosophy, our approach is the same – understanding the exposure as early as possible, developing the best defense possible, being ever mindful of the cost associated with the defense and providing our clients an ongoing opportunity to assess the best approach for the business along the way.
While we are aggressive litigators, we know that reaching the best outcomes for our clients involves skillful negotiation and efforts to avert expensive litigation through early assessment. Our approach is to resolve disputes in a way that protects culture while minimizing costs. Most often, this leads to settlement outside of court; however, if litigation is unavoidable, we provide our clients with the very best defense based upon a strategic response that is grounded in a thorough understanding of the applicable law and able to adapt as circumstances change (as they often do) during the course of litigation.
Our employment attorneys litigate cases throughout the U.S., either with assistance of local counsel, or with the assistance of our own attorneys who are licensed in the particular jurisdiction. In the past five years, we have handled employment lawsuits and unfair labor practice proceedings in 28 states.
We are regularly involved in claims of:
- Unlawful discrimination under federal and state law.
- Retaliatory discharge issues under federal and state law.
- Wrongful discharge.
- Interference with the Family Medical Leave Act (FMLA) and other statutory rights.
- Occupational Safety and Health Administration (OSHA) matters relating to complaints, investigations and fines.
- Wage and hour non-compliance.
- Breach or enforcement of non-compete agreements.
- Tortious interference with contracts.
- Defamation.
- Breach of fair representation.
- I-9 non-compliance.
- Employee Retirement Income Security Act (ERISA) litigation.
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Traditional Labor
We counsel clients on employee relations strategies aimed at fostering a positive work environment and avoiding union organization. We provide advice and training on best practices to achieve this goal, but also are experienced in respectfully and lawfully counteracting union activities throughout the country, including proceedings before the National Labor Relations Board (NLRB).
For clients whose employees are represented by unions, we handle all aspects of contract negotiation and interpretation. We advise clients on key strategies for union avoidance, in handling responses to union organizational campaigns, and in the negotiation and interpretation of any resulting collective bargaining agreements. We also represent employers in responding to grievances, in handling arbitration hearings, and in unfair labor practice proceedings and other matters before the NLRB.
Our services include:
- Union avoidance training and informational campaigns.
- Collective bargaining agreement negotiations.
- Labor arbitrations.
- Contract negotiation, interpretation and administration.
- Grievance procedures.
- Defense of unfair labor practice charges.
- Strike guidance.
- Decertification campaigns.
Experience
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Read More
We are representing a multinational food products corporation in connection with their upcoming contract negotiation, including conducting a thorough review of their CBA and advising on complications relating to leaves of absence.
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We represented a ready mix concrete company with facilities across 12 states in defending unfair labor practice charges filed with the NLRB. Two employees, separately and at different times, quit coming to work and claimed to be “on strike” due to alleged unsafe work conditions and substandard wages.
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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.
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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).
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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.
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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.
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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.
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We represented Tractor Supply Company (Nasdaq: TSCO) in their agreement to acquire Orscheln Farm and Home, a family-owned farm and ranch retailer.
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Representation of nationwide hospital system in an on-site investigation relating to a series of anonymous complaints that a contracted physician had engaged in the routine sexual harassment of hospital staff and that he was practicing outside the scope of his credentials.
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Representation of medical treatment center in a two-month investigation into multiple complaints of a hostile work environment resulting from the conduct of a member of the company’s executive leadership
Professionals
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
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Media Mentions & Firm News
As developments related to COVID-19 continue to unfold, Bass, Berry & Sims’ labor & employment attorneys are closely monitoring updates from government agencies and other organizations, and interpreting their impact on employers. To help you stay informed, we have developed the below resource center to serve as a centralized location for legislative updates and guidance addressing many of the common questions employers currently face.
If you have any questions regarding the information below, please contact any of our labor & employment attorneys. Our team is closely monitoring the government’s response to this developing situation and will update with further guidance as it unfolds. To access government guidance affecting employers, visit the Government Issued Guidance section of our COVID-19 Response page.
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For more news and updates related to this pandemic, please visit the Bass, Berry & Sims COVID-19 Response and CARES Act resource pages. On these pages you will find links to the guidance we feel is most relevant to our clients, as well as our own timely alerts related to these topics.
To learn more, contact:
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Chambers USA
"Offers a comprehensive service to public and private companies from a broad range of industries, including healthcare, retail, transportation and financial services. Often advises on regulatory and compliance matters, as well as assisting with collective bargaining negotiations and union avoidance training. Additionally well known for handling high-profile employment disputes, including wage and hour, discrimination and retaliation cases. Expertise extends to labor and employment concerns stemming from corporate transactions. One client praises the firm for its 'fantastic level of service' and 'highly analytical' approach."
From Chambers USA 2021