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 its most recent edition, Chambers researchers featured feedback from client interviews, including: “‘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 changes
- Strike guidance
- Decertification campaigns
Experience
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Read More
We represented a government contractor in the defense of a discrimination charge brought by a former employee, filed with both the Florida Commission on Human Rights (FCHR) and the EEOC. The FCHR issued a finding of no cause.
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We represented a home improvement retailer in connection to a charge of discrimination and lawsuit filed by a former employee, alleging unlawful conduct on numerous theories. After initial discovery, the charge and lawsuit were settled.
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We represented an industrial technology company in the settlement of allegations by a former employee of wrongful discharge based on numerous theories in which our client faced substantial exposure.
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We successfully defended the purchasers of a physician practice in the dissolution of a business partnership wherein substantial claims were made relating to the business agreement. We were able to reach a favorable settlement in which our client’s exposure was reduced significantly.
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We 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. The court found that the client’s decision to terminate the plaintiff was supported by substantial evidence, ruling in our client’s favor.
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We successfully represented a private university in a misconduct case filed by a former student alleging gender bias in violation of Title IX and various state law claims, relating to the university’s enforcement of its sexual misconduct policy and subsequent investigation and expulsion of the student. The court granted the client’s motion to dismiss all of the counts.
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Represented a global engineering company in a Tennessee Occupational Safety and Health Administration complaint filed by a former employee
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Obtained summary judgment for a home improvement retailer in a multi-claim case filed by a former employee
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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
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Recently settled a sensitive matter for a non-profit dialysis provider in which an employee had alleged that her employer’s treatment of her amounted to disability discrimination
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.
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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 interviewee says: 'They are very responsive and clearly have institutional expertise in labor and employment matters.' Commentators note: 'They have the deepest resources and they're quality lawyers.'"
From Chambers USA 2018