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. Client feedback in recent editions of Chambers USA has included the following:
- "Bass, Berry & Sims' ability to handle complex and sophisticated matters is excellent, and its service levels and responsiveness exceed our expectations." (from Chambers USA 2024)
- "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)
- "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
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.
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.
- Breach of employment agreements.
- 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.
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.
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. Client feedback in recent editions of Chambers USA has included the following:
- "Bass, Berry & Sims' ability to handle complex and sophisticated matters is excellent, and its service levels and responsiveness exceed our expectations." (from Chambers USA 2024)
- "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)
- "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
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.
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.
- Breach of employment agreements.
- 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.
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
-
We represented National HealthCare Corporation (Nasdaq: NHC), a leading provider in senior care, in its acquisition of White Oak Senior...
-
We represented a security engineering consulting firm in an on-site investigation into claims that a part-owner had an inappropriate relationship...
-
We represented a mental health and addiction treatment services organization in an investigation regarding allegations of quid pro quo sexual...
-
We represented a multi-office machinery manufacturer in an on-site investigation after its receipt of an anonymous complaint alleging human resources...
-
We represented a behavioral healthcare organization in an internal investigation prompted by multiple federal filings alleging systemic race and sex-based...
-
We represented a retailer in a series of investigations initially stemming from claims of sexual misconduct and harassment brought against...
-
We obtained a jury verdict for Guaranty Home Mortgage Corporation (GHMC), a market leader in mortgage lending currently licensed in...
-
We represent Deep Insight Solutions, Inc. dba BOSS AI, a technology services company that helps organizations create business strategies by optimizing...
-
We are representing a multinational food products corporation in connection with their upcoming contract negotiation, including conducting a thorough review...
-
We represented a ready mix concrete company with facilities across 12 states in defending unfair labor practice charges filed with...
Experience
-
We represented National HealthCare Corporation (Nasdaq: NHC), a leading provider in senior care, in its acquisition of White Oak Senior...
-
We represented a security engineering consulting firm in an on-site investigation into claims that a part-owner had an inappropriate relationship...
-
We represented a mental health and addiction treatment services organization in an investigation regarding allegations of quid pro quo sexual...
-
We represented a multi-office machinery manufacturer in an on-site investigation after its receipt of an anonymous complaint alleging human resources...
-
We represented a behavioral healthcare organization in an internal investigation prompted by multiple federal filings alleging systemic race and sex-based...
-
We represented a retailer in a series of investigations initially stemming from claims of sexual misconduct and harassment brought against...
-
We obtained a jury verdict for Guaranty Home Mortgage Corporation (GHMC), a market leader in mortgage lending currently licensed in...
-
We represent Deep Insight Solutions, Inc. dba BOSS AI, a technology services company that helps organizations create business strategies by optimizing...
-
We are representing a multinational food products corporation in connection with their upcoming contract negotiation, including conducting a thorough review...
-
We represented a ready mix concrete company with facilities across 12 states in defending unfair labor practice charges filed with...
Professionals
| Name | Phone | |
|---|---|---|
|
William T. Abramson Associate |
(615) 742-7937 | Will.Abramson@bassberry.com |
|
Marc E. Ackerman Counsel |
(646) 502-9678 | marc.ackerman@bassberry.com |
|
Audrey J. Anderson Counsel |
(615) 742-6296 | audrey.anderson@bassberry.com |
|
Lymari Martinez Cromwell Member |
(615) 742-6219 | Lymari.cromwell@bassberry.com |
|
Davidson French Member |
(615) 742-6240 | jfrench@bassberry.com |
|
Tim K. Garrett Member |
(615) 742-6270 | tgarrett@bassberry.com |
|
Robert W. Horton Member |
(615) 742-7708 | rhorton@bassberry.com |
|
Ashley Robinson Li Associate |
(615) 742-7701 | ashley.li@bassberry.com |
|
Mary Leigh Pirtle Member |
(615) 742-7773 | mpirtle@bassberry.com |
|
Brittany F. Roberts Labor & Employment Attorney |
(615) 742-7876 | Brittany.roberts@bassberry.com |
|
Hunter K. Yoches Associate |
(615) 742-7905 | Hunter.Yoches@bassberry.com |
Publications
Past Events
Publications
Past Events
Media Mentions & Firm News
Contact
"Bass, Berry & Sims offers a comprehensive service to public and private companies from a broad range of industries, including healthcare, retail, transportation and financial services. It often advises on regulatory and compliance matters, as well as assisting with collective bargaining negotiations and union avoidance training. The firm is also 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." Client feedback: "Bass, Berry & Sims produces high-quality and timely work on complex and sophisticated matters. Its team is knowledgeable and responsive, and provides holistic legal advice." "I am incredibly impressed with Bass, Berry & Sims' ability to handle complex and sophisticated matters, and by the depth and breadth of its team."
From Chambers USA 2024
