LABOR AND EMPLOYMENT

Bradley Arant represents employers in all issues arising under state and federal labor, employment, and occupational health and safety laws. We help our clients avoid claims by implementing appropriate employment policies and procedures, such as employee handbooks and policy and procedure manuals, harassment policies, affirmative action plans, Family and Medical Leave Act policies, and alternative dispute resolution (ADR) policies. Our lawyers are frequently called on by clients for immediate advice regarding proposed terminations, reductions in force, strikes, picketing, plant closings, workplace violence, FLSA issues, accommodation requirements under the Americans with Disabilities Act, OSHA inspections, employee-benefit programs, workers' compensation claims, immigration issues, non-competition and non-solicitation agreements and any other issue arising in the workplace.

We regularly defend employers before federal and state courts and administrative agencies throughout the United States. We also represent employers in mediation and arbitration as an alternative to litigation. Our litigation experience includes the defense of major class actions, collective actions, as well as the litigation of complex employee compensation and selection issues.

In addition to litigation, we provide advice and counsel concerning how to avoid unionization, including recommendations as to policies, practices, and activities designed to improve employer-employee communications and relationships. Attorneys in the group routinely assist employers faced with union organizational efforts and, when appropriate, render advice and assistance in the decertification of existing unions. On behalf of unionized employers, we negotiate collective bargaining agreements, advise other labor negotiators, prepare contract provisions, analyze union proposals, and assist in the development of appropriate bargaining strategies. We represent employers in labor arbitrations and litigation arising from strikes, including injunction and contempt proceedings.

Recent Representative Experience:

• Representation of major manufacturer in an appeal of a jury verdict for a plaintiff in a sex discrimination case regarding pay. The United States Court of Appeals for the 11th Circuit reversed the judgment for the plaintiff and held that our client was entitled to judgment as a matter of law.  The case involved an important issue regarding the statute of limitations on discriminatory pay claims, and was argued before the Supreme Court in November 2006.
  
  
• Representation of national moving and storage company in defense of a complex Fair Labor Standards Act case in a jury trial in the United States District Court for the Southern District of Mississippi. After an hour of deliberation, the jury returned a defense verdict.  This case involved unique issues of payroll record keeping, employee failure to comply with time recording policies and alleged retaliatory practices.
  
  
• Representation of a global hotel chain and its subsidiary in a fraudulent hiring case. After successful removal, the United States District Court for the Northern District of Alabama granted summary judgment in favor of our clients on all claims.
  
  
• Representation of a national fast food restaurant in the first case the company has tried nationwide under a new arbitration program for employee disputes.  The plaintiff claimed he was terminated because of his age and because he took FMLA leave.  The arbitrator ruled in favor of our client on all claims.
  
  
• Representation of mining company before the Federal Mine Safety Health Review Commission. In the case, a former employee filed a MSHA complaint alleging he had been discriminated against because he complained about safety. The United States Secretary of Labor entered an order of reinstatement pending investigation of the complaint.  After our client terminated the complainant for insubordination one day after reinstating him, the Secretary filed a motion to enforce the temporary reinstatement order.  The Secretary claimed (1) client did not reinstate complainant to appropriate position and (2) client terminated employee in retaliation.  At the conclusion of the bench trial before an Administrative Law Judge, the Secretary conceded that client had properly reinstated complainant.  A few days after trial, the Secretary withdrew its complaint regarding any alleged discrimination entirely. 
  
  
• Representation of major home builder in defense of an Americans with Disabilities Act case in a jury trial in the United States District Court for the Northern District of Alabama. This case involved a plaintiff who was released from work the same day she told her employer that she was suffering from breast cancer. The jury found her release from work was for legitimate non-discriminatory reasons and returned a defense verdict.
  
  
• Representation of financial services company in obtaining preliminary injunctions requiring former employees to comply with the terms of their non-compete agreements.
  
  
• Representation of an Alabama-based utility in a race discrimination case related to terms of promotion. A class action was sought and the case is currently in discovery.
  
  

Representative Experience: Labor and Employment

• Representation of global manufacturer in EEOC charges filed by eight African-American employees at a facility in Alabama alleging that they were paid less than their peers because of their race. All eight charges were dismissed by the EEOC, and none of the employees filed suit.
• Representation of a construction company in three separate union damages suits, in Alabama, Arkansas, and Illinois. Obtained significant jury verdicts in cases in Illinois and Arkansas.
• Defeated a putative nationwide class action discrimination case against a major tire manufacturer.
• Representation of a maintenance contractor in its successful defense of a whistleblower claim brought pursuant to the Energy Reorganization Act.
• Representation of an automotive supplier in a FLSA matter and an employee non-compete matter.
• Representation of trucking company in a USERRA matter and in providing labor and employment training to key managers.
• Representation of a client in a federal FLSA “working off the clock” case.
• Representation of a major Alabama corporation in a covenant not to compete matter. Our client sought a preliminary injunction and the Alabama Supreme Court held that a rebuttable inference of irreparable injury to the employer arises when a former salesperson is accused of violating an enforceable noncompetition agreement and works in the same geographic location as he did at his former employer.
• Representation of a company in a case to enforce non-solicitation agreements of employees who signed employment agreements with prior employer. The Alabama Supreme Court held that successor corporations can enforce an employee’s non-solicitation agreements that are otherwise valid.
• Representation of a manufacturer of molded auto components, in employee advice matters.
• Defended major race discrimination pattern and practice action against a major Alabama municipality. When the Department of Justice switched sides with a new presidential administration, defended over 50 reverse claims against the City.
• Defended a putative race and sex class action against a major cable television company.
• Defended a complex, multi-location WARN Act case, with potentially millions of dollars at stake, which resulted in no liability for the company.
• Handled several OFCCP investigations around the country involving thousands of employees which were concluded successfully for our clients.
• General advice on immigration matters and assistance with entry visas and work permits for MOBIS in Alabama.
• Performed independent third-party I-9 audits.

Representative Experience: Union Organization and Avoidance

• Representation of clients regarding union campaigns in a broad range of industries, including manufacturing, construction, health care, and retail.
• Representation of clients in numerous major strikes, including those with mass picketing, some of which were statewide. In those strikes, lawyers in the group obtained TRO's, injunctions, and contempt orders. Many of these strikes were marked with violence, including some involving shootings, arson, and use of tear gas.
• Representation of clients regarding numerous "Boys Markets" injunction proceedings in “wildcat” strike situations.
• Representation of clients in damage suits against several unions as the result of wildcat strikes.
• Trial of multiple individual unfair labor practice cases before the National Labor Relations Board.
• Representation of clients in major arbitration matters under various labor contracts.
• Assistance to major contractors in combating union salting campaigns.

Representative Experience: Collective Actions

We have represented clients in a number of FLSA cases with collective action allegations during last 5 years, including:

• Representation of Family Dollar Stories, Inc. in Janice Morgan, et al. v. Family Dollar Stores, Inc. This is a nationwide exemption case regarding Store Managers that involved over 1400 plaintiffs. The case, which initially included 2500+ opt-ins, was tried twice in the Northern District of Alabama before Chief Judge U.W. Clemon. A hung jury in 2005 was followed by a jury verdict in 2006 of approximately $33M after Judge Clemon awarded liquidated damages. The case is to be appealed once final judgment is entered
• Representation of Payless Shoesource in Tyler v. Payless Shoesource, Inc. This is a collective exemption case regarding Store Managers in the Middle District of Alabama before Judge Mark Fuller. Nationwide notice was sought and briefed, and notice was denied and summary judgment entered for our client.
• Representation of Corrections Corporation of America in Shepherd, et al. v. Corrections Corporation of America (CCA). This case involved working off clock allegations and failure to pay overtime in the Southern District of Mississippi before Judge David C. Bramlette, III. The case was settled with notice to include potential plaintiffs in resolution and take advantage of the statute of limitations on worrisome facts.
• Representation of CCA in Banks, et al. v. CCA of Tennessee. The case involved working off clock allegations and failure to pay overtime. The case was tried in the Northern District of Mississippi before Judge Eugene M. Bogen. The case settled with notice to include potential plaintiffs in resolution and take advantage of statute of limitations on worrisome facts.
• Representation of CCA in Hale, et al. v. CCA of Tennessee. The case involved working off clock allegations and failure to pay overtime. The case was tried in the Northern District of Mississippi before Judge Eugene M. Bogen. The case settled with notice to include potential plaintiffs in resolution and take advantage of statute of limitations on worrisome facts.
• Representation of Warrior Hauling in Earnest, et al. v. Warrior Hauling. The case involved Motor Carrier Act claims. The case was tried in the Northern District of Alabama before Judge Inge P. Johnson. Limited notice was sent and the plaintiffs reduced from approximately 20 to 10 and favorable settlement terms thereafter.
• Representation of the Hoover City Board of Education in Walker, et al. v. Hoover City Board of Education. The case involved back wages and overtime claims. The case was brought in the Northern District of Alabama before Judge L. Scott Coogler. A favorable settlement was obtained.
• Representation of the Shelby County Board of Education in Cathy Goggins v. Shelby County Board of Education. The case involved back pay and overtime. The case was brought in the Northern District of Alabama before Judge John E. Ott. A favorable settlement was obtained.
• Representation of Payless Shoesource in Quick, et al. v. Payless Shoesource, Inc. The case involved back pay and overtime claims. The case was brought in the Southern District of Mississippi before District Judge Henry T. Wingate. The case was referred to Magistrate Judge James C. Sumner. A collective action was sought, but before ruling the case a favorable settlement was obtained.
• Representation of Lance, Inc. in Walls v. Lance, Inc. The case involved overtime claims regarding outside sales representatives. The case is in the Northern District of Alabama before Judge Sharon Blackburn. A collection action is sought and the case is currently in discovery.
• Representation of the Fairfield Board of Education in Lisa Ector, et al. v. Fairfield Board of Education. This was a back pay and overtime case. The case was brought in the Northern District of Alabama before Judge Lynwood Smith. The case involved failure to pay overtime claims/off-the-clock allegations. A large collective action was sought and briefed. A favorable settlement was obtained.