Labor and Employment Disputes

We have extensive experience in litigating actions involving health and welfare plans and pension plans that are subject to the Employee Retirement Income and Security Act of 1974 (ERISA).  The ERISA statute has been the subject of countless decisions by the United States Supreme Court, other federal courts, and state courts.  These decisions have established important rules governing ERISA litigation – rules that can change quickly in the wake of a new Supreme Court opinion.  Our lawyers are knowledgeable about these rules, which can allow clients to choose whether to litigate in federal or state court, can permit clients to argue that discovery should be strictly limited to the administrative record established by the ERISA plan, and can ensure that courts apply deferential standards of review to the decisions made by the plan.  Our lawyers also frequently address the different types of preemption that exist under ERISA and that shield ERISA plans, plan administrators, and claims administrators from state statutory or common law claims brought by plan participants, plan beneficiaries, or health care providers asserting claims pursuant to assignments.

 

Our lawyers have helped many clients whose labor and employment issues have resulted in litigation.  We have represented our clients in federal and state courts and in federal and state administrative enforcement proceedings, in matters ranging from individual lawsuits under statutes like the Americans with Disabilities Act, to complex, high-risk class actions. Our attorneys have employment litigation experience in the following areas, among others:

 

  • State and federal claims of discrimination involving Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA)
  • Sexual harassment
  • Wrongful discharge
  • Retaliatory discharge
  • Federal and state claims of wage and hour violations, including the Fair Labor Standards Act (FLSA)
  • Family and Medical Leave Act (FMLA)
  • Safety and health violations
  • Various employment-related tort actions 
  • Contract disputes
  • Non-competition and Non-disclosure covenants
  • ERISA and employee benefits
  • Various constitutional claims 
  • Affirmative action
  • Reductions in force

 

In these engagements, our lawyers use thorough research, creative thinking, and careful factual development to maximize the prospects for successful results.  We also have a strong track record of successfully resolving lawsuits through mediation and other alternative dispute resolution methods. 

 

Our firm also enjoys an Of Counsel relationship with the law firm of Jackson, Shields, Yeiser & Holt, a nationally recognized boutique labor and employment firm in Memphis.

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