Chambliss, Bahner & Stophel’s Labor and Employment Section handles a broad spectrum of labor and employment law issues. Much attention is given to "preventive maintenance," i.e., counseling clients on employee relations issues before problems arise. Along with individual counseling on specific issues, we provide frequent seminars on employment-related topics for our clients and friends, both in group and individual settings. We work with clients in developing policies and procedures that are in compliance with federal and state employment statutes and which make good business sense. As issues arise, we are available to provide immediate legal and practical advice. We strive not only to tell you what the "law" is, but also to provide recommendations on the best course of action, considering both the legal risks and what is right and fair to the employee and the company.

Inevitably, claims and lawsuits will be filed, and we then provide our clients with a vigorous defense. Each member of our labor and employment practice group is an experienced litigator. We have handled numerous cases before state and federal administrative agencies, such as the Equal Employment Opportunity Commission, Tennessee Human Rights Commission, and the Tennessee Department of Labor and Workforce Development. Over the years, we have developed good working relationships with officials at each of those agencies.

Our employment lawyers are experienced in both jury and nonjury cases, and have successfully defended lawsuits in both state and federal court.

Some of the specific areas in which we provide advice and representation are:

• Review of personnel documents, policies and practices, from applications for employment to disciplinary and termination notices and procedures, to ensure compliance with applicable state and federal law
• Development of personnel policies and procedures and employee handbooks
• Title VII of the Civil Rights Act of 1964 and state Fair Employment Practices legislation, including the Tennessee Human Rights Act (discrimination based on race, sex, religion, etc.)
• Age Discrimination in Employment Act (ADEA)
• Americans with Disabilities Act (ADA)
• Family and Medical Leave Act (FMLA)
• Pregnancy Discrimination Act (PDA) and maternity leave issues under state and federal law
• Sexual harassment policies, training, investigations and prevention
• Development and administration of affirmative action plans (AAPs) and compliance with the requirements of the Office of Federal Contract Compliance Programs (OFCCP)
• Education concerning violence in the workplace, including managing employees with mental or emotional problems
• Compliance with and defense of claims brought under state and federal wage and hour laws, including minimum wage and overtime issues under the Fair Labor Standards Act (FLSA)
• Drug and alcohol testing and substance abuse policies
• Executive Order 11246 (affirmative action by government contractors)
• Individual employee rights (employee privacy, access to personnel files, polygraph testing, etc.)
• Layoffs and reductions in force
• Unemployment compensation (advice regarding preparing necessary documentation and defense of claims)
• Severance agreements
• Litigation regarding all aspects of confidentiality, trade secrets and covenants not to compete
• Training in all aspects of employee and labor relations
• Unfair labor practice charges and proceedings before the National Labor Relations Board
• Union avoidance
• Grievance arbitration
• Worker’s compensation
• Retaliatory discharge.

Helping our clients understand the implication of these laws is important to us. We regularly provide information through one-on-one consultation and the presentation of seminars to groups of management personnel.

We pride ourselves on being available to assist you on a moment’s notice at any time of the day or night. Please do not hesitate to call on us.

Our attorneys also advise and litigate for our clients on issues related to employee benefits such as group life, health and disability insurance, severance benefits, and retirement plans regulated by the federal Employee Retirement Income Security Act ("ERISA"). This work includes defense of lawsuits brought to recover benefits, prosecution of plan claims for reimbursement of benefits from third parties under subrogation agreements, and counseling and defense of claims related to COBRA continuation coverage. Our attorneys also advise clients with respect to qualified plan design and compliance, HIPAA portability, and accountability requirements.