Practice Areas
Labor & Employment
Chambliss, Bahner & Stophel’s Labor and Employment Law Group handles a broad spectrum of labor and employment law issues. 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 prompt legal and practical advice. Much attention is given to "preventive maintenance," counseling clients on employee relations issues before problems arise. We work 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 practical business considerations.
When claims and lawsuits are filed, we provide our clients with a vigorous defense. The members of our labor and employment group are experienced litigators and regularly handle both jury and nonjury cases in state and federal court. We have also handled numerous administrative complaints and investigations before federal and state agencies such as the Equal Employment Opportunity Commission, Office of Federal Contract Compliance Programs, Tennessee Human Rights Commission, and Tennessee Department of Labor and Workforce Development. Over the years, we have developed good working relationships with officials at each of those agencies.
Some of the specific areas in which we provide advice and representation include:
- Affirmative Action Compliance (including drafting of affirmative action plans and representation of clients in proceedings before the OFCCP)
- Development of personnel policies and procedures and employee handbooks
- Title VII of the Civil Rights Act of 1964 (discrimination based on race, sex, religion, and national origin)
- Age Discrimination in Employment Act
- Americans with Disabilities Act
- Retaliatory discharge
- Family and Medical Leave Act
- Pregnancy discrimination and maternity leave under both state and federal law
- Workplace violence prevention and counseling
- Wage and hour compliance under both federal and state law
- Drug and alcohol testing and substance abuse policies
- Individual employee rights (employee privacy, access to personnel files, polygraph testing, etc.)
- Layoffs and reductions in force
- Severance agreements
- Employee noncompetition agreements
- Grievance arbitration
- Unfair labor practice charges and proceedings before the National Labor Relations Board
- Union avoidance
- Worker’s compensation
- Unemployment compensation
Representative Matters and Client Services
- Annual Employment Law Seminar attended by over 100 clients (seminar is complimentary to clients and guests)
- Seminars for manufacturing clients on Union Avoidance
- Special briefings for clients on more complex FMLA and ADA issues
- Successful representation of major manufacturing firms in OFCCP compliance reviews (including corporate management reviews or "glass ceiling" audits)
- Successful defense of manufacturing client in suit for alleged violations of ERISA and FMLA (Case No. 1:01-CV-291, United States District Court for the Eastern District of Tennessee)
- Successful defense of manufacturing client in $2,000,000 wrongful termination suit (Case No. 3:03-CV-00041, United States District Court for the Western District of Virginia)
- Successful defense of Hamilton County Department of Education in multiple suits by school system administrators alleging statutory violations and breach of contract in connection with merger of City and County Schools (reported at 2005 Tenn. App. LEXIS 64 and 2004 Tenn. App. LEXIS 171)
- Successful defense of manufacturing client in suit by independent distributor alleging misrepresentation and violation of state statute prohibiting false advertising for labor (Case No. 04-CV-51, Circuit Court of Eau Claire County, Wisconsin)
- Successful defense of manufacturing client in suit for race discrimination under Title VII (reported at 2002 U.S. App. LEXIS 21505).
ERISA and Employee Benefits. Our attorneys also advise and litigate for our clients on issues related to employee benefits such as group life, health and disability insurance, severance 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 privacy, and accountability requirements.