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Labor & Employment

Nationally recognized with a priority on client service.

Our labor and employment team has a top-tier ranking, a proven litigation track record, and a reputation for integrity and competency with our clients as well as the Equal Employment Opportunity Commission and various state civil rights agencies. We counsel some of the nation’s leading companies on employee and union matters, offering guided counsel and aggressive litigation if needed.

From workplace safety and workers’ compensation matters to trade secrets, government contracts and ERISA litigation, we are experienced and equipped to handle any legal challenges that arise within the employment context. Most important, we place client service as our top priority. We approach every engagement with uncompromising professionalism and work collaboratively with our clients to find practical solutions to their employment matters.

Practice Area Contact

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Mekesha H. Montgomery

Practice Group Leader

Nashville, TN

Areas of Focus

Employer Counseling & Investigations

The best way to decrease legal costs is to reduce legal disputes. Our team works every day with a variety of employers to address their “problem employees.” We help clients draft or update their employment policies and implement accident prevention, cost containment and defense strategies. Our labor and employment team is also nationally known for training employees, supervisors and management on subjects such as sexual harassment, effective discipline, absenteeism and personnel file documentation. These proactive measures have been shown to significantly limit employer liability while also positioning clients to mount an effective defense against, should a claim or investigation arise. Finally, our experience defending both locally owned businesses and Fortune 500 companies in countless claims and enforcement actions gives clients an uncommon advantage in resolving even the most complex employment law issues.

ERISA Litigation

Our team combines in-depth knowledge and creative litigation strategies to provide practical Employee Retirement Income Security Act (ERISA) solutions for corporations and insurance providers. We defend clients against benefits denial claims at the district court and appellate levels, often in complex ERISA litigation involving discrimination and breach of fiduciary duty claims as well as severance, cutbacks, withdrawal liability under the MPPAA, delinquent contributions.

In addition to helping clients achieve their litigation goals, we provide timely updates on litigation trends to insurers, health care providers, self-insured employers and third-party claims administrators. These insights allow our clients to proactively adjust their claims handling procedures in order to avoid litigation and/or increase their odds of prevailing should litigation ensue.

Railway Labor Act (RLA)

Our team has vast experience dealing with the National Mediation Board (NMB) in a broad range of matters, including labor negotiations, accretion applications and elections. The craft or classes involved in these actions have included aircraft mechanics and related employees, flight deck crewmembers, airline dispatchers, maintenance controllers and simulator technicians. We work directly and on a routine basis with NMB-assigned mediators, board members, carrier management, and our clients to negotiate labor contracts, with an eye toward finding creative solutions to labor issues confronting the airline industry.

Frost Brown Todd is one of the few firms in the Midwest with the depth of RLA experience to match or exceed the RLA expertise normally associated with large firms on the East and West Coasts.

In addition to being involved in the negotiations of labor contracts, our attorneys have handled hundreds of arbitrations before Airline System Boards of Adjustment involving, again, multiple different planes and airline-related crafts. We bring a wealth of practical and industry experience to the arbitration process. We work with carriers to obtain the best result possible while always controlling the cost of the process with appropriate staffing decisions. As such, you will never have two attorneys at a System Board hearing involving one grievance.

Finally, our experience extends to the handling of all types of legal claims in the courtroom. We have litigated RLA cases involving a broad range of issues including status quo disputes, preemption of state law claims, defenses and challenges to System Board of Adjustment Awards, Section Two Third claims related to the selection of Union representatives and discrimination claims under Section 152 Fourth.

Featured Insights

Our latest thinking on the legal issues impacting the workplace and labor market.

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November 2024 Immigration Update

November 21, 2024 | Publications

The Future of Employment Verification: E-Verify+ E-Verify+ is a new voluntary government tool desig...

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NLRB Continues Assault on Employers’ Free Speech Rights: Bans Mandatory Captive-Audience Meetings

November 20, 2024 | Publications

Well, here we go again. On November 13, the National Labor Relations Board (NLRB or Board), in Amazo...

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DOL’s 2024 Salary Rule Vacated Nationwide: Essential Insights for Employers

November 19, 2024 | Publications

In State of Texas v. United States Department of Labor, et al., the U. S. District Court for the Eas...

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NLRB Limits Employers’ Right to Inform Employees About the Negative Impact of Unionization on the ...

November 13, 2024 | Publications

Discarding a near-40-year precedent, the National Labor Relations Board (NLRB or Board) issued Siren...

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Holiday Incentive Pay Must Be Included in Overtime Calculation Under Colorado Law

September 27, 2024 | Publications

The Colorado Supreme Court ruled that holiday incentive pay must be included in the “regular rate ...

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Supreme Court Overrules the ‘Chevron Doctrine’ and Changes the Face of Federal Regulatory and Ad...

September 26, 2024 | Publications

Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (June 28, 2024) In Loper Bright Enterprises v....

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Texas Court Pulls the Plug on FTC’s Non-Compete Ban: Rule Set Aside Nationwide

August 21, 2024 | Publications

On August 20, 2024, a Texas federal court set aside the Federal Trade Commission’s (FTC) Final Rul...

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Federal Courts Divided over FTC’s Non-Compete Ban Final Rule

August 7, 2024 | Publications

Only a few weeks after a Texas federal court found the Federal Trade Commission’s (FTC) Final Rule...

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National Labor Relations Board Reverts to Pro-Union Election Procedures

August 2, 2024 | Publications

The National Labor Relations Board (NLRB) has adopted a new rule reducing employee free choice over ...

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FTC Non-Compete Ban on Life Support

July 8, 2024 | Publications

On July 3, 2024, in the case of Ryan LLC et al. v. FTC, the United States District Court for the Nor...

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