Professionals
- Fitz E. Barringer
- Brendan P. Biffany
- Demi Lorant Bostian
- Stephen M. Cox
- Adam K. Doerr
- Edward F. Hennessey IV
- Patrick H. Hill
- Travis S. Hinman
- Caleb J. Holloway
- Susan M. Huber
- Alexis M. Iffert
- Douglas M. Jarrell
- Benjamin A. Johnson
- Charles E. Johnson
- Laura E. Johnson
- Emma T. Kutteh
- J. Dickson Phillips III
- Amanda Pickens Nitto
- Melissa A. Romanzo
- Jazzmin M. Romero
- Gregory L. Skidmore
- Elizabeth C. Smith
- Garrett A. Steadman
- Anna Claire Tucker
- Angelique R. Vincent
- Richard A. Vinroot
- John R. Wester
- Ethan R. White
- Spencer T. Wiles
- David C. Wright III
- Julian H. Wright Jr.
Overview
Robinson Bradshaw has a sophisticated employment and labor practice, representing clients including Facebook, BMW, TIAA, Bojangles' and Fresenius (the nation's largest provider of dialysis services) in a full range of matters.
We counsel clients on employment matters – including employee hiring, discipline, leaves of absence, layoffs and terminations – so that issues do not become lawsuits. Along with counseling, we develop human resource policies, investigate workplace complaints of discrimination and harassment, and negotiate and draft noncompetition agreements to ensure that employers not only comply with the law but protect their interest in their workforce. We also offer training sessions for both lawyers and non-lawyers on key employment and discrimination issues.
In addition, our employment and labor attorneys have an outstanding record in litigating cases in federal and state courts across the country, as well as before federal and state administrative agencies and in arbitration. We regularly represent employers in class, collective and individual actions alleging employment discrimination and wrongful discharge, wage and hour violations, noncompetition and trade secret misappropriation, and ERISA violations.
Employment Discrimination and Wrongful Discharge
We regularly defend employers in courts and before administrative agencies in class actions and individual cases alleging discrimination or retaliation under laws such as Title VII, the ADEA, the ADA, the FMLA and state wrongful discharge laws.
Wage and Hour
We represent employers in class and individual claims arising under the FLSA, and we represent employers and executives in claims under state wage and hour laws for nonpayment of wages, bonuses, severance and equity compensation.
Employment Competition and Trade Secrets
We represent employers and individuals in nationwide litigation to enforce employee noncompetition and nonsolicitation agreements designed to protect trade secrets and customer relationships. We also counsel clients on related issues such as misappropriation of trade secrets and breach of fiduciary duties.
National Labor Relations Act Issues
As part of our practice counseling employers about union campaigns and elections, we defend employers against unfair labor practice charges before the National Labor Relations Board.
ERISA
We litigate a variety of ERISA issues, including preemption, the denial of benefits and claims for breach of fiduciary duty.
Honors & Awards
- Chambers USA, labor & employment, 2009-24
- Best Law Firms, Charlotte Tier 1 for employment law - management, 2011-25; Charlotte Tier 1 for litigation - labor & employment, 2012-25; Charlotte Tier 1 for labor law - management, 2011-25; Rock Hill Tier 1 for employment law - management, 2023-24; Rock Hill Tier 1 for litigation - labor & employment, 2023-24
- Benchmark Litigation, Labor & Employment, highly recommended firm, 2019-24
Experience
Class and Collective Actions
Represent quick-service chicken-and-biscuits chain in multiple collective actions alleging wage and hour violations under the federal FLSA.
Represented an automobile manufacturer in a class suit brought by the EEOC alleging disparate impact in the application of criminal background screens to applicants for employment. The case was successfully resolved through a consent decree.
Represent a national health care firm with over 200,000 employees in a federal court class action alleging improper calculation of disability benefits.
Represent a Fortune 500 retailer in a putative national class action brought by tens of thousands of individual store managers, including an interlocutory appeal in the Fourth Circuit and a petition for certiorari to the U.S. Supreme Court.
Defended the governor of North Carolina against class action claims challenging the constitutionality of employment practices in state government. The firm obtained a decision from the U.S. Court of Appeals for the Fourth Circuit holding that discharges of policymaking state employees were presumptively lawful.
Defended class claims of 1,560 past and present employees, prevailing in the U.S. District Court for the Southern District of Florida on a motion to severely limit the scope of the class-based claims, and resolved the remaining claims for an amount within the anticipated costs of defense.
Defended a North Carolina corporation against a class plaintiff's federal securities and ERISA claims relating to pension plan contributions. The firm obtained a judgment from the U.S. District Court for the Western District of North Carolina that the defendant was not liable.
Defend putative class action alleging failures to observe FCRA requirements that employees and potential employees receive pre-adverse action letters and other disclosures prior to termination based on the results of criminal background checks.
Defended class action under the FLSA in the U.S. District Court for the Southern District of Florida.
Employment Discrimination
Represented a printing company in an action brought by the EEOC on behalf of 23 former employees who alleged that systematic age discrimination motivated their discharge. Won dismissal of all claims at summary judgment. The result was upheld in full by the U.S. Court of Appeals for the Fourth Circuit. On remand, we secured an award from the EEOC reimbursing 90% of all legal fees and costs under the Equal Access to Justice Act.
Prevailed on behalf of an employer in a jury trial in which a former employee alleged age discrimination in violation of California law. No appeal was filed.
Represented a hospital system and its executives in an action brought by a physician alleging termination in violation of the First Amendment to the U.S. Constitution and alleging multiple violations of North Carolina law. Won summary judgment on all claims. The Fourth Circuit Court of Appeals affirmed, and the U.S. Supreme Court denied review.
Represented a hospital in an action brought by a physician alleging race discrimination and harassment regarding staff privileges. Won summary judgment on all claims and obtained an order requiring payment by the physician of all of the hospital’s attorneys’ fees and costs.
Represented a housing development company in an action brought by a former controller who alleged race, sex and age discrimination, retaliation, constructive discharge and related state law torts after she was passed over for a promotion. Obtained summary judgment on all claims, and the Fourth Circuit affirmed.
Wage and Hour
Represented an employer in an action brought by a former employee claiming violations of the FLSA and wage and hour regulations. Won summary judgment in U.S. District Court, carving out an exemption from wage and hour law. The result was upheld by the U.S. Court of Appeals.
Represented a financial institution employer in an action brought by a former executive seeking payment of a forfeited bonus and liquidated damages under the North Carolina Wage and Hour Act. The Court of Appeals rejected all claims by the executive and ordered entry of summary judgment in favor of the employer.
Employment and Noncompetition Agreements
Represented an industrial manufacturing employer in enforcing a noncompetition agreement. Obtained reversal by the North Carolina Court of Appeals of the trial court’s initial finding that the noncompetition agreement was overbroad and unenforceable. The case established a precedent that North Carolina courts can enforce noncompetition agreements that prohibit employees from working for competitors in similar positions.
Represented hotel developers sued by their former employer, which alleged that they had breached a nonsolicitation agreement by soliciting other employees. Obtained summary judgment, which was affirmed by the North Carolina Court of Appeals in a decision establishing that an agreement prohibiting the solicitation of employees does not prohibit the hiring of those employees when no solicitation occurred.
Defended a furniture company employer against claims of wrongful discharge and breach of an employment contract. Won summary judgment against all claims. The result was upheld by the North Carolina Court of Appeals.
Defended a scientific testing and laboratory employer against claims of breach of an employment contract and a challenge to the employment-at-will doctrine in North Carolina. Prevailed in decision by the North Carolina Supreme Court that established a precedent that the mere assurance of continued employment or relocation of a residence does not trump at-will employment.
Labor Relations
Represented a small manufacturing company during a union election. Assisted in organizing opposition to the union. The union withdrew its request for an election the day before the scheduled vote.
Represented a fast-food restaurant chain at the National Labor Relations Board and obtained dismissal of an unfair labor practice charge arising out of protests over minimum wage.
ERISA
Defended a national textile manufacturer in an action brought by a class of salaried employees arising out of alleged representations made by the company in the course of a leveraged buyout. Following trial in U.S. District Court in South Carolina on ERISA claims, we argued the appeal in the Fourth Circuit and obtained a complete reversal of the District Court’s judgment in favor of the employees as well as reversal of an award of attorneys' fees.
Represented a housing manufacturer in an action brought by a terminated division president for wrongful discharge, breach of contract, ERISA and unfair trade practice claims. Secured dismissal and summary judgment as to all claims in District Court and then had the result affirmed in full by the Fourth Circuit.
Represented a national energy corporation and its officers and directors in a class action filed under ERISA alleging that the company’s fiduciaries breached their fiduciary duties in connection with the administration of the company’s ESOP. Obtained dismissal of all claims with prejudice.
News & Events
News
- Nov. 20, 2024
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- Dec. 15, 2017
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- Oct. 25, 2017
- Eight Named “Lawyer of the Year”Aug. 16, 2017
- Aug. 15, 2017
- June 26, 2017
- May 31, 2017
- May 31, 2017
- March 2, 2017
- Feb. 13, 2017
- Jan. 26, 2017
- Jan. 3, 2017
Events
Robinson Bradshaw
101 N. Tryon St., Suite 1900
Charlotte, NC 28246Dec. 4, 2024Prestonwood Country Club
300 Prestonwood Parkway
Cary, NC 27513Sept. 12, 2024Prestonwood Country Club
300 Prestonwood Parkway
Cary, NC 27513Sept. 12, 2024Client presentation
Feb. 27, 2024Via webinar
Feb. 7-9, 2024Robinson Bradshaw
101 N. Tryon St., Suite 1900
Charlotte, NC 28246Dec. 13, 2023Robinson Bradshaw
101 N. Tryon St., Suite 1900
Charlotte, NC 28246Dec. 13, 2023The Umstead
100 Woodland Pond Drive
Cary, NC 27513Sept. 20, 2023Grand Bohemian Lodge
Greenville, SCApril 21, 2023Robinson Bradshaw
101 N. Tryon St., Suite 1900
Charlotte, NC 28246Dec. 12, 2022Westin Resort & Spa
Paseo de la Marina Sur #205
Puerto Vallarta 48354
MexicoMarch 17, 2022Via webinar
Feb. 16, 2022Via webinar
Dec. 14, 2021The Beverly Hilton
9876 Wilshire Boulevard
Beverly Hills, CA 90210Nov. 12, 2021Via webinar
Sept. 30, 2021via Zoom
Sept. 9, 2021Via webinar
May 6, 2021Via webinar
April 22, 2021- April 20, 2021
Via webinar
March 17, 2021Via webinar
Feb. 11, 2021Via webinar
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Dec. 8, 2020Via webinar
Oct. 22, 2020Client webinar
May 13, 2020North Carolina Bar Center
8000 Weston Parkway
Cary, NC 27513Feb. 18, 2020Robinson Bradshaw
101 N. Tryon St., Suite 1900
Charlotte, NC 28246Dec. 10, 2019Robinson Bradshaw
101 N. Tryon St., Suite 1900
Charlotte, NC 28246Dec. 10, 2019Hilton New Orleans Riverside
2 Poydras Street
New Orleans, LA 70130Nov. 8, 2019Mecklenburg County Bar & Foundation Center
2850 Zebulon Avenue
Charlotte, NC 28208Oct. 25, 2019Louisville Marriott Downtown
280 W. Jefferson St.
Louisville, KY 40202May 10, 2019Robinson Bradshaw
101 N. Tryon St., Suite 1900
Charlotte, NC 28246Dec. 13, 2018Robinson Bradshaw
101 N. Tryon St., Suite 1900
Charlotte, NC 28246Dec. 13, 2018Robinson Bradshaw
101 N. Tryon St., Suite 1900
Charlotte, NC 28246Dec. 12, 2017Robinson Bradshaw
101 N. Tryon St., Suite 1900
Charlotte, NC 28246Dec. 12, 2017Wild Dunes Resort
Sweetgrass Pavilion
5757 Palm Blvd.
Isle of Palms, SC 29451Oct. 21, 2017Robinson Bradshaw
1450 Raleigh Road, Suite 100
Chapel Hill, NC 27517June 28, 2017Mecklenburg County Bar & Foundation Center
2850 Zebulon Ave.
Charlotte, NC 28208June 13, 2017Sheraton Charlotte Hotel + Le Meridien Charlotte Hotel
555 S. McDowell St.
Charlotte, NC 28204April 3, 2017
Insights
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- Dec. 13, 2019Triangle Business Journal
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- Jan. 22, 2018L3: Long Leaf Law, North Carolina Bar Association blog
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- March 24, 2016Class Actions Brief Blog
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- Starting Out on the Right Foot: Early Efforts Regarding Electronically Stored InformationSept. 12, 2014Antitrust & Complex Business Dispute News, a newsletter from the NCBA
- July 15, 2014Class Actions Brief Blog
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