Labor & Employment (Management)

 

John R. LaBar

John R. LaBar

Partner/Practice Chair

 

 

Henry & McCord’s employment law practice centers around the representation of private and public employers.  Our firm makes every effort to avoid or minimize litigation against our clients through the development of personnel policies, protocols and handbooks.

 

Our attorneys will work collaboratively with your existing HR state and can provide assistance with management training and with counseling employers prior to employment decisions and/or disciplinary actions.  

 

Henry & McCord also provide litigation services in connection with wrongful discharge claims, breach of employment contracts, discrimination claims and related matters under both federal and state law.

 

Our firm’s labor and employment practice covers the full range of labor and employment matters, including:

 

FEDERAL AND STATE AGENCY PRACTICE:

 

  •      National Labor Relations Board (NLRB)
  •      Equal Employment Opportunity Commission (EEOC)
  •      U.S. Department of Labor (USDOL)
  •      U.S. Department of Justice (USDOJ)
  •      Wage and Hour Division (WHD)
  •      Tennessee Department of Finance & Administration/Office of Inspector General
  •      Tennessee Department of Labor and Workforce Development
  •      Tennessee Human Rights Commission
  •      Other Federal and State agencies enforcing labor and employment laws

 

For Employers, we:

 

  •      Advise client on the development of employee handbooks, social media policies, class action waivers, confidentiality agreements, and other workplace policies and procedures in keeping with current changes as to Federal, state and local laws.

 

  •      Statutory compliance with Federal, state and local laws:

 

             ♦     Reductions in force/Worker Adjustment and Retraining Notification Act (WARN)        

             ♦     Wage and hour/Fair Labor Standards Act (FLSA)

             ♦     Americans with Disabilities Act (ADA)

             ♦     Age Discrimination in Employment (ADEA)

             ♦     National Labor Relations Act (NLRB)

             ♦     Family and Medical Leave Act (FMLA)

             ♦     Occupational Safety and Health Administration (OSHA)

             ♦     Affirmative Action planning

 

  •      Prepare Executive compensation, employment agreements and restrictive covenants.

 

  •      Assist clients with I-9 compliance guidance, internal audits, IRCA compliance and Social Security “mismatch” letters.

 

  •      Advise clients on I-9 employment verification procedures.

 

  •      Advise clients on the drafting and implementation of Drug and alcohol testing policies.

 

  •      Prepare Non-Competition Agreements, Trade Secrets and Unfair Competition.

 

  •      Represent clients with respect to claims brought by the government and private litigants under:

 

             –     the Fair Labor Standards Act (FLSA);

             –     the Family and Medical Leave Act (FMLA);

             –     the Age Discrimination in Employment Act (ADEA);

             –     the Americans With Disabilities Act (ADA);

             –     the Worker Adjustment and Retraining Notification Act (WARN);

             –     Reductions in force.

 

  •      Assist in preparation of AAP and Affirmative Action planning.

 

  •      Preparation of Severance and Settlement Agreements.

 

  •      Advise clients on Trade secrets and protection of confidential and proprietary information.

 

 

REPRESENTATIVE ENGAGEMENTS:

 

  •      Represented client in Tip Pool investigation by Wage and Hour Division.

 

  •      Defended service business against wage and hour collective action involving fluctuating workweek method.

 

  •      Defended physician practice group against wage and hour collective action involving comp time policy.

 

  •      Successfully resolved EEOC and THRC charges of discrimination filed against corporate clients.

 

  •      Represented corporate client in NLRB proceeding.

 

  •      Represented corporate client in negotiation of collective bargaining agreement with union representation.

 

 

RECENT PUBLICATIONS:

 

      John R. LaBar – (4/2/18) – U.S. Supreme Court Rules [Reinstates] That Car Dealership Service Advisors are Exempt From Overtime-Pay Requirements

 

     John R. LaBar – (1/26/18)HR Trends for 2018.

 

     John R. LaBar – (11/6/16) – ARE YOUR EMPLOYEES ENTITLED TO TAKE TIME OFF TO VOTE – An Employer’s Guide

 

     John R. LaBar – (8/24/16) – ARE YOUR EMPLOYEES ENTITLED TO TAKE TIME OFF TO VOTE – An Employer’s Guide.

 

     John R. LaBar – (12/15/14) – NLRB OVERRULES REGISTER-GUARD: Allows Employees’ Use of Email and Computer Systems for Union Organizing Purposes.

 

     John R. LaBar – (12/14/14) – EEOC FILES LAWSUITS ALLEGING SEX DISCRIMINATION AGAINST TRANSGENDER INDIVIDUALS.

 

     John R. LaBar – (9/24/13) – U.S. DEPARTMENT OF LABOR ISSUES FINAL RULES TO IMPROVE EMPLOYMENT OF PEOPLE WITH DISABILITIES AND VETERANS.

 

     John R. LaBar – (8/17/13) – U.S. SIXTH CIRCUIT UPHOLDS NLRB DECISION ALLOWING “MICRO UNIONS”.

 

     John R. LaBar – (3/1/13) – U.S. DEPARTMENT OF LABOR ISSUES FINAL RULE EXPANDING PROTECTIONS FOR MILITARY FAMILIES AND AIRLINE FLIGHT CREWS.

 

     John R. LaBar – (1/16/13) – U.S. DEPARTMENT OF LABOR ISSUES GUIDANCE AS TO FMLA LEAVE TO CARE FOR AN ADULT CHILD.

 

     John R. LaBar – (3/31/12) – NLRB EMPLOYEE RIGHTS POSTER: Federal Court Upholds Rule. April 30 Deadline Still Applies.

 

     John R. LaBar – (8/1/11) – NLRB ISSUES COMPLAINT AGAINST BOEING COMPANY FOR UNLAWFULLY TRANSFERRING WORK TO A NON-UNION FACILITY.

 

     John R. LaBar – (1/1/11) – NLRB ISSUES PROPOSED RULEMAKING REQUIRING EMPLOYERS TO POST NOTICE OF EMPLOYEE RIGHTS UNDER NLRA.

 

     John R. LaBar – (3/17/10) – HIRING INCENTIVES TO RESTORE EMPLOYMENT (HIRE) ACT – Tax benefits to employers.

 

     John R. LaBar – (2/1/02) – COMBATTING THE COST OF DOING BUSINESS: The Benefits of Implementing a Tennessee Drug-Free Workplace.

 

 

PRESENTATIONS:

 

  •      John R. LaBar – speaker, Highland Rim Chapter, Society for Human Resource Management, HR Trends for 2018 (January 26, 2018).

 

  •      John R. LaBar – Speaker, Highland Rim Chapter, Society for Human Resource Management, Human Resource Law Update (June 27, 2017).

 

  •      John R. LaBar – Faculty, Essentials of Employment Law (May 10, 2016), Sterling Education Services, Inc. (Chattanooga), topics: Immigration Law and Critical Issues in FLSA/Wage and Hour.

           

  •      John R. LaBar – Faculty, 13th Annual Fundamentals of Employment Law (May 12, 2015), Sterling Education Services, Inc. (Chattanooga), topics: Immigration Law and FLSA/Wage and Hour Critical Issues.

 

  •      John R. LaBar – Faculty, 12th Annual Fundamentals of Employment Law (May 13, 2014), Sterling Education Services, Inc. (Chattanooga), topics: Immigration Law (I-9 Compliance/Recent Cases).

 

  •      John R. LaBar – Faculty, 11th Annual Employment Law Beyond the Basics (Sep. 20, 2012), Sterling Education Services, Inc. (Chattanooga), topics: NLRB’s Expanding Agenda.

 

  •      John R. LaBar – Faculty, 10th Annual Fundamentals of Employment Law (Dec. 6, 2011), Sterling Education Services, Inc. (Chattanooga), topics: ADA and FMLA Updates and Interplay and Immigration Law Update.

 

  •      John R. LaBar – Faculty, 8th Annual Beyond the Basics in Employment Law (Jan. 27, 2011), Sterling Education Services, Inc. (Chattanooga), topics: FLSA/Wage and Hour Crackdown and Advanced FMLA & ADA Issues.

 

  •      John R. LaBar – Faculty, Fundamentals of Employment Law (Jan. 28, 2010), Sterling Education Services, Inc. (Chattanooga), topics: Immigration Compliance Issues for Employers.

 

  •      John R. LaBar – “Business Legal Issues & Concerns”, Presenter, Middle Tennessee Business Network (Dec. 16, 2009).

 

  •      John R. LaBar – Faculty, Employment Law Update in Tennessee (Oct. 15, 2008), Sterling Education Services, Inc. (Chattanooga); topics: Stay Out of Jail: Immigration Compliance Issues for Employers and Developments in FMLA Compliance and the Overlap of ADA, FMLA and Workers Compensation when Dealing with Absences of Ill, Injured and Disabled Employees.

 

  •      John R. LaBar and Roger J. Bean – “Workers’ Compensation Issues for Employers Seminar”, Co-Presenter, Tullahoma Area Chamber of Commerce (May 7, 2007).

 

Service:

Our firm prides itself on responding to clients quickly, listening and understanding their needs and working with them to find the best solution for their unique legal issue.

Tradition:

Henry & McCord has served Middle Tennessee area for over 65 years, making it one of the oldest and most established firms in this area. Our firm is committed to keeping the traditions of our founders alive...these include reverence for the law, respect for the client and service to the community.

Experience:

The lawyers at Henry & McCord have over 150 years of combined experience. Clients receive the benefit from our vast experience and wealth of knowledge.

Location:

Businesses, residents and those seeking to either live or work in Middle Tennessee also enjoy Henry & McCord's Convenient Location.