Burton D. Garland, Jr.

Shareholder St. Louis

Mr. Garland practices all facets of labor and employment law. Mr. Garland’s labor law practice includes union avoidance counseling and campaigns, elections, objections to elections, R-Case strategy and litigation, collective bargaining, strikes and injunctions, arbitration, and unfair labor practice charges before the National Labor Relations Board.

Mr. Garland’s employment practice includes litigating employment discrimination matters under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, Fair Labor Standards Act, the Federal False Claims Act, and the various state counterparts to these federal laws. Mr. Garland has extensive experience litigating high stakes matters in the context of motions seeking temporary restraining orders and other injunctive relief matters involving restrictive covenants (non-compete, non-solicit and confidentiality agreements); misappropriation of trade secrets; retaliation; tortious interference; unfair competition; and related claims. In addition to representing clients in federal and state court and before federal and state agencies, Mr. Garland’s practice includes advising clients on employment-related matters and drafting personnel policies, employment contracts, severance agreements, and employee handbooks. Mr. Garland also has significant experience in wage and hour class action defense and in FINRA arbitrations. Mr. Garland has appeared in federal and state courts and agencies throughout the country and is permanently admitted to practice law both in Missouri and Illinois.


Experience

Traditional Labor Relations:

Mr. Garland has handled dozens of union avoidance campaigns from pre-filing counseling and advice to post-election litigation. Mr. Garland also negotiates collective bargaining agreements on behalf of both individual employers and employer associations.

  • Won a union avoidance campaign in which the Employer was caught totally off-guard by the filing of the petition. The employer gave itself virtually no chance of winning the campaign. At the conclusion of the campaign, the employees overwhelmingly rejected unionization by a 2 to 1 margin.
  • A union grieved a company’s decision to terminate a union shop steward who failed to search visitors’ vehicles at a client’s site he was guarding. The grievant in that case argued he should not have been disciplined because he claimed other security officers did not search vehicles either. After a two-day arbitration during which the union and the Company presented and cross examined witnesses and presented other evidence and post-hearing briefs, the Arbitrator sustained the Company’s decision to terminate this union shop steward.
  • Obtained dismissal by the National Labor Relations Board of four unfair labor practice charges filed by a union on behalf of several of its employees in the context of a union organizing campaign.

Litigation & Administrative Experience:

Mr. Garland has handled to conclusion hundreds of lawsuits in state and federal courts throughout the United States and in arbitration as well as charges of discrimination before various administrative agencies. Some of Mr. Garland’s recent successes include the following:

  • Mr. Garland obtained a complete defense victory in an age discrimination case filed in the Circuit Court for the City of St. Louis, Missouri in which Mr. Garland successfully got the case deferred to arbitration and in which the Defendant claimed in excess of $1,000,000 in damages.
  • After winning summary judgment in an age discrimination case before the United States District Court for the Eastern District of Missouri, the Plaintiff appealed the decision to the Eighth Circuit Court of Appeals. On appeal, in a 2-1 decision, the divided Eighth Circuit panel reversed the decision of the District Court. Mr. Garland sought and obtained a rehearing en banc before the entire Eighth Circuit Court of Appeals. After briefing the issue and presenting oral argument before the 12 Judge compliment, the Eighth Circuit affirmed the District Courts decision to grant summary judgment in a 9-3 decision.
  • Obtained summary judgment in the United States District Court for the Eastern District of Missouri on behalf of a Missouri City, the Mayor and the Police Chief in a Constitutional Claim (First Amendment) filed by a Police Sergeant. The decision was affirmed on appeal by the United States Court of Appeals for the Eighth Circuit.
  • Obtained summary judgment in a sex discrimination, hostile work environment, and retaliation case brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-1 et seq. (“Title VII”) and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. (“IHRA”).
  • Obtained a temporary and preliminary injunction against two of a Company’s former employees who stole trade secrets from their former employer. The United States District Court for the Eastern District of Missouri allowed the Company’s federal claims under the Computer Fraud and Abuse Act and the Stored Electronics Wire Communication Act to stand and dismissed all counterclaims filed by the ex-employees. This litigation ended when the two ex-employees agreed to stop operating their newly created competing business. Mr. Garland’s strategic use of computer forensics data was instrumental in obtaining this complete victory.
  • Obtained a temporary and permanent injunction against a Company’s former employee who went to work for a competitor and took her former employer’s confidential, proprietary, and trade secret information to her new employer. After one day of trial, the former employee agreed to the entry of a permanent injunction preventing the former employee from working for her new employer and requiring her to return all protected information to her former employer.
  • Successfully removed from Missouri State Court to the United States District Court a case in which the Plaintiff creatively attempted to plead around the Fair Labor Standards Act by stating only state law claims. After removal to federal court, Mr. Garland defeated class certification.
  • After completely defeating Plaintiff’s claims on summary judgment, Mr. Garland was successful in recovering more than $200,000 in attorneys’ fees from the Plaintiff and her counsel for initiating and pursuing vexatious and frivolous litigation against the Defendant corporations.
  • Mr. Garland has defended several cases brought directly by the United States Equal Employment Opportunity Commission against various corporate defendants.

Restrictive Covenants, Breach of Fiduciary Duty, Trade Secrets and Related Claims:

In addition to ongoing counseling, drafting and reviewing agreements and matters involving restrictive covenants and confidential information for companies and executives, Mr. Garland has a proven track record in high stakes litigation, including temporary restraining orders and preliminary injunctions in connection with restrictive covenants (non-compete, non-solicit and confidentiality agreements) and claims of misappropriation of trade secrets; retaliation; tortious interference; breach of fiduciary duty; and unfair competition. Mr. Garland is well-versed in the area of effectively utilizing computer forensics evidence in such litigation.

Counseling:

On a daily basis Mr. Garland represents companies on employee issues, litigation avoidance and implementing policies that are in conformance with the various federal, state and local employment statutes and laws. Mr. Garland routinely defends companies against employment-related charges and claims before administrative agencies and federal courts, including the Equal Employment Opportunity Commission, the Missouri Commission on Human Rights, the Illinois Department of Human Rights, the Illinois Human Rights Commission, the Missouri Department of Labor, the Illinois Department of Labor, and the various United States District Courts including the Eastern District of Missouri and Southern District of Illinois, and various state courts in Missouri, Illinois and elsewhere throughout the United States.

Professional Activities and Speeches

Professional Activities:

  • American Bar Association
  • The Bar Association of Metropolitan St. Louis (Labor and Employment Law Section Chair 2007-08)
  • Southern Illinois Bar Association
  • Human Resource Management Association (“HRMA”) St. Louis (Program Committee 2005 through 2014)
  • AAIM Management Association, St. Louis
  • Cape Area Personnel Association; Cape Girardeau, Missouri
  • Southeast Missouri (SEMO) SHRM
  • Missouri Chamber of Commerce
  • MS Society Corporate Achiever
  • Jewish Federation of St. Louis (Board Member)
  • Congregation Temple Israel (Board Member; Pro Bono Legal Counsel)
  • Jewish Family & Children Services (Board Member; Pro Bono Legal Counsel)
  • Pedal The Cause—Yellow Jersey Fundraiser and Century Ride Cycling Participant
  • St. Louis Missouri Gateway Bike Plan, Citizens Advisory Committee

Speeches:

  • Lorman Education Services Webinar - ''2017 Employment Law Update'' - July 19, 2017
  • NBI Webinar - ''HR Legal Nightmares: A Troubleshooting Guide'' - May 24, 2017
  • ACC - ''The ‘Trump Effect’ and the State of Labor and Employment Law and Policy for the Near Future'' - St. Louis - May 18, 2017
  • Lorman Education Services Webinar - ''Practical and Effective Strategies That Limit Absenteeism'' - May 09, 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''From Hello to Goodbye—Does Your Toolbox Measure Up?'' - San Diego - May 03, 2017
  • AAIM Roundtable - ''Right to Work'' - St. Louis - April 26, 2017
  • Lorman Education Services Webinar - ''Employment A-Z'' - January 17, 2017
  • AAIM - ''The DOL’s Modernization of The Fair Labor Standards Act'' - St. Louis - November 01, 2016
  • Society for Human Resource Management and Cape Area Personnel Association - ''Employment Law – From Basic to Advance Topics'' - Sikeston - October 25, 2016
  • Ogletree Deakins Seminar - ''Pushing the Limits: Ever-Expanding ‘Reasonable’ Accommodations Under the ADA'' - Colorado Springs - September 29, 2016
  • AAIM - ''Comfort Dogs, Nut-Free Environments, and Odorless Workplaces: The Expansion of ‘Reasonable’ Accommodations'' - St. Louis - September 22, 2016
  • AAIM - ''Relationship Status: It’s Complicated'' - St. Louis - September 22, 2016
  • Ogletree Deakins Seminar - ''’Headline News’ – The Perfect Start to Your Day'' - St. Louis - September 21, 2016
  • Ogletree Deakins Seminar - ''’Ted Talks’ Panel Discussion: Union or Nonunion – What Every Employer Must Know'' - St. Louis - September 21, 2016
  • Ogletree Deakins Seminar - ''Comfort Dogs, Nut-Free Environments, and Odorless Workplaces: The Expansion of ‘Reasonable’ Accommodations'' - St. Louis - September 21, 2016
  • Lorman Education Services Webinar - ''Practical and Effective Strategies That Limit Employee Absenteeism'' - June 01, 2016
  • Ogletree Deakins Workplace Strategies Seminar - ''Comfort Dogs, Nut-Free Environments, and Odorless Workplaces: The Expansion of ‘Reasonable’ Accommodations'' - Chicago - May 05, 2016
  • Ogletree Deakins Briefing - ''FMLA and ADA Workshop'' - St. Louis - March 28, 2016
  • Lorman Education Services Webinar - ''Practical and Effective Strategies That Limit Employee Absenteeism'' - December 03, 2015
  • AAIM - ''FLSA Update for the AAIM Research Team'' - St. Louis - October 14, 2015
  • Ogletree Deakins Seminar - ''Affordable Care Act: Reporting Duties and Nightmares'' - St. Louis - September 17, 2015
  • Ogletree Deakins Seminar - ''Knowing When To Say When – Reasonable Accommodations and Undue Hardship Under the ADA'' - St. Louis - September 17, 2015
  • Ogletree Deakins Workplace Strategies Seminar - ''Knowing When to Say When – Undue Hardships Under the ADA'' - San Antonio - May 14, 2015
  • AAIM - ''Affordable Care Act Updates'' - St. Louis - May 12, 2015
  • Society for Human Resource Management and Cape Area Personnel Association - ''Healthcare Reform Update'' - Cape Girardeau - April 22, 2015
  • Ogletree Deakins Briefing - ''The NLRB Ambushes Non-Union Employers'' - St. Louis - February 17, 2015
  • Ogletree Deakins Briefing - ''NLRB 2015: Non-Union Employers Better Be Prepared'' - St. Louis - January 22, 2015
  • Ogletree Deakins Seminar - ''FMLA & ADA Workshop'' - St. Louis - October 23, 2014
  • Human Resources Management Association (“HRMA”) - ''Top 10 Tips For Minimizing Employment Litigation And Bonus Top 10 Wage & Hour Mistakes'' - St. Louis - October 22, 2014
  • Ogletree Deakins Attorney Retreat - ''Attorneys On The Go: Mobile Applications To Increase Efficiency'' - New Orleans - October 18, 2014
  • SHRM of Southeast Missouri (“SEMO”) and Cape Area Professionals Association (“CAPA”) - ''FMLA & ADA Workshop'' - Sikeston - September 09, 2014
  • Ogletree Deakins Seminar - ''Are You Ready For Employment Law Changes in 2014 and Beyond?'' - St. Louis - September 05, 2014
  • Ogletree Deakins Seminar - ''Take a Painkiller and Call Congress in the Morning: Health Care Reform Update'' - St. Louis - September 05, 2014
  • Ogletree Deakins Workplace Strategies Seminar - ''FMLA, ADA, or Both? An Advanced Discussion of Complex Leave Issues'' - Las Vegas - May 07, 2014
  • AAIM Management Association Executive Roundtable - ''Top 10 Social Media Issues Affecting Employers'' - Belleville - February 12, 2014
  • AAIM Management Association Executive Roundtable - ''Top 10 Social Media Issues Affecting Employers'' - St. Louis - February 05, 2014
  • Ogletree Deakins Seminar - ''FMLA & ADA Workshop'' - St. Louis - November 13, 2013
  • AAIM Employment Law Certificate Series - ''Managing Discipline & Discharge: Avoiding the Pitfalls'' - St. Louis - October 29, 2013
  • Springfield SHRM - ''FMLA & ADA Workshop'' - Springfield - August 22, 2013
  • SHRM of Southeast Missouri (“SEMO”) and Cape Area Professionals Association (“CAPA”) - ''Labor & Employment Law: What To Expect In 2013'' - Sikeston - April 17, 2013
  • Ogletree Deakins Seminar - ''FMLA & ADA Workshop'' - St. Louis - February 27, 2013
  • Human Resources Management Association (“HRMA”) - ''The Affordable Care Act: Where Do We Go From Here'' - St. Louis - January 16, 2013
  • AAIM Management Association - ''The Virtual Workforce'' - St. Louis - January 2013
  • Ogletree Deakins Workplace Strategies Seminar - ''Cyber Employees: The Legal & Practical Challenges Of The Virtual Workforce'' - Phoenix - May 11, 2012
  • AAIM Employment Law Certificate Series - ''Stressed by Stress Claims'' - St. Louis - 2012
  • AAIM Management Association - ''The Virtual Workforce'' - St. Louis - October 18, 2011
  • Financial Planning Association Of Greater St. Louis - ''Healthcare Reform Looking Fore And Aft'' - St. Louis - October 06, 2011
  • AAIM Employment Law Certificate Series - ''The Employer's and Employee's Rights and Obligations Under the NLRB'' - St. Louis - 2011
  • Ogletree Deakins Seminar - ''Protecting The Attorney-Client Privilege'' - St. Louis - June 17, 2010
  • Ogletree Deakins Seminar - ''2010 Healthcare Reform Update'' - St. Louis - June 17, 2010
  • Ogletree Deakins Seminar - ''Your Day In Court: An Interactive Presentation'' - St. Louis - June 17, 2010
  • Association Of Corporate Counsel America - ''The New Attorney-Client Privilege and Representation of Corporate Representatives . . . How Litigation Will Impact These Issues in 2010 and Beyond'' - St. Louis - March 18, 2010

Published Works

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Our Insights

Media

Media Quotes

February 13, 2015 - Law360 - "Securitas Worker Wants High Court To Revive Age Bias Suit"
March 06, 2011 - St. Louis Post-Dispatch - "Health Rules Confuse Small Businesses: Owners Face Choices for Employees, Bottom Lines"

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