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Burton D. Garland, Jr.

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Traditional Labor Relations, Litigation, Employment Law, Unfair Competition and Trade Secrets, Wage and Hour, Leaves of Absence/Reasonable Accommodation

Burton Garland practices all facets of labor and employment law. Burt’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.

Burt’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. Burt 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, Burt’s practice includes advising clients on employment-related matters and drafting personnel policies, employment contracts, severance agreements, and employee handbooks. He also has significant experience in wage and hour class action defense and in FINRA arbitrations. Burton has appeared in federal and state courts and agencies throughout the country and is permanently admitted to practice law both in Missouri and Illinois.

Traditional Labor Relations, Litigation, Employment Law, Unfair Competition and Trade Secrets, Wage and Hour, Leaves of Absence/Reasonable Accommodation
Learn more about Burton D. Garland, Jr.

Traditional Labor Relations:

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

Litigation & Administrative Experience:

Burt 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:

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, Burt 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. Burt is well-versed in the area of effectively utilizing computer forensics evidence in such litigation.

Counseling:

On a daily basis Burt represents companies on employee issues, litigation avoidance and implementing He 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.

Education

Admittance to Practice

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

Insights by Burton D. Garland, Jr.

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Families First Coronavirus Response Act: DOL Gets Back on the Rail

On September 11, 2020, the U.S. Department of Labor (DOL) partially ended the mystery of when and how it would respond to the August 3, 2020, decision from the United States District Court for the Southern District of New York in which the court—stating that the DOL had “jumped the rail”—struck down several provisions of the DOL’s final rule implementing the emergency family leave and paid sick leave provisions of the Families First Coronavirus Response Act (FFCRA).

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New York Federal Court Says DOL ‘Jumped the Rail’ When It Issued FFCRA Regulations

On August 3, 2020, the United States District Court for the Southern District of New York upended several employer-friendly limitations in the U.S. Department of Labor (DOL) regulations implementing the Families First Coronavirus Response Act (FFCRA). Specifically, the court struck down the DOL’s regulations regarding: (1) the requirement that employers actually have work available for employees in order to be eligible for leave; (2) the broad definition of “health care provider” under the final rule; (3) the requirement that employees obtain employer approval for intermittent leave; and (4) the requirement that employees provide documentation prior to taking FFCRA leave.

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COVID-19 Orders Upon Orders—What Does It All Mean for St. Louis County Businesses?

Since March 2020, St. Louis County Executive Dr. Sam Page, and the county’s acting director of the Department of Public Health (DPH), Dr. Emily Doucette, have issued more than 20 orders and “safe operating guidelines” regarding COVID-19. On July 29, 2020, with an effective date of July 31, 2020, the DPH issued its third amended public health order setting forth its current “Business and Individual Guidelines for Social Distancing and Re-Opening.” In some respects, this third amended order is a significant step backwards toward stricter requirements compared with the county’s original reopening guidelines.

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Missouri Governor Greitens Signs Bill Amending MHRA, Bringing State Law More Into Line With Federal Law

On June 30, 2017, Governor Greitens signed a bill which makes sweeping reforms to the Missouri Human Rights Act (MHRA). The MHRA is the state of Missouri’s primary anti-discrimination statute. The MHRA codifies for the state many of the federal anti-discrimination provisions found in the Americans with Disabilities Act, Age Discrimination in Employment Act, and Title VII of the Civil Rights Act of 1964.

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