Burton D. Garland, Jr.

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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.

Learn more about Burton D. Garland, Jr.

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.

 

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:

 

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.

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.