Clay is a dynamic and effective management advocate who works collaboratively to deliver practical solutions for his clients in all aspects of both traditional labor relations and employment matters.
Traditional Labor Relations
Clay’s traditional labor practice focuses on all aspects of traditional labor law. He regularly represents clients before the National Labor Relations Board, as well as in collective-bargaining negotiations, organizing campaigns, labor arbitrations, and labor agreement administration.
Clay has litigated a broad spectrum of single-plaintiff, multi-plaintiff, and collective/class action cases, including unusual and complex claims involving the following:
- Title VII
- 42 U.S.C § 1981 (Section 1981)
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Equal Pay Act (EPA)
- Family and Medical Leave Act (FMLA)
- Fair Credit Reporting Act (FCRA)
- Overtime and other wage violations under the Fair Labor Standards Act (FLSA)
- Various state-law claims, including non-compete agreements, wrongful termination, garnishments, and other general employment matters.
Clay also represents employers in proceedings, investigations, and audits before state and federal Occupational Safety and Health agencies. In that capacity, he advises employers in investigating and responding to workplace accidents, injuries, and fatalities.
Background Checks/Drug Testing
Clay assists clients with issues involving drugs and alcohol in the workplace, and provides advice on complying with all pertinent drug and alcohol testing laws, including:
- prepares substance abuse policies to comply with all federal drug and alcohol testing regulations (including agencies of the U.S. Department of Transportation), as well as the drug and alcohol testing laws across numerous states.
- defends employers in litigation where drug and alcohol testing is at issue, and conducts “reasonable suspicion” training for employers in connection with their substance abuse policies.
In addition, Clay regularly advises employers on a wide range of workplace issues and legal considerations, including the development of employee handbooks and policies, regulatory compliance, personnel policies, hiring, disciplining, terminating, reasonable accommodations, FMLA leave, workplace investigations, non-competition agreements, severance agreements, employee training, wage & hour issues, and other duties and liabilities of employers. He has also assisted clients in managing on-site investigations by the EEOC.
Clay has extensive experience representing employers in various industries, including:
- Banking and finance
Clay is also active in the community. Among other activities, he serves as a member of the University of Richmond Law School Alumni Board, and has served on the junior board of the Children’s Home Society of Virginia, a non-profit organization that works to provide permanent adoptive families for children of all ages, and also assist current and former adoptees, families, and many others in need.