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Phillip B. Russell

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Workplace Safety and Health, Leaves of Absence/Reasonable Accommodation, Unfair Competition and Trade Secrets, Traditional Labor Relations, Employment Law, Litigation, Trial, COVID-19 Litigation
Construction Law, Manufacturing, Staffing/PEO, Healthcare, Trucking and Logistics

Phillip Russell is Board Certified in labor and employment law by the Florida Bar. He is a practical labor and employment lawyer who represents businesses in a wide range of labor and employment law matters, including workplace safety and health (OSHA), traditional labor relations (staying union-free), unfair competition and trade secrets litigation, employment litigation defense, and advising and counseling employers on workplace legal compliance issues.  Phillip represents clients in the construction, staffing, technology, manufacturing, banking, and other industries.  He is also a nationally recognized speaker and author on labor and employment law issues.

Phillip’s first job was bagging groceries and stocking shelves in his family’s grocery store. As a teenager, he learned the value of hard work and business. His grandfather took him to business meetings and Phillip saw first-hand the challenges of managing a business and employees. But he also saw the true value in positive employee relations. Now, Phillip represents and protects each of his clients, large or small, as if they were his family’s grocery business – with enthusiasm, dedication, and a strong belief that lawsuits, government investigations, and unions are not good for business or employees.

In 2015, Phillip celebrated his 20th year of practicing law. He is a peer-review AV-Preeminent® Rated Attorney (by Martindale-Hubbell), rated among the top 5% of lawyers by Florida Super Lawyers (Thompson Reuters), and is listed in Best Lawyers® by U.S. News and World Report. He earned his law degree from Stetson University and has B.S. Management and M.S. Economics degrees from Georgia Tech.

Phillip is a Ramblin Wreck from Georgia Tech who bleeds White and Gold! He is also an avid spear gun hunter and SCUBA diver who enjoys any time on or under the Gulf of Mexico or any place he can dive. Phillip loves living Floridays in the sunshine and saltwater where he boats, fishes, and plays. He is a CrossFit athlete who enjoys adventure and obstacle course races despite the constant nagging of middle-aged muscles and joints. Phillip is a ridiculous Parrothead who is only growing older, but not up!

Workplace Safety and Health, Leaves of Absence/Reasonable Accommodation, Unfair Competition and Trade Secrets, Traditional Labor Relations, Employment Law, Litigation, Trial, COVID-19 Litigation
Construction Law, Manufacturing, Staffing/PEO, Healthcare, Trucking and Logistics
Learn more about Phillip B. Russell

Through 20 years of practice, Phillip has developed extensive experience across a broad range of labor and employment law matters representing businesses in many industries.  He has become a trusted advisor to large and small clients that need comprehensive practical solutions to workplace legal needs.

Workplace Safety and Health (OSHA and State Agency Investigations)

Phillip has extensive experience representing construction companies and contractors and other employers in handling OSHA fatality, catastrophic, and other injury or illness investigations. Some recent cases include fatalities or catastrophic injuries involving falls, trenches, confined spaces, electrocutions, elevator shafts, heavy construction equipment rollovers, and heavy equipment failures. In most cases, OSHA or the state agency decided not to issue citations or issued citations with substantially lower penalties or citations than initially expected.

Traditional Labor Relations (Staying Union-free)

Phillip helps clients stay union-free through election campaigns, advice and counseling, and supervisor and manager training. He has helped clients win multiple hard-fought union representation campaigns and elections in the nursing home / assisted living, poultry processing, retail, and manufacturing industries.

Congressional Testimony (Oct. 12, 2011) – By special invitation, Phillip testified before the U.S. House Committee on Education and The Workforce in support of the Workforce Democracy and Fairness Act, H.R. 3094 (introduced by Rep. John Kline, R-MN), which would roll back the NLRB’s Specialty Healthcare decision (allowing micro-unions) and its proposed rule-making on election procedures (allowing quickie elections). Mr. Russell testified that the WDFA would protect employees’ rights to vote on unionization and to obtain adequate information before voting.

Litigation – Unfair Competition and Trade Secrets (Protecting Clients’ Business Investments)

Phillip helps businesses protect investments in their people, trade secrets, and confidential information through employment agreements and litigation. He has obtained multiple injunctions enforcing non-solicitation, non-disclosure, and non-compete restrictive covenants in former key employees’ employment agreements, including obtaining an injunction for a national technology company against its top competitor and a group of former sales executives and an injunction for a national staffing company against a former employee and her new employer.

Litigation – Employment Law (Defending Businesses)

Phillip has defended hundreds of lawsuits filed by former or current employees, including federal and state court lawsuits claiming discrimination, harassment, retaliation, failure to pay minimum wage or overtime compensation, and violations of the FMLA or other leave laws. He has obtained summary judgment for clients in numerous cases had several cases go to bench or jury trials.

Advice and Counseling – Employment Law (Protecting Businesses)

Phillip helps clients protect their businesses through pro-active preventive maintenance advice and counseling. To help them address workplace legal and human resources issues when they arise, he provides advice and counseling through an annual flat-rate Hotline service. Phillip strongly believes in the extensive benefits of training supervisors and managers in understanding their legal roles and responsibilities. He also reviews and revises employee handbooks, policies, and agreements. To help clients best protect their businesses, he also provides audit services to check for compliance issues with policies and practices.

Education

Admittance to Practice

Professional Activities

  • HR Florida State Council (Outside Counsel)
  • Association of Corporate Counsel (ACC) – West Central Florida Chapter
  • Society for Human Resource Management (SHRM), and numerous SHRM Chapters, including HR Tampa, Sarasota-Manatee Human Resources Association (SHRA), Big Bend Society for Human Resource Management (BBSHRM), Keys SHRM, Lake Sumter SHRM, HR Association of Broward County (HRABC), and others
  • Florida Transportation Builders Association (Labor & Employment Counsel; Safety Committee Member)
  • Independent Electrical Contractors (IEC), Florida West Coast Chapter (Outside Counsel)
  • IEC National, and numerous IEC Chapters nationwide, including the Florida West Coast, Atlanta, Georgia, and Austin chapters
  • American Bar Association (Labor & Employment and Litigation Sections)
  • Florida Bar Association (Labor & Employment Section’s Workplace Health and Safety Committee)
  • Hillsborough County Bar Association (Labor & Employment Section Co-Chair, 2008-2009)
  • Georgia Bar Association (Labor & Employment Section)
  • Early Leaning Coalition of Pinellas County, Inc., Board Member (Governor Appointed) (May 2016-present)

Speeches

Insights by Phillip B. Russell

Medical students wearing safety goggles.

OSHA’s COVID-19 National Emphasis Program and Enforcement Response Plan: 10 Q&As for Employers Who May Need to Comply

In what is likely the final predicate for issuing a COVID-19 emergency temporary standard (ETS), on March 12, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued a new National Emphasis Program (NEP) “targeting specific high-hazard industries or activities” in which there is a “hazard of contracting SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the cause of COVID-19.” The NEP also “includes an added focus to ensure that workers are protected from retaliation.” The NEP is effective immediately and will remain in force no longer than a year from March 12, 2021.

Oil pumps lined up against sunset landscape.

OSHA Issues COVID-19 Guidance for the Oil and Gas Industry

On July 7, 2020, the federal Occupational Safety and Health Administration (OSHA) issued COVID-19 control and prevention guidance for oil and gas industry workers and employers. The guidance supplements OSHA’s interim guidance for the general workforce.

Woman with megaphone against orange wall.

Tampa Bay’s New Face-Covering Requirements—We’ve Got You Covered

COVID-19 cases in Florida continue to increase, particularly in the Tampa Bay area. In an effort to slow the spread of the virus, Hillsborough, Pasco, and Pinellas counties have enacted ordinances requiring face coverings in most indoor settings where social distancing (of at least six feet between persons) cannot be maintained.

Contruction workers gathered around blueprint and laptop.

OSHA Issues Updated COVID-19 Guidance for Construction Industry Employers

On May 27, 2020, the Occupational Safety and Health Administration (OSHA) updated its guidance for employers performing construction work of all types. The agency’s guidance is not a standard or regulation, so it is not legally binding. Nonetheless, construction industry employers may want to consider OSHA’s recommendations when developing and updating their workplace safety and health plans, for two reasons. First, the guidance indicates which measures OSHA might allege are required by the Occupational Safety and Health Act’s General Duty Clause, just as it has done with heat stress, workplace violence, and other hazards for which it has no specific standard. Second, the document may indicate what employees may expect their employers to do as more people get back to work.

Hardhats hung up in line.

What Six-Foot Rule? OSHA Construction Fall Standard Forces the OSH Review Commission to State It Does Not Exist

The debate has raged for years. Is there a six-foot rule triggering fall protection requirements when an employee is within six feet of an unprotected edge? A construction fall protection standard adopted by the Occupational Safety and Health Administration (OSHA) does not expressly state there is such a six-foot rule, but many employers, industry safety experts, and even some OSHA inspectors have followed one as a rule of thumb.

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