Labor and Employment

Our labor and employment attorneys have represented hundreds of employees and small businesses in employment disputes, wrongful termination cases, wage and hour matters, and employment discrimination claims. 

Click here to learn more about Justin S. Gilbert or click here to learn more about Michael L. Russell, the partners in Gilbert Russell McWherter PLC’s employment practice group. 

Recent Employment Cases

Every situation is different, and Gilbert Russell McWherter PLC never guarantees a result in any case. However, the following are recent cases that our law firm has handled.

Burnett et al. v. Logan’s Roadhouse (W.D. Tenn. 2008) 

Gilbert Russell McWherter, PLC served as class counsel in an FLSA collective action against a Logan’s Roadhouse location.  The case involved over two hundred prospective class members and allegations of being worked “off the clock.”

[Confidential Client] v. [Confidential Retailer] (W.D.Tenn. 2006)

Gilbert Russell McWherter PLC obtained an $800,000.00 class-wide settlement from a major retailer in an FLSA collective action. The case involved the interpretation of the "fluctuating workweek" provision of the Fair Labor Standards Act and the Defendant's method of paying assistant managers.

Myles-Thomas et al v. T.J. Maxx (W.D. Tenn 2006)

Gilbert Russell McWherter PLCobtained a $100,000.00 class-wide settlement in an FLSA collective action. The case was brought on behalf of hourly employees at a single location who claimed they worked "off the clock."

Stewart et al. v. Advantage, Inc. (M.D. Tenn. 2006)

Gilbert Russell McWherter PLC served as class counsel in an FLSA collective action that recovered unpaid overtime for a prospective class of over 200 employees in the rental car industry. 

Green v. City of Martin, Tennessee (Weakley County Circuit Court) 

Gilbert Russell McWherter PLC represented the first female firefighter in the history of the City of Martin.  The claimant received a $70,000 settlement following her sexual harassment suit.

Castanada et al. v. Shomaker Lumber (W.D. Tenn. 2006)

Gilbert Russell McWherter PLC served as class counsel in an FLSA case that recovered unpaid overtime for a prospective class of over 70 sawmill workers.

Jones v. Gaddy (Davidson County Circuit, August 2005)

Gilbert Russell McWherter PLC along with the SimmonsCooper Firm of Illinois, represented an NFL first round draft choice in a case involving allegations of lost business and employment opportunities. 

Moorer v. Baptist Memorial Hospital, 398 F.3d 469 (6th Cir. 2005) 

In this recently published opinion, Gilbert Russell McWherter PLC obtained a verdict in excess of $1 million under the Americans with Disabilities Act (ADA) for a client accused of alcoholism.  The Sixth Circuit Court of Appeals upheld the trial verdict in an opinion establishing the proof necessary for sustaining a judgment under the "regarded as" prong of the ADA.  Additionally, in a reversal of a partial summary judgment for the employer under the FMLA, Gilbert Russell McWherter PLC established that liability under the ADA and FMLA may co-exist. 

Hopper v. US Xpress Enterprises, Inc. (E.D.Tenn 2005) 

Gilbert Russell McWherter PLC obtained an $85,000 judgment for a below-the-knee amputee who was denied a position as a truck driver.  Working with the Department of Transportation's "Limb Waiver" program, Gilbert Russell McWherter PLC showed that the plaintiff was qualified for the position, fulfilled all of the prerequisites with the DOT, and had, in fact, been driving trucks with a state-of-the art limb at the time of her application.     

Wilkerson v. Autozone, II Wage & Hour Cas.2d 224 (6th Cir. 2005) 

Gilbert Russell McWherter PLC obtained a six figure verdict for a worker earning approximately $8.00 per hour under the Family & Medical Leave Act (FMLA).  Autozone had accused the worker of falsifying a drug test following her return from a pregnancy leave.  The jury awarded Plaintiff all of her lost wages along with liquidated damages.  The District Judge further awarded the Plaintiff immediate reinstatement, her attorneys fees, and front pay for the life of any appeal. 

Sain v. City of Bolivar, Tennessee (Cir. Court of Hardeman Co. 2004) 

Gilbert Russell McWherter PLC represented a former city administrator who blew the whistle on widespread misuse of public tax dollars to afford various City officials extravagant vacations to the Florida Everglades, LaCosta Golf Resort in California, casino gambling at the Beau Rivage, and a Canadian trip.  In the widely publicized suit, Gilbert Russell McWherter PLC obtained a six figure settlement for their client under Tennessee's Public Protection Act and the Tennessee Open Meetings Act. 

Ellis v. Henderson County Sheriff's Department (United States District Court, Western District 2004) 

Gilbert Russell McWherter PLC obtained a six figure settlement for a single plaintiff in a Fair Labor Standards Act (FLSA) case involving a county government.  The defendant failed to pay the plaintiff for time spent on call, instructing plaintiff not to record his hours on the official time cards; however, the plaintiff made his own notations of the precise hours he worked, confirmed through 911 records.    

Hatler v. City of Martin, Tennessee, (Cir. Court of Weakley Co. 2004) 

Gilbert Russell McWherter PLC obtained a six figure settlement for a client terminated for protesting the City's failure to pay overtime hours under the Fair Labor Standards Act (FLSA).   

Hodge v. Henry County Medical Center, 341 F.Supp.2d 968 (W.D. Tenn.2003) 

Gilbert Russell McWherter PLC successfully represented a client suffering from Crohn's disease under the Americans with Disabilities Act (ADA). The case became one of the first in the nation to recognize that Crohn's disease may be protected under the ADA, where it affects the major life activity of "eating" under the ADA. 

These cases are representative samples. Gilbert Russell McWherter PLC has achieved hundreds of settlements, protected by confidentiality agreements, on behalf of clients wrongfully terminated, harassed on the job, or for whom benefits have been improperly withheld. Additionally, Gilbert Russell McWherter PLC recently has obtained relief for over 500 workers collectively denied overtime under the FLSA, and is currently bringing a class actions involving racial discrimination in hiring.