Paul G. Nason

Paul Nason, Co-Chair of the Firm's Labor and Employment Practice Group and a member of the Firm's Executive Committee, has focused his entire career on employment and labor law and litigation. For more than 30 years, Paul Nason has exclusively represented employers on labor and employment matters involving litigation, compliance and business transactions.

Whether the matter requires representation in court, assistance with union matters, an internal investigation involving potential executive misconduct or navigating complex laws and regulations, employers hire Paul because of his practical guidance and creative solutions for addressing their most critical issues.

Paul’s litigation experience includes defending employers in federal and state courts against individual and class action claims of discrimination, harassment, retaliation, wrongful discharge, wage and hour violations, tort and unfair competition. Paul’s litigation experience includes representing employers before all of the key federal agencies, including the Equal Employment Opportunity Commission (EEOC), U.S. Department of Labor (DOL), National Labor Relations Board (NLRB), Occupational Safety and Health Administration (OSHA), U.S. Customs and Immigration Enforcement (ICE) and Office of Federal Contract Compliance Programs (OFCCP) as well as dozens of state workforce agencies.

Employers with union workforces frequently seek Paul’s representation on labor law matters because of his extensive experience in collective bargaining, unfair labor practice litigation, grievance arbitration, union elections and union avoidance campaigns.

Paul is also regularly hired to conduct internal investigations involving C-Suite executives and other senior managers accused of workplace misconduct, including sexual harassment, discrimination, retaliation, bullying and embezzlement. Paul has also conducted numerous wage and hour audits for employers in various industries.

Employers look to Paul as a trusted adviser to provide daily advice and counsel to human resources, legal and executive personnel on employee discipline and termination matters and compliance with state and federal employment and labor laws.

Paul has extensive experience assisting clients with the numerous issues arising from the COVID-19 pandemic, including developing return to work health and safety protocols, addressing vaccination issues and ensuring compliance with ever-changing Center for Disease Control (CDC), Occupational Health and Safety Administration (OSHA), and Equal Employment Opportunity Commission (EEOC) guidance and recommendations, as well as those of state and local governments and agencies. Paul also has extensive experience counseling clients on economic compliance issues, including paid and unpaid leave, Coronavirus Aid, Relief, and Economic Security Act (CARES Act), layoffs, pay reductions, reduced hours, furloughs, downsizings, expanded unemployment, and the application of numerous local, state and federal laws and regulations.

Employment Litigation

• Defended employers in the energy, medical, manufacturing, utility, real estate, retail and hospitality industries in federal and state court litigation and arbitrations involving single plaintiff and class-action claims of discrimination, retaliation, harassment, wrongful discharge, breach of contract and employment torts

Wage and Hour (FLSA) Experience

• Defended employers in the energy, technology, medical, manufacturing, utility, real estate, retail and hospitality industries from individual, collective or class actions claims under the Fair Labor Standards Act and similar state laws claiming overtime pay, minimum wage and pay practices violations
• Defended multiple employers in wage and hour audits by the U.S. Department of Labor and similar state agencies involving overtime pay and exemption classification issues
• Assisted employers developing proactive solutions to prevent wage and hour claims, including exemption audits and compliance guidance

Labor Management Experience

• Represented employers in the energy, medical, manufacturing, utility, real estate, retail and hospitality industries in collective-bargaining negotiations with unions
• Defended multiple employers in the energy, medical, manufacturing, utility, real estate, retail and hospitality industries before the National Labor Relations Board in unfair labor practice proceedings
• Defended multiple manufacturing and hospitality employers in labor grievance arbitrations
• Represented multiple employers in the manufacturing, utility, real estate and hospitality industries in union elections and union avoidance campaigns
• Represented multiple construction and energy employers with union and non-union workforces to operate legally compliant double-breasted operations

Investigation Experience

• Conducted multiple internal investigations of sexual harassment, discrimination, retaliation, bullying and other misconduct involving C-Suite executives, senior management and human resources officials
• Conducted multiple investigations involving expense report fraud, embezzlement and other types of malfeasance involving C-Suite and other senior executives

Trade Secret and Non-Competition Experience

• Represented energy, technology, medical, manufacturing, utility, real estate, commercial services and hospitality industry employers in the prosecution and defense of state and federal court actions involving non-competition, non-solicitation and confidentiality agreements in order to protect business interests, including proprietary and trade secret information and customers
• Represented hundreds of multi-state employers in the negotiation and preparation of employment and other agreements containing enforceable non-competition, non-solicitation and other restrictive covenants

Transactional Experience

• Represented energy, medical, manufacturing, utility, technology, real estate, retail, commercial services and hospitality employers in the labor and employment aspects of business transactions involving equity or asset sales, mergers and reorganizations
• Represented hundreds of employers and C-Suite executives in the negotiation and preparation of employment, retention, severance and related agreements

Agency Practice and Compliance

• Represented energy, utility, technology, retail, manufacturing, real estate and other employers in investigations by the DOL, EEOC, NLRB, ICE, OFCCP, OSHA and related state agencies
• Represented construction and retail employers in workplace audits and enforcement actions by the U.S. Customs and Immigration Enforcement (ICE) agency

Employment Advice & Counsel Experience

• Daily advice and counsel to legal, executive and human resources personnel on employee discipline and termination matters, medical and disability leave issues and compliance with state and federal employment and labor laws
• Representation of employers in the energy, technology, medical, manufacturing, utility, real estate, retail and hospitality industries in developing and executing lawful reductions-in-force and layoffs