People: Benjamin D Briggs, Partner

Benjamin D Briggs

Partner

Atlanta
Direct: (404) 885-6713
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Mr. Briggs is a partner in the Labor & Employment and Trade Secrets, Computer Fraud and Non-Competes Practice Groups of Seyfarth Shaw LLP.  His practice focuses on employment-related litigation and compliance counseling involving federal and state statutes that govern employment discrimination, harassment and retaliation, wage and hour issues, employee leave issues and workplace safety and health.  In addition, Mr. Briggs represents and counsels clients in matters involving the protection of trade secrets and the enforcement of non-compete agreements and other restrictive covenants.

Mr. Briggs has successfully represented employers from a wide-array of industries including building and consumer products, technology, retail, automotive, distribution, utilities, insurance services, construction, media and staffing in federal and state court litigation and administrative proceedings in jurisdictions across the U.S.  He has defended employers in single and multi-plaintiff cases involving allegations of discrimination, harassment, retaliatory discharge, failure to accommodate and interference with protected rights under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993 and various other local, state and federal statutes.  In his wage and hour practice, Mr. Briggs has defended employers in single plaintiff cases, collective actions and Department of Labor wage and hour audits involving alleged violations of the Fair Labor Standards Act of 1938.  His significant workplace safety and health practice includes contesting, litigating and negotiating favorable resolutions of federal and state OSHA citations, as well as representing employers in connection with OSHA inspections and Section 11(c) retaliation cases.  Mr. Briggs has also successfully represented clients in state and federal court litigation involving alleged violations of laws protecting trade secrets, the enforcement of non-compete agreements and other restrictive covenants and related tort claims.

In addition to his representation of employers in litigation and administrative proceedings, Mr. Briggs devotes a considerable portion of his practice to advice and compliance counseling covering the full-range of labor and employment, trade secrets and restrictive covenant laws.  In this portion of his practice, Mr. Briggs’ guides employers through issues such as employee discipline and discharge, workforce reductions, furloughs, wage and hour compliance, employment policies and handbooks, employee leave issues, OSHA compliance and employment contract matters.  Mr. Briggs routinely advises clients on the protection of trade secrets and enforcement of restrictive covenants, including non-compete agreements, under the laws of states across the U.S.  When not litigating and counseling clients, Mr. Briggs is a frequent lecturer on topics relating to his practice. 

Mr. Briggs is a partner in the Labor & Employment and Trade Secrets, Computer Fraud and Non-Competes Practice Groups of Seyfarth Shaw LLP.  His practice focuses on employment-related litigation and compliance counseling involving federal and state statutes that govern employment discrimination, harassment and retaliation, wage and hour issues, employee leave issues and workplace safety and health.  In addition, Mr. Briggs represents and counsels clients in matters involving the protection of trade secrets and the enforcement of non-compete agreements and other restrictive covenants.

Mr. Briggs has successfully represented employers from a wide-array of industries including building and consumer products, technology, retail, automotive, distribution, utilities, insurance services, construction, media and staffing in federal and state court litigation and administrative proceedings in jurisdictions across the U.S.  He has defended employers in single and multi-plaintiff cases involving allegations of discrimination, harassment, retaliatory discharge, failure to accommodate and interference with protected rights under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993 and various other local, state and federal statutes.  In his wage and hour practice, Mr. Briggs has defended employers in single plaintiff cases, collective actions and Department of Labor wage and hour audits involving alleged violations of the Fair Labor Standards Act of 1938.  His significant workplace safety and health practice includes contesting, litigating and negotiating favorable resolutions of federal and state OSHA citations, as well as representing employers in connection with OSHA inspections and Section 11(c) retaliation cases.  Mr. Briggs has also successfully represented clients in state and federal court litigation involving alleged violations of laws protecting trade secrets, the enforcement of non-compete agreements and other restrictive covenants and related tort claims.

In addition to his representation of employers in litigation and administrative proceedings, Mr. Briggs devotes a considerable portion of his practice to advice and compliance counseling covering the full-range of labor and employment, trade secrets and restrictive covenant laws.  In this portion of his practice, Mr. Briggs’ guides employers through issues such as employee discipline and discharge, workforce reductions, furloughs, wage and hour compliance, employment policies and handbooks, employee leave issues, OSHA compliance and employment contract matters.  Mr. Briggs routinely advises clients on the protection of trade secrets and enforcement of restrictive covenants, including non-compete agreements, under the laws of states across the U.S.  When not litigating and counseling clients, Mr. Briggs is a frequent lecturer on topics relating to his practice. 

Education

  • J.D., Georgia State University College of Law (1999)
    with honors
    Member Law Review, Business Law Society
  • B.B.A., University of Miami (1990)

Courts

  • All Georgia State and Superior Courts
  • Georgia Court of Appeals
  • Georgia Supreme Court
  • U.S. Court of Appeals for the Third, Seventh, Eighth and Eleventh Circuits
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Northern District of Georgia

Affiliations

  • Atlanta Bar Association
  • Georgia State University College of Law Graduate Leadership Council
  • State Bar of Georgia (Labor and Employment Section)
     

Representative Engagements

  • White, et al. v. Georgia-Pacific Wood Products, LLC, et al., Case No. CV-2008-900041.00 (Circuit Court of Monroe County Alabama July 6, 2009) (obtained summary judgment in multi-plaintiff case alleging invasion of privacy and tort of outrage).
  • Fulton Paper Co. v. Joseph Parr, et al., Civil Action File No. 09-1-2269-28 (Cobb County Superior Court March 30, 2009) (successfully represented individual sales representatives in defeating Motion for Temporary Restraining Order seeking to enjoin sales representatives from soliciting former customers and competing with former employer). 
  • Secretary of Labor v. AGL Resources, OSHRC 08-1940 – Region IV (OSHRC 2009) (successfully represented gas utility in contest of citation alleging violations of trenching and shoring standards).
  • Brasfield et al. v. Source Broadband and C-COR, Inc., 2:08-cv-2092 (W.D. Tenn. 2008) (representing defendant in FLSA collective action involving approximately 500 plaintiffs).
  • Buckeye Int’l, Inc. v. Unisource Worldwide, Inc., et al., Civil Action No. 1:07-CV-02910-JTC & 1:07-cv-02578-JTC (N.D. Ga. 2008) (successfully transferred restrictive covenant and non-competition case from federal court in Missouri to Georgia, which resulted in voluntary dismissal of case by plaintiff). 
  • Harrow v. Schiller Stores, Inc. d/b/a Le Creuset Factory Outlets, 1:08-cv-14935 (E.D. Mich. 2008) (defending retailer in case alleging discriminatory discharge based on sex and age).
  • Wetter v. Oldcastle, 4:06-cv-01997 (D.S.C. 2006) (successfully represented manufacturer in case alleging FMLA retaliation and interference claims).
  • Archer v. Crawford & Co., 2:98-cv-01350 (W.D. Pa. 2005) (successfully defended risk management and insurance adjustment company in 100+ plaintiff FLSA collective action alleging misclassification and failure to pay overtime; plaintiffs voluntarily dismissed case following extensive litigation without any settlement proceeds paid to plaintiffs or their counsel).
  • Hann, et al. v. Crawford & Co., 2005 U.S. Dist. LEXIS 21233 (W.D. Pa. 2005) (prevailed in bench trial of multi-plaintiff FLSA case alleging misclassification of insurance adjusters and failure to pay overtime).
  • Bugg-Barber v. Randstad, Civ. A. No. 0-2470 (D.D.C. May 21, 2003) (obtained summary judgment in ADA case alleging disability discrimination and failure to accommodate claims).
  • Pike and Thomas v. Lucent Technologies, Inc., 1:00-cv-01406 (N.D. Ga. 2002) aff’d. 64 Fed Appx. 742 (table) (11th Cir.) (defeated collective action certification and prevailed on summary judgment in age discrimination case brought pursuant to ADEA).
  • Represented cellulose manufacturing company in investigation of retaliation case alleged under Section 11(c) of OSH Act.  Negotiated withdrawal of Complaint without payment to complaining party. 
  • Represented leading global performance chemical manufacturer in appeal of Cal-OSHA citations relating to accident that caused serious injury to employee.  Negotiated favorable settlement on behalf of employer that included withdrawal of one citation and an 89% reduction in proposed penalties. 

Publications

  • Chapter Author, “Chapter 5 - The Order on the Motion for Conditional Certification,” Wage & Hour Collective and Class Litigation, ALM Law Journal Press (2012). Definitive treatise on wage and hour litigation.
  • “Defending the Mixed-Motive Retaliation Case,” ALI ABA Practical Litigator (March, 2006)
  • Authored chapter on workplace safety for Georgia Human Resources Manual, A Guide to Georgia and Federal Employment Laws and Regulations (American Chamber of Commerce 2006)

Accolades

  • Selected as a Georgia “Rising Star” in Labor & Employment byLaw & Politics and Atlanta Magazine (2007-2009)