Thomas P. Gies, Partner Washington, D.C.
tgies@crowell.com
Phone: +1 202.624.2690
1001 Pennsylvania Avenue NW
Washington, D.C. 20004-2595

Thomas P. Gies is a founding member of Crowell & Moring's Labor & Employment Group.

Tom has been interested in workplace issues for many years. This may be the result of reading Upton Sinclair's The Jungle at an impressionable age, or having a summer job working the swing shift at a cardboard box factory in eastern Kansas. Tom's 30 plus years of experience in labor and employment law reflects the growth and diversity of issues facing compliance-focused employers. 

Tom has twice argued cases in the Supreme Court of the United States. The first involved a labor dispute growing out of the Russian invasion of Afghanistan (Jacksonville Bulk Terminals v. ILA, 457 U.S. 702 (1982); Allied Int'l v. ILA, 456 U.S. 212 (1982)). The second concerned the scope of ERISA's civil enforcement provisions. LaRue v. DeWolff, Boberg & Associates, 128 S. Ct. 1020 (2008).

Tom has handled labor union disputes at coal mines in Kentucky, chemical plants in Buffalo, textile mills in North Carolina, and at call centers in suburban Chicago and St. Louis. He has litigated employment law cases in courts throughout the country, including trying four cases to verdict. Tom has also argued 18 appeals in various federal appeals courts.

Tom has extensive experience in wage hour litigation. In October 2011, Tom led a trial team that obtained a defense verdict in an FLSA misclassification collective action case in federal court in Dallas, TX. Tom also led a team of C&M lawyers that obtained decertification of a nationwide collective action involving off-the-clock work in Zivalil v. AT&T Mobility

Tom has litigated cases involving a wide range of ERISA issues, with particular emphasis on fiduciary breach claims. He has experience in counseling and litigating disputes arising under employment agreements, including trade secret theft, and non-compete issues. 

Tom is an adjunct scholar with the American Enterprise Institute for Public Policy Research. He is also a member of the U.S. Chamber of Commerce Labor Relations Committee.

Tom chaired Crowell & Moring's Labor and Employment Group for 20 years. Before joining the firm in 1983, Tom practiced labor law with Seyfarth Shaw in Washington and Chicago.



Affiliations

Admitted to practice: District of Columbia, Florida, the Supreme Court of the United States



Speeches & Presentations



Publications



Client Alerts & Newsletters



In the News

  • DOL Wins Rule-Making Battle, But Deference Rift Lingers
    March 9, 2015 — Law360

    Washington, D.C.-based partner and member of the firm’s Labor & Employment Group, Tom P. Gies, comments on a U.S. Supreme Court decision that states the Department of Labor and other agencies don't need notice-and-comment rule-making to change interpretive regulations. The decision underscores a split among the justices on precedent requiring judicial deference to agencies' interpretations of their own rules.


  • 10 Tricky Questions To Test Your Employment Law
    February 9, 2015 — Law360

    Washington, D.C.-based Labor & Employment Group partner, Thomas P. Gies, is quoted in a Law360 article which touches on the diverse areas of employment law. When asked about whether or not the nation can have a “zero tolerance” policy for employee marijuana use, Gies explains, “It’s a real dilemma, and I’m getting a lot of questions about that.” Simply put, the fact that marijuana remains illegal at the federal level generally puts the law on the employer’s side.


  • Labor & Employment Legislation, Regulation to Watch in 2015
    January 2, 2015 — Law360

    Thomas P. Gies, a Labor & Employment Group partner based in Crowell & Moring's Washington, D.C. office, talks to Law360 about the year's upcoming notable labor and employment legislation. In particular, Gies discusses the Department of Labor's efforts to revamp overtime standards under the Fair Labor Standards Act. "It would certainly generate another flood of lawsuits, and I think it's a big deal," Gies said of the overtime rule-making push.


  • Fed Courts, DOJ Prepare for Big Cuts: Looming Sequestration Could Force Layoffs and Furloughs
    February 25, 2013 — National Law Journal

    Thomas P. Gies, partner in the firm's Labor & Employment Group, discusses sequestration, its impact on government contractors, and whether government contractors need to notify employees of the possibility of layoffs from the sequestration under federal law.


  • Northrop Settles With Trax In Army Subcontract Row
    March 6, 2012 — Government Contracts Law360, Quoted

  • How They Won It: Crowell Beats FLSA Suit At Trial
    November 17, 2011 — Law360

    Washington, D.C.-based Labor & Employment Group partner, Thomas P. Gies, is featured in Law360’s “How They Won It” column for his victory in an employee misclassification suit on behalf of firm client DeWolff Boberg & Associates (DB&A). Crowell & Moring counsel Christopher Calsyn and firm associate Arash Jahanian were also on the winning team that defended DB&A against a collective action in Texas federal court, which returned a favorable jury verdict in less than an hour of deliberation.

    According to Gies, “Very, very early on the client determined that this was the place to fight the fight. The settlement demand was unrealistic, and their business model depends on these folks being classified as salaried exempt employees, so they needed to be vindicated. The case was filed in May 2010, and I told everybody on my team within the first month that we were either going to win on summary judgment or go to trial.”

  • Crowell & Moring L&E Partner Thomas P. Gies Featured in POLITICO'S Debate: The Employee Free Choice Act
    March 31, 2009 — www.Politico.com

    Crowell & Moring LLP Labor & Employment Group partner Thomas P. Gies is featured on www.Politico.com as a panelist in the outlet's online "POLITICO Debate: The Employee Free Choice Act - Rebuttals." In his Rebuttal to pro-Card Check voices, he states: "One thing comes through loud and clear in reading the essays submitted by proponents of the bill. The case for card check has been revealed as an unapologetic plea for income redistribution."

    Click to read the full POLITICO Debate: The Employee Free Choice Act-Rebuttals.

  • Card Check Compromise?: The Employee Free Choice Act has Labor and Business on the Mat. There May be Ways Out.
    March 16, 2009 — Forbes

    Crowell & Moring Labor & Employment Group partner Thomas P. Gies is featured in Forbes for his comments on the Employee Free Choice Act (EFCA) and his American Enterprise Institute for Public Policy Research white paper on the EFCA titled, "Card Check: Changing the Rules for Collective Bargaining." Gies has also been quoted on this issue in Employment Law360.

  • Crowell & Moring LLP Argues Before U.S. Supreme Court in LaRue v. DeWolff
    November 27, 2007 — Employment Law360

    Thomas P. Gies, partner in Crowell & Moring LLP's Labor & Employment Group, made Monday's argument in the Supreme Court on behalf of C&M client DeWolff, Boberg & Associates. LaRue v. DeWolff, Boberg & Associates Inc. et al. involves the scope of remedies available to 401k plan participants under ERISA, in a case where a former employee and plan participant claims lost profits in his 401k plan account as a result of an alleged failure to follow his instructions to change his mutual fund investment allocations in the plan. The case is featured in several media outlets including New York Times, Wall Street Journal, Associated Press, Bloomberg News, Employment Law360, BNA's Daily Labor Report, etc... The Court's decision is expected by the end of June, 2008. 

    LaRue v. DeWolff Documents
    Respondents' Brief on the Merits [PDF]
    Fourth Circuit Opinion [PDF] 
    Fourth Circuit Order denying Appellant's Petition for Rehearing and Rehearing en banc [PDF]

  • Crowell & Moring's Thomas Gies Quoted in Business Insurance Regarding Employment Law
    May 26, 2005 — Business Insurance

    Thomas P. Gies was quoted regarding the use of claims release forms, documents given by employers to terminated employees in return for severance pay. Gies, who is a Washington, DC-based partner in Crowell & Moring's Bankruptcy, Class Actions, Employee Benefits, Health Care, and Labor & Employment Groups, addressed whether to include "covenant not to sue'' language in release forms.



Firm News & Announcements

Feb.14.2013 Crowell & Moring's Thomas P. Gies Testifies Before the U.S. House of Representatives Committee on Education and the Workforce
Jan.29.2013 Crowell & Moring Releases Report, "Litigation Forecast 2013"
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