Thomas P. Gies is a founding member of Crowell & Moring's Labor & Employment Law 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 fond memories of a summer job working the swing shift at a cardboard box factory in eastern Kansas. In any event, Tom's 30 plus years in employment law have included interesting and diverse experiences. 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). Along with a dozen other lawyers, Tom once deposed the financier Michael Milken in a federal penitentiary in northern California. He also represented a labor union accused by a rival union of tortious interference with contract.
Tom has handled labor 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 argued 18 appeals in various federal appeals courts.
Tom has extensive experience in litigating class actions, collective actions and individual claims under the Fair Labor Standards Act and various state wage/hour laws. 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. Tom leads Crowell & Moring's ongoing representation of AT&T Mobility in several wage hour collective actions, and obtained decertification of a nationwide collective action involving off-the-clock work in Zivalil v. AT&T Mobility. Tom’s wage/hour experience includes both litigation and advice regarding independent contractor-employee misclassification issues.
Tom has litigated cases involving a wide range of ERISA issues, with particular emphasis on fiduciary breach claims. Tom 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.
Clients Tom has represented in recent years include AT&T, Occidental Petroleum Corporation, First Data Corporation, Arch Coal Inc., Booz Allen & Hamilton, CSX Corporation, Westmoreland Coal Company, Du Pont, Western Union, The Wackenhut Corporation, The Donald Trump Organization, Chevron, Georgetown University, Valeo S.A., Union Pacific Corporation, the Washington, D.C. Public School System, and ExxonMobil Corporation.
Tom chaired Crowell & Moring's labor and employment practice for 20 years. Before joining the firm in 1983, Tom practiced labor law with Seyfarth Shaw, in Washington and Chicago.