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.