Thomas P. Gies, Partner Washington, D.C.
tgies@crowell.com
Phone: 1.202.624.2690
1001 Pennsylvania Avenue NW
Washington, D.C. 20004-2595

Speeches & Presentations



Publications

  • "A WARNing About the Sequester," AEI Ideas (February 22, 2013). Author: Thomas P. Gies.
  • "Litigation Forecast 2013: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication (January 2013). Mark Klapow, Creator and Editor; Contributors.
  • "Obama Appointees with Strong Union Ties Could Push National Labor Relations Board in Wrong Direction," American Enterprise Institute for Public Policy Research (April 16, 2010). Author: Thomas P. Gies.
  • "Card Check: Changing the Rules for Collective Bargaining," American Enterprise Institute for Public Policy Research (February 2009). Author: Thomas P. Gies.
  • "Leaving Well Enough Alone: Reflections on the Current State of ERISA Remedial Law," 26 Hofstra Lab. & Emp. L.J. 449 (2009). Co-Authors: Thomas P. Gies and Jane Foster.
  • "For ADEA Purposes, A Filing Is A 'Charge'," Employment Law360 (June 2008). Co-Authors: Thomas P. Gies and Daniel M. Creekman.
  • "Ensuring Retirement Security," Los Angeles Daily Journal (December 14, 2007). Co-Authors: Thomas P. Gies and Jane Foster.
  • "The Maryland Wal-Mart Bill, Is it Preempted by ERISA?," 32 Employee Rel. L. J. 3 (2006). Author: Thomas P. Gies.
  • "Billing it to the Boss," Legal Times, Labor & Employment Special Report (May 22, 2006). Author: Thomas P. Gies.
  • "ERISA Preemption Meets the Union Corporate Campaign: The Challenge to the Maryland 'Wal-Mart Bill'," ERISA Litigation Reporter, Vol. 14, No. 2 (March-April 2006). Author: Thomas P. Gies.
  • "Arguments Over NBCWA Article I Reach Apogee," Crowell & Moring Mining Law Monitor, Vol. 20, Issue 2 (Summer 2003). Co-Authors: Thomas P. Gies and Glenn Grant.
  • "The Americans with Disabilities Act: Recent Case Law Developments," 21 Energy & Mineral Law Institute 205 (2001). Co-Authors: Thomas P. Gies and Andrew M. Bagley.
  • "Age Discrimination Act Waivers: Final EEOC Regulations Prohibit "Tender Back" Provisions And Set Forth New Requirements For Legally-Valid Waivers," Crowell & Moring Employment Law Briefing, (December 2000). Co-Authors: Thomas P. Gies and Sarah J. Zimmerman.
  • "Supreme Court Clarifies Coverage Of Federal Disabilities Law," Crowell & Moring Labor and Employment Law Update, Issue 16, (September 1999). Co-Author: Thomas P. Gies and Andrew W. Bagley.
  • "Microsoft Temps Win Another Round," Crowell & Moring Employment Law Briefing, Volume 1, Issue 7, (June 1999). Co-Author: Thomas P. Gies and Christine C. D'Alessandro.
  • "Supreme Court Narrows ERISA Preemption Protection For Insured Employee Benefit Plans," Crowell & Moring Employment Law Briefing, Volume 1, Issue 4, (May 1999). Co-Authors: Thomas P. Gies and Terence F. Flynn.
  • "Court Scuttles Employer Attempts To Avoid Affirmative Action Plan Reporting Requirements," Crowell & Moring Employment Law Briefing, Volume 1, Issue 3, (April 1999). Co-Author: Thomas P. Gies and Kimberly K. Hartwell.
  • "Court Bars Employer's Secondary Boycott Damages Action Because Of Arbitration Clause In Collective Bargaining Agreement," Crowell & Moring Employment Law Briefing, Volume 1, Issue 2, (April 1999). Author: Thomas P. Gies.
  • "'New News' From The Labor Department: Increased Enforcement Activity Presents New Compliance Challenges," Crowell & Moring Labor and Employment Law Update (January 1999). Co-Authors: Thomas P. Gies and Kris D. Meade.
  • "For Neither Love nor Money - Obtaining Effective Releases of ADEA Claims," C&M Labor and Employment Law Update, (February 1995). Author: Thomas P. Gies.
  • "Labor Law Successorship Under the Bituminous Coal Wage Agreement and the UMWA's Campaign for Job Security," 90 W. Va. L. Rev 921, (1988). Author: Thomas P. Gies.
  • "The Equal Employment Audit Handbook, Executive Enterprises," (1983). Co-Authors: Thomas P. Gies, Zachary D. Fasman and Michael Album.
  • "Employer Remedies for Work Stoppages That Violate No-Strike Provisions," 8 Emp.Rel.L.J. 178, (1982). Author: Thomas P. Gies.


Client Alerts & Newsletters



In the News

  • 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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