Andrew W. Bagley is a senior counsel with more than 25 years’ experience in employment litigation and counseling. He advises and defends management on matters of wage and hour, discrimination, retaliation, harassment, and executive agreements, as well as the defense and enforcement of restrictive covenants.
Andrew regularly advises management and HR professionals on various workplace issues, including the following:
- The drafting of non-competition and non-solicitation agreements, and the hiring of candidates who are subject to such agreements.
- Executive employment agreements and compensation.
- Employee wage-hour classifications and related overtime obligations.
- Timekeeping practices, including the updating of time recording systems.
- Internal investigations and employee terminations.
- Employee leave issues under the FMLA and ADA.
Andrew also has extensive experience litigating discrimination, non-competition, and wage and hour claims in courts around the country. Some of his recent cases include the following:
- A series of victories on summary judgment in individual discrimination cases brought against a broadcasting company.
- Enforcement and defense of non-competition agreements in courts around the country, securing injunctive relief under contracts and the Defend Trade Secrets Act for clients in the high-tech and defense industries.
- Successful defense of wage and hour class and collective actions, including nationwide and statewide actions against companies in the health care and hospitality industries.
Andrew has represented employers in a wide variety of industries, including retail, media, hospitality, pharmaceuticals, transportation, health care, manufacturing, and government contracting. Having grown up in Brussels, Belgium, Andrew speaks fluent French and regularly represents Belgian and French companies in the United States.
Andrew received his undergraduate degree, magna cum laude, from Duke University in 1986 and his law degree in 1994 from the University of Maryland, where he was a member of the Law Review. Before attending law school, Andrew was a sales manager with Procter & Gamble.
Insights
Speeches & Presentations
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"Cutbacks and Layoffs: An Overview of Employment and Benefits Issues During Economic Downturns," Crowell & Moring Webinar, 2023.
(February 14, 2023).
Speakers: Andrew Bagley, Anthony Provenzano, Ira Saxe, Euric Su, Kristy Wrigley-Durer, and Hillary Webb.
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"Webinar Series: Non-Competes, Restrictive Covenants, and Trade Secrets Issues for Government Contractors," Crowell & Moring Webinar
(April 14, 2020).
Presenters: Andrew W. Bagley, Christine B. Hawes, Jillian Ambrose, and M. Yuan Zhou.
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"Third Thursday--C&M’s October Labor & Employment Update: The Changing Game of Worker Classification," Crowell & Moring Webinar
(October 24, 2019).
Presenters: Thomas P. Gies, Andrew Bagley, Glenn D. Grant, and Christine B. Hawes.
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"Third Thursday--C&M’s February Labor & Employment Update: New Year, New Look at the Enforceability of Employee No-Solicitation Agreements -- State Law Developments," Crowell & Moring Webinar
(February 28, 2019).
Presenters: Thomas P. Gies, Suzanne E. Rode, Andrew W. Bagley, and Christine B. Hawes.
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"Third Thursday--C&M’s January Labor & Employment Update: Employee Pay - Wage and Hour Law - What to Expect in 2019," Crowell & Moring Webinar
(January 24, 2019).
Presenters: Thomas P. Gies, Andrew W. Bagley, and Christine B. Hawes.
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"Third Thursday--C&M's June Labor & Employment Update: Employee Mobility: Protecting the Company when Employees Leave," Crowell & Moring Webinar
(June 15, 2017).
Presenters: Thomas P. Gies, Andrew W. Bagley, Anne Elise Herold Li, and Christine B. Hawes.
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"Third Thursday--C&M's May Labor & Employment Update: Federal Wage and Hour Law: Developments under the New Administration," Crowell & Moring Webinar
(May 17, 2017).
Presenters: Thomas P. Gies, Andrew W. Bagley, and Christine B. Hawes.
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"Third Thursday--C&M's January Arbitration of Employee and Consumer Disputes in: Enforcement and Compliance Issues in 2016," Webinar
(January 21, 2016).
Presenters: Thomas P. Gies, Christine B. Hawes, Andrew W. Bagley, and Trina Fairley Barlow.
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"Third Thursday--C&M's July Labor & Employment Update: Department of Labor's Proposed Regulations Concerning Overtime Eligibility," Webinar
(July 8, 2015).
Presenters: Thomas P. Gies, Andrew W. Bagley, and Christopher Calsyn.
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"Third Thursday--C&M's November Labor & Employment Update: What Employers Should Know About the EEOC’s Latest Enforcement Activity," Webinar
(November 20, 2014).
Presenters: Andrew W. Bagley, Trina Fairley Barlow, Thomas P. Gies, and Glenn D. Grant.
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"Third Thursday--C&M's March Labor & Employment Update: Compensable Work," Webinar
(March 20, 2014).
Presenters: Andrew W. Bagley, Christopher Calsyn, and Thomas P. Gies.
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"Third Thursday--C&M's November Labor & Employment Update: Mandatory Arbitration," Webinar
(November 21, 2013).
Presenters: Andrew W. Bagley, Trina Fairley Barlow, and Thomas P. Gies.
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"Third Thursday--C&M's February Labor & Employment Update: Employee Misclassification and Remote Access Policies," Webinar
(February 21, 2013).
Presenters: Thomas P. Gies, Trina Fairley Barlow, Andrew W. Bagley, and Christopher Calsyn.
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"Third Thursday--C&M's June Labor & Employment Update: Christopher v. SmithKlineBeecham, Off the Clock Work, and Litigation Best Practices," Webinar
(June 21, 2012).
Presenters: Thomas P. Gies, Andrew W. Bagley, and Christopher Calsyn.
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"Third Thursday--C&M's May Labor & Employment Update: Life After Brinker," Webinar
(May 24, 2012).
Presenters: Thomas P. Gies, Mark A. Romeo, S. Shane Sagheb, and Andrew W. Bagley.
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"Best Practices in Employment Law: Employee Compensation and Classification," DC Bar Community Economic Development Project
(April 12, 2011).
Presenters: Andrew Bagley and Christopher Calsyn.
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"Remedies for Your Sleepless Nights: Practical Solutions to Today’s Complex Labor & Employment Issues," Crowell & Moring Webinar
(March 16, 2011).
Presenters: Christopher Calsyn, Rebecca Springer, Andrew Bagley, Glenn Grant, Jonathan Moskowitz, Joel Wood, Jane Foster, Arash Jahanian, and Trina McAlister.
Publications
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"U.S. Department Of Labor Issues Proposed Rule On Independent Contractors," Employee Benefit Plan Review
(January 23, 2023).
Authors: Andrew W. Bagley, Thomas P. Gies, Sadina Montani, Jessica S. Nam, and Christopher J. Banks.
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"Government Contractor Argues the Insider Threat," Crowell & Moring's Trade Secrets Trends
(September 21, 2016).
Authors: Andrew W. Bagley and Kate M. Growley.
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"Labor Department Revises FLSA Overtime Eligibility Regulations: Implications for Employer Compliance Programs," Bloomberg BNA Daily Labor Report, No. 108
(June 6, 2016).
Authors: Thomas P. Gies and Andrew W. Bagley.
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"ProLogic Drops $25M Trade Secrets Lawsuit Against Clients of Crowell & Moring," Crowell & Moring's Trade Secrets Trends
(June 10, 2015).
Authors: John E. McCarthy Jr., Andrew W. Bagley, and Christine Hawes.
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"EEOC v. Waffle House: The EEOC's Enforcement Powers Trump Employers' Mandatory Arbitration Agreements," Crowell & Moring Employment Law Briefing, Issue 19
(January 2002).
Co-Authors: Andrew W. Bagley and Glenn D. Grant.
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"Circuit City Stores V. Adams: The Supreme Court Strikes A Blow In Favor Of Resolving Employment Disputes Through Mandatory Arbitration," Employment Law Briefing, Volume 1, Issue 17,
(March 2001).
Co-Authors: Andrew W. Bagley and Thomas P. Gies.
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"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.
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"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.
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"Labor Law Roundup: Disabilities Act, Punitive Damages Highlight Supreme Court Term," Crowell & Moring Mining Law Monitor,
(July 1999).
Co-Authors: Kris D. Meade, Terry Flynn and Andrew Bagley.
Client Alerts & Newsletters
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"U.S. Department of Labor Issues Proposed Rule On Independent Contractors,"
Labor & Employment Law Alert - US
(October 20, 2022).
Contacts: Thomas P. Gies, Eric Su, Sadina Montani, Christopher J. Banks, Andrew W. Bagley, Jessica S. Nam
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"Southwest Airlines Co. v. Saxone: Airline Cargo Loaders Exempt from Arbitration,"
Labor & Employment Law Alert - US
(June 9, 2022).
Contacts: Thomas P. Gies, Eric Su, Ira M. Saxe, Andrew W. Bagley, Jessica S. Nam
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"Morgan vs Sundance: Enforceability of Arbitration Provisions,"
Labor & Employment Law Alert - US
(June 3, 2022).
Contacts: Thomas P. Gies, Eric Su, Ira M. Saxe, Andrew W. Bagley, Cori Schreider
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"The U.S. Department of Labor Repeals Trump-Era Independent Contractor Rule,"
Administrative Law Alert
(May 10, 2021).
Contacts: Thomas P. Gies, Ira M. Saxe, Eric Su, Andrew W. Bagley, Suzanne E. Rode
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"The U.S. Department of Labor's Independent Contractor Rule Postponed as the New Administration Reconsiders,"
Administrative Law Alert
(March 9, 2021).
Contacts: Thomas P. Gies, Eric Su, Ira M. Saxe, Andrew W. Bagley, Kimberley Johnson
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"Uber and Postmates Fail to Stop Enforcement of AB 5, New California Contractor Law,"
Labor & Employment Law Alert - US
(February 11, 2020).
Contacts: Thomas P. Gies, Andrew W. Bagley, Suzanne E. Rode, Kimberley Johnson
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"The Month in Wage & Hour – January 2020,"
Labor & Employment Law Alert - US
(January 22, 2020).
Contacts: Thomas P. Gies, Eric Su, Ira M. Saxe, Andrew W. Bagley, Jillian Ambrose
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"DOL Releases its "Joint Employer" Final Rule,"
Labor & Employment Law Alert - US
(January 15, 2020).
Contacts: Thomas P. Gies, Ira M. Saxe, Andrew W. Bagley, Suzanne E. Rode
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"The Month in Wage & Hour – December 2019,"
Labor & Employment Law Alert - US
(December 19, 2019).
Contacts: Thomas P. Gies, Ira M. Saxe, Andrew W. Bagley, Kimberley Johnson, Jillian Ambrose
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"The Month in Wage & Hour – November 2019,"
Labor & Employment Law Alert - US
(November 22, 2019).
Contacts: Thomas P. Gies, Eric Su, Ira M. Saxe, Andrew W. Bagley, Jillian Ambrose, Kimberley Johnson
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"Proposed DOL Regulations Would Increase Salary Threshold for Exempt Employees,"
Labor & Employment Law Alert - US
(March 8, 2019).
Contacts: Thomas P. Gies, Trina Fairley Barlow, Andrew W. Bagley, Christine B. Hawes
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"California Supreme Court Decision Adopts New Independent Contractor Test,"
Labor & Employment Law Alert - US
(May 22, 2018).
Contacts: Thomas P. Gies, Andrew W. Bagley, Jillian Ambrose
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"DOL Issues Final Overtime Regulations,"
Labor & Employment Law Alert - US
(May 18, 2016).
Contacts: Thomas P. Gies, Andrew W. Bagley
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"FLSA Regulations Move Forward and Will Arrive Soon,"
Labor & Employment Law Alert - US
(March 22, 2016).
Contacts: Thomas P. Gies, Andrew W. Bagley, Trina Fairley Barlow, Ira M. Saxe
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"‘Most Workers Are Employees Under the FLSA’: DOL Issues Guidance on Classifying Workers,"
Labor & Employment Law Alert - US
(July 31, 2015).
Contacts: Thomas P. Gies, Andrew W. Bagley
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"Proposed FLSA Regulations More Than Double Salary Threshold for Exempt Employees,"
Labor & Employment Law Alert - US
(June 30, 2015).
Contacts: Thomas P. Gies, Andrew W. Bagley
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"New DOL Overtime Regulations Move Forward,"
Labor & Employment Law Alert - US
(May 6, 2015).
Contacts: Thomas P. Gies, Andrew W. Bagley, Ira M. Saxe
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"Supreme Court Says DOL May Change Regulatory Interpretations without Undertaking Rulemaking,"
Labor & Employment Law Alert - US
(March 17, 2015).
Contacts: Thomas P. Gies, Andrew W. Bagley
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"Supreme Court Rejects Worker Pay for Security Screenings,"
Labor & Employment Law Alert - US
(December 11, 2014).
Contacts: Thomas P. Gies, Andrew W. Bagley
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"Obama Administration Moves to Increase the Reach of Federal Overtime Laws,"
Labor & Employment Law Alert - US
(March 17, 2014).
Contacts: Thomas P. Gies, Andrew W. Bagley, Ira M. Saxe
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"Fifth Circuit Overturns NLRB's D.R. Horton Decision,"
Labor & Employment Law Alert - US
(December 6, 2013).
Contacts: Thomas P. Gies, Andrew W. Bagley
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"Supreme Court OK's Arbitrator's Decision Ordering Class Arbitration,"
Labor & Employment Law Alert - US
(June 12, 2013).
Contacts: Thomas P. Gies, Andrew W. Bagley
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"Supreme Court Holds that FLSA Collective Action Must be Dismissed Because Named Plaintiff’s Claims Became Moot After Her Rejection of Offer of Judgment,"
Labor & Employment Law Alert - US
(April 26, 2013).
Contacts: Thomas P. Gies, Andrew W. Bagley
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"Lead Plaintiff's Failure to Report Alleged Unpaid Work Time Under The Employer's Reporting Policies Dooms FLSA Collective Action,"
Labor & Employment Law Alert - US
(November 20, 2012).
Contacts: Kris D. Meade, Thomas P. Gies, Andrew W. Bagley, Ira M. Saxe
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"California Appellate Court Approves (Finally) of Neutral Time Rounding,"
Labor & Employment Law Alert - US
(November 7, 2012).
Contacts: Thomas P. Gies, Andrew W. Bagley, Ira M. Saxe
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"DOL Issues WARN Act Guidance to Federal Contractors in Light of Sequestration,"
Labor & Employment Law Alert - US
(August 1, 2012).
Contacts: Kris D. Meade, Andrew W. Bagley
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"California High Court Rejects Fee Request For Rest Break Claims,"
Labor & Employment Law Alert - US
(May 2, 2012).
Contacts: Kris D. Meade, Thomas P. Gies, Andrew W. Bagley, Ira M. Saxe
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"Brinker – Was It Worth The Wait For Employers?,"
Labor & Employment Law Alert - US
(April 17, 2012).
Contacts: Thomas P. Gies, Andrew W. Bagley
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"Davis-Bacon Act Reinstated,"
Government Contracts Bullet Points
(October 31, 2005).
Contacts: Kris D. Meade, Andrew W. Bagley
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"DOL Issues Final Regulations on FLSA Exemptions,"
Labor & Employment Law Alert - US
(August 23, 2004).
Contacts: Thomas P. Gies, Glenn D. Grant, Andrew W. Bagley
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"Circuit City Stores V. Adams: The Supreme Court Strikes A Blow In Favor Of Resolving Employment Disputes Through Mandatory Arbitration,"
Labor & Employment Law Alert - US
(March 1, 2001).
Contacts: Andrew W. Bagley, Thomas P. Gies
Press Coverage
Firm News & Announcements