Ben Bodzy

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Baker Donelson Center
Suite 800
211 Commerce Street
Nashville, Tennessee 37201
T: 615.726.5640
F: 615.744.5640

Ben Bodzy represents management in labor and employment litigation. Mr. Bodzy's practice has two primary focuses: representation of management in traditional labor matters and litigation relating to the enforcement of post-employment restrictive covenants. Mr. Bodzy's traditional labor practice includes union avoidance, collective bargaining, representation campaigns, labor arbitrations and NLRB litigation. In addition to his traditional labor practice, a large part of Mr. Bodzy's practice is dedicated to litigation relating to noncompetition and nonsolicitation agreements. He also defends employers against a broad spectrum of labor and employment claims, including discrimination, retaliation, harassment, wage and hour collective actions, and Family and Medical Leave Act claims. Mr. Bodzy also actively works with business interests to promote pro-business employment law reform at the Tennessee Legislature.

Representative Matters

  • Lead counsel for employer in multiple unfair labor practice trials before NLRB. (2010 – 2014)
  • Obtained Temporary Restraining Order enjoining employee and employee's new employer from competing. (2014)
  • Obtained dismissal of NLRB unfair labor practice charges against manufacturer. (2013)
  • Obtained dismissal of NLRB unfair labor practice charges against university. (2013)
  • Obtained summary judgment for financial reporting company on disability discrimination claim. (2013)
  • Represented employers in successfully resisting union organizing efforts in telecommunications, logistics and food processing industries. (2012)
  • Obtained injunctive relief against former employees who were violating their restrictive covenants. (2012)
  • Successfully defended employees who were sued for allegedly violating their restrictive covenants. (2012)
  • Obtained dismissal during trial of FLSA claims against health care company. (2012)
  • Obtained summary judgment for manufacturer in FMLA interference and retaliation suit U.S. District Court for Middle District of Tennessee. (2011)
  • Obtained summary judgment in U.S. District Court for Western District of Tennessee for hospital on First Amendment retaliation claim brought by former employee. (2010)
  • Obtained summary judgment in U.S. District Court for Middle District of Tennessee for restaurant chain on pregnancy discrimination claim. (2009)
  • Appellate victory for pro bono client where Tennessee Court of Appeals reversed trial court's termination of parental rights. (2009)

Professional Honors & Activities

  • Listed in NashvillePost magazine's inaugural "Law Leaders Rising" list of fast-rising legal stars (2012)
  • Member – Nashville, Tennessee and American Bar Associations
  • Former Member – Harry Phillips American Inn of Court
  • Board Member and Former Board President – Fannie Battle Day Home for Children
  • Member – National Federation of Independent Business Labor Advisory Council

Publications & Speaking Engagements

  • Editor of L&E Compass blog
  • "Summary Judgment Success Rates For Employment Litigation in Tennessee Federal Courts," TBA Labor and Employment Law Section Newsletter (January 2014)
  • "Common Employment Law Mistakes," Tennessee Healthcare Association (August 2013)
  • "The Employer's Paradox: Drafting and Applying Social Media Policies to Pass NLRB Muster," Nashville Bar Journal (March 2012)
  • "NLRB in the News: Breaking Down the Headlines," Society for Human Resource Management (SHRM), Tennessee State-wide Conference (2012)

Admissions

  • Tennessee, 2004
  • United States District Court for the Middle District of Tennessee, 2005
  • United States District Court for the Western District of Tennessee, 2008
  • United States Court of Appeals for the Sixth Circuit, 2009

Education

  • Southern Methodist University, J.D., 2004
  • University of Virginia, B.A., 2000