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Matthew D. Davison

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Matthew Davison has extensive experience helping both large and small employers avoid liability under Title VII, ADA, ADEA, FLSA, FMLA and all other employment laws, as well as a focused area of practice representing government contractors with regard to all aspects of OFCCP compliance.

Professional Biography

Overview

Matt Davison has been partnering with businesses for more than 20 years to provide discerning yet practical advice and representation related to all aspects of the employer/employee relationship.

Having served as in-house counsel for human resources at an NYSE traded company, his experience specifically includes, but is not limited to, issues involving employee hiring, employment agreements, restrictive covenants such as non-compete and non-solicit agreements, employee handbook and policy development, wage and hour issues under the FLSA and/or state law, employee training, employee leave issues under the ADA, FMLA, and/or state law, harassment and other discrimination under Title VII, the ADA, ADEA, and other federal and state laws, whistleblower issues, employee discipline, terminations, reductions in force, and mergers and acquisitions.

Mr. Davison's added value extends beyond theoretical application of the law to actually working with clients to develop innovative business solutions to accomplish a responsible and legally compliant workplace. While focusing on proactive problem solving and litigation avoidance, Mr. Davison also provides frontline representation in the event of an employee complaint, government investigation or audit, and/or litigation. This includes regularly conducting supervisor and employee training, conducting or providing advice related to internal investigations, representing employers before government agencies such as the DOL and EEOC, and representing employers in litigation before federal and state courts.       

Additionally, a substantial portion of Mr. Davison's practice is devoted to assisting covered employers in meeting affirmative action compliance obligations under Executive Order 11246, Section 503 of the Rehab Act, and VEVRAA, including preparation and review of written Affirmative Action Programs and employer representation through all stages of an Office of Federal Contract Compliance Programs (OFCCP) compliance review, including desk audits and onsite investigations.

Representative Matters
  • Won jury trial in discrimination, harassment, and retaliation case brought against fast food franchisee under Title VII and the Tennessee Human Rights Act where former employee claimed that termination was based on complaints of harassment.

  • Won jury trial in case brought under FMLA and ADA against manufacturing employer where former employee claimed that no reasonable accommodation was made and required leave was not provided for an alleged disability.

  • Obtained Summary Judgment on behalf of a very large HMO in a suit seeking $10 million in damages brought by one of its network physician providers based on immunity provided by the Tennessee Peer Review Law (TPRL) and the Health Care Quality Improvement Act (HCQIA).

  • Won summary judgment in numerous employment discrimination cases brought under Title VII of the Civil Rights Act of 1964.

  • Won appeal of summary judgement on behalf of very large HMO at Sixth Circuit Court of Appeals.

  • Drafted and/or revised hundreds of employee handbooks and policies.

  • Drafted and/or revised more than 100 employment agreements and restrictive covenants.

  • Drafted and/or revised more than 100 written affirmative action programs for government contractors and subcontractors.

  • Successfully represented government contractors and subcontractors in more than two dozen OFCCP compliance reviews.

  • Provided employee and/or supervisor training for dozens of employers.

Professional Honors & Activities
  • Named to The Business Journal of Tri-Cities TN/VA's Top 40 Under 40 (2008)
  • Member – American, Tennessee, Virginia and North Carolina State Bar Associations and Washington County Bar Association 
  • Allied Attorney – Alliance Defense Fund
Speaking Engagements
  • "HR Checkup: Best Practices for Recruiting, Retaining, and Correctly Paying Your Workforce" (March 2019)
  • "Independent Contractors or Employees?" (March 2019)
  • "There's a New OFCCP in Town" (March 2019)
  • "English-Only Speaking Rules in the Workplace: When Are They Allowed and What Are Their Limits" (August 2018)
  • "Federal Contractor Compliance for 2018: Tips, Tools, and Legal Rules" (April 2018)
  • "The Fair Labor Standards Act: Past, Present & Future" (April 2018)
  • "22nd Annual Urgent Issues for Modern Employers Labor & Employment Law Seminar" (April 2018)
  • "Top Ten Mistakes Your Business May Be Making when Handling Workers' Compensation Claims" (October 2017)
  • "Sexual Harassment and Internal Investigation Best Practices: Lessons from the Fox News Scandals" (September 2017)
  • "12th Annual Virginia Labor and Employment Law Seminar" (September 2017)
  • "Ten Ways Your Business May be Breaking Employment Laws" (August 2017)
  • "The Inside Scoop: The HR Professional's Ultimate Checklist for Reducing Legal Risks" (May 2017)
  • "Drugs and Alcohol in the Workplace" (April 2017)
  • "Employee Investigation Scenarios and Solutions" (March 2017)
  • "Open Mouth Insert Foot: Court Decisions Show Supervisors' Comments Increase FMLA Legal Risks" (March 2017)
  • "2017 in Employment Law: Stars Aligning or Through the Looking Glass?" (February 2017)
  • "Alice Through the Looking Glass: An HR Professional's Guide Through the Litigation Process (Elizabethton)" (October 2016)
  • "OFCCP Update: What's Hot, and What's Even Hotter! (Nashville)" (October 2016)
  • "Alice Through the Looking Glass: An HR Professional's Guide Through the Litigation Process" (September 2016)
  • "Transgender Individuals in the Workplace" (September 2016)
  • "Overtime Overhaul: The Final Regulations are Finally Here" (August 2016)
  • "Using Patience and Other Virtues to Avoid Retaliation Claims" (March 2016)
  • "The DOL's Proposed Salary Regulations: How to Plan for and Live with Them" (March 2016)
  • "A Hard Working Department of Labor: The Proposed FLSA White Collar Regulations & Memorandum on Independent Contractors" (September 2015)
  • "Emerging Issues in Title VII (LGBT, Implicit Bias and Religion)" (September 2015)
  • "Strategic Thinking in Every Situation: A Case Study" (March 2015)
  • "What to Expect when Your Employee is Expecting: Avoiding Pregnancy Discrimination in the Workplace" (March 2015)
  • "Urgent Issues for Modern Employers" (March 2015)
  • "Baby Bump Blunders! Avoiding Pregnancy Discrimination in the Workplace" (September 2014)
  • "Performance Evaluations: Gold or Dynamite" (September 2014)
  • "OFCCP's New Regulations Under VEVRAA and the Rehabilitation Act," webinar (July 2014)
  • "Human Resource Audits: An Ounce of Prevention" (April 2014)
  • "Affirmative Action: More Than Just 'Lip Service'" (April 2014)
  • "Wage and Hour Issues: It's Not Always Black and White" (March 2014)
  • "Religion and the Workplace: Competing Views = Competing Rights" (March 2014)
  • "Building a 'Dynasty' Through Effective Employee Relations & Management" (September 2013)
  • "Keeping Temperatures Down when Terminations Arise" (September 2013)
  • "FLSA Collective Actions – Should We Be Worried?" (February 2013)
  • "Building a 'Dynasty' Through Effective Employee Relations & Management" (February 2013)
  • "ObamaCare: What Are the Practical Effects for My Workforce?" (February 2013)
  • "Bulletproof Documentation" (September 2012)
  • "Fair Labor Standards Act (FLSA) – Avoiding Wage & Hour Mistakes and Issues" (September 2012)
  • "FMLA Practice and Procedures – The Dos and Don'ts of FMLA Leave" (September 2012)
  • "The Dangers of Retaliation: Avoid Making a Mountain Out of What Otherwise May Be a Molehill" (February 2012)
  • "The Ever-Evolving Role of Social Media in the Workplace: Where Are We and Where Are We Going" (February 2012)
  • "Emerging from the Fog of the New FMLA Regulations" (September 2011)
  • "Managing the Challenging Employee and Reducing Legal Risks" (September 2011)
  • "The Ten Most Common Mistakes Lawyers Make" (2011)
  • "FLSA Collective Actions: They Are Not Going Away Anytime Soon" (2011)
  • "Pitfalls and Quicksand: How to Avoid the Top 10 Mistakes Employers Make" (February 2011)
  • "Creating Your Flight Plan: Drafting Effective Employee Handbooks" (September 2010)
  • "Breaking the Sound Barrier: What Employers Need to Know About Employment Law and Social Media" (September 2010)
  • "A New Era of Social Networking: What Employers Need to Know" (February 2010)

Awards

Education

  • University of Tennessee Law School, J.D., magna cum laude
  • Appalachian State University, B.S., summa cum laude

Admissions

  • Tennessee
  • Virginia
  • North Carolina

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