Russell W. Gray

Currently defending a major client in two large multi-defendant antitrust class actions alleging wage and compensation fixing of thousands of employees and independent contractors arising out of alleged information sharing, benchmarking and no poach agreements.

Defended a major meat processor in a wage and hour collective action through trial and obtained a partial jury verdict in favor of the defendant.

Obtained settlements and court approvals for at least five wage and hour collective actions involving hundreds of employees and multiple facilities.

Successfully represented large manufacturers in defeating union organization attempts.

Obtained complete defense verdict in an age discrimination jury trial involving a manager at a long-term care facility.

Obtained partial jury verdict in favor of a company in a six-week jury trial including alleged misappropriation of trade secrets.

Represented numerous companies in responding to investigations by the U.S. Department of Labor, U.S. Department of Homeland Security, Equal Employment Opportunity Commission, and other state and federal government agencies.

Obtained summary judgment and complete dismissals for defendants in multiple discrimination cases, including age discrimination, race discrimination and reprisal discrimination.

Obtained favorable rulings for companies in injunction hearings pertaining to noncompetition, nonsolicitation and confidentiality issues.

Assisted multi-state companies develop and implement various employment policies for their locations in various states.

Served as lead counsel for the defendant poultry processor in a wage and hour collective action involving workers who claimed that they should be paid for time spent donning and doffing various gear, walking to and from the work station, and washing themselves and their gear. The case involved more than 1,800 claimants in the original class and more than 500 claimants in an additional class. This case, which presented complex issues relating to various employee classes, was successfully settled during a two-day mediation.

Served as lead counsel for poultry processing company in a union campaign brought by the United Food and Commercial Workers Union (UFCW). The election involved the UFCW trying to organize over 500 workers at the client's plant near Cincinnati, Ohio, which operates three shifts and employs over 600 workers. The parties campaigned intensively for weeks in the election, with the final vote tally 302 to 178 in favor of the client. The campaign also involved Baker Donelson successfully defending and resolving nine unfair labor practice charges on the client's behalf.

Successfully defended distribution company client against claims by employees alleging that the client employer improperly classified them as exempt from the federal overtime law requirement.

Successfully defended meat processing company against claims by hourly employees seeking pay for time spent donning and doffing gear, walking, and washing. The case, which involved both federal claims on a collective basis and state law claims on a class action basis, was conditionally certified and settled after a period of discovery.

Successfully represented and advised meat processing company in an exhaustive, two-year audit by the Department of Labor (DOL). The audit involved up to four DOL investigators being on site at the company for weeks interviewing employees and reviewing documents regarding payroll and time-tracking issues.  Defense of the matter included arguing the company's positions on various issues such as exempt/nonexempt issues and time-tracking issues. The DOL ultimately decided not to seek back pay on behalf of any employees or former employees.

Successfully defended meat manufacturer against claims filed by hourly employees at meat processing plants seeking pay for time spent donning and doffing gear, washing, and walking. The case was conditionally certified and tried before a jury on liability issues following extensive discovery. The jury ruled in part in favor of the plaintiffs and in part in favor of the defendant. The case settled before the parties tried the damages phase of the trial.

Defended national restaurant chain in lawsuit where hourly employees of a restaurant company sued to recover unpaid wages and overtime because they were allegedly forced to work "off the clock." The case was conditionally certified and settled after years of litigation.

Defended national restaurant chain against claims filed by restaurant managers to recover unpaid overtime alleging that they were misclassified as exempt due to the employer’s policy of docking their pay for cash shortages and damaged or missing property.  The case was conditionally certified and settled after years of litigation.

Defended a poultry processor against race, national origin, and gender discrimination, retaliation, and harassment claims brought by 11 individual plaintiffs and a pattern and practice claim brought by the EEOC seeking to recover equitable relief, compensatory damages, and punitive damages on behalf of more than 100 class members that ultimately resulted in a favorable settlement for the client.

Defended poultry processor in wage and hour litigation brought on behalf of more than 5,000 putative class members employed at four processing plants in three cities in Alabama. Successfully resolved through court-approved settlement.

Defended poultry processor in wage and hour litigation brought on behalf of more than 2,000 putative class members employed at two processing plants in two cities in Georgia. Successfully resolved through court approved settlement.

Successfully decertified conditionally certified class of more than 3,000 hourly wage employees in wage and hour litigation filed against poultry processing company and resolved successfully through mediation.

Represented a major national meat processor on an intensive, multi-week wage and hour audit by the U.S. Department of Labor, during which department representatives were onsite for approximately three weeks. The audit involved more than 1,000 employees and included dozens of positions and categories of workers. The audit also involved our team reviewing and responding to numerous DOL requests and questions and setting forth the company’s position on multiple and complex wage and hour legal issues. No back wages were assessed.