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Ben Bodzy

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Nashville
T: 615.726.5640
F: 615.744.5640

Ben Bodzy represents management in labor and employment litigation.

Featured Videos

Protected Concerted Activity: The Labor Board's Trap for Nonunion Employers October 25, 2016

Featured Experience

Obtained 12(b)(6) dismissal of gender discrimination suit in the U.S. District Court for the Middle District of Tennessee.
2016
Appellate victory at Tennessee Court of Appeals affirming dismissal of whistleblower suit on summary judgment.
2016

Successfully represented employer in labor arbitration where arbitrator upheld employer's right to furlough employee.

2016

Professional Biography

Overview

As a labor attorney in the Nashville office, Mr. Bodzy's practice has three principal focuses: representation of management in traditional labor matters, litigation relating to the enforcement of post-employment restrictive covenants, and wage and hour class and collective actions. 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, and 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
  • Obtained 12(b)(6) dismissal of gender discrimination suit in the U.S. District Court for the Middle District of Tennessee. (2016)
  • Appellate victory at Tennessee Court of Appeals affirming dismissal of whistleblower suit on summary judgment. (2016)
  • Successfully represented employer in labor arbitration where arbitrator upheld employer's right to furlough employee.

    (2016)
  • Lead counsel for employer in multiple unfair labor practice trials before NLRB.

    (2016)
  • Obtained dismissal of 9 out of 10 unlawful discharge allegations in NLRB trial even though the opposing party's (NLRB's) published win rate in unfair labor practice litigation is 90%.

  • Secured withdrawal of NLRB election petition in union's effort to organize government contractor.

    (2015)
  • Representing employers in multiple wage and hour class and collective actions in the restaurant and cable installation industries.

    (2015)
  • Obtained summary judgment in state court on Tennessee Disability Act claim.

    (2014)
  • Obtained Temporary Restraining Order enjoining employee and employee's new employer in financial education industry from competing.

    (2014)
  • Obtained Temporary Restraining Order and Temporary Injunction enjoining employee and employee's new employer in sporting goods industry 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)
  • 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 technology employees who were sued for allegedly violating their restrictive covenants.

    (2012)
  • Obtained dismissal during trial of FLSA claims against healthcare company. (2012)
Professional Honors & Activities
  • Listed in NashvillePost magazine's inaugural "Law Leaders Rising" list of fast-rising legal stars (2012)
  • Member – Nashville 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

Education

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

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
  • United States Court of Appeals for the District of Columbia Circuit, 2011

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