Benjamin D.Briggs

Select OSHA Matters

• Successfully represented large concessions services company in highly publicized workplace fatality, OSHA inspection and contest of OSHA citation.
• Successfully represented staffing services company in Cal-Osha fatality inspection and subsequent litigation.   
• First chaired trial of Kentucky OSHA matter that resulted in victory for staffing service provider.
• Represented steel fabricating facility in successful contest and resolution of multiple citations.
• Represented wood products manufacturer in South Carolina OSHA inspection and subsequent litigation arising from contractor fatality.  Obtained agreement to withdraw all citations. 
• Successfully represented wood products manufacturer in months-long OSHA inspection arising from combustible dust explosion that resulted in multiple fatalities and hospitalizations. 
• Led team of attorneys in large-scale OSHA recordkeeping audit for multinational construction company.
• Successfully represented wood products company in contest of general duty clause citations relating to combustible dust.
• Conducted internal investigation into allegations of safety and environmental violations on behalf of drywall and gypsum manufacturing plant. 
• Represented employers from a wide variety of industries, including staffing, building products, packaging, media, steel manufacturing and utilities in OSHA inspections, media inquiries and crisis response arising out of serious accidents, fatalities and other catastrophes. 

Select Complex Class and Collective Action Litigation Matters

• Led Seyfarth team that defeated conditional certification on behalf of national restaurant chain in putative FLSA collective action in which plaintiffs alleged off-the-clock claims and sought to represent approximately 65,000 restaurant workers.
• Defeated conditional certification in putative nationwide collective action alleging misclassification claims under FLSA on behalf of approximately 10,000 government contactor employees).
• Successfully led Seyfarth team in representation of staffing services provider sued in putative Rule 23 class action alleging FCRA violations.
• Served as lead counsel for defendant in nationwide FLSA collective action against cable industry technology company.
• Successfully represented professional staffing services provider in Rule 216(b)/Rule 23 hybrid action alleging misclassification claims under FLSA and California Labor Code. 
• Successfully defended flares manufacturer in putative collective action alleging off-the-clock claims under the FLSA.
• Successfully represented staffing services provider in FLSA putative collective action alleging off-the-clock claims).
• Successfully defended risk management and insurance adjustment company in trial of 100-plaintiff FLSA collective action and companion multiplaintiff matter alleging misclassification and failure to pay overtime.  Prevailed at trial of multi-plaintiff matter prompting voluntary dismissal of collective action without payment to plaintiffs or their counsel.
• Defeated collective action certification and prevailed on summary judgment and subsequent appeals of judgment in age discrimination case brought pursuant to ADEA.

Select Single Plaintiff Litigation and Whistleblower Claims

• Prevailed on Motion for Judgment on the Pleadings in case alleging SOX retaliation against manufacturer of smoke detection and suppression equipment.
• Won summary judgment in case alleging discrimination and retaliation claims under Title VII, ADEA and FMLA against poultry company.
• Won summary judgment in case alleging sex discrimination, race discrimination and retaliation claims under Title VII and 42 U.S.C. 1981 against poultry company.
• Won summary judgment in reverse race discrimination case brought pursuant to Title VII and 42 U.S.C. 1981.
• Won summary judgment in case alleging age discrimination under Massachusetts law against multinational floor covering company.
• Secured dismissal of workers’ compensation retaliation case and obtained award of attorneys’ fees and costs on behalf of staffing services provider.
• Won summary judgment in ADA case alleging disability discrimination and failure to accommodate claims.
• Obtained summary judgment in multi-plaintiff case alleging invasion of privacy and tort of outrage against wood products manufacturer.
• Secured dismissal of 11(c) whistleblower retaliation claim brought by terminated employee against consumer products company.
• Secured dismissal of whistleblower claims brought pursuant to the OSH Act, Federal Water Pollution Control Act and Safe Drinking Water Act on behalf of pulp and paper mill. 
• Successfully represented freight and logistics company in case alleging disability discrimination, workers’ compensation retaliation and intentional infliction of emotional distress under Ohio law.
• Represent freight and logistics company in case alleging workers compensation retaliation and wage payment act violations under West Virginia law.
• Successfully represent premium cookware company in case alleging FLSA misclassification claim.
• Successfully represent biofuels company in Florida Private Whistleblower Act case.
• Successfully represent staffing services provider in case alleging discrimination and retaliation claims under Title VII and Tennessee Human Rights Act.
• Successfully defend staffing services provider against indemnification claim brought by staffing firms client in disability discrimination case. 
• Served as lead counsel in successful defense of retailer in case alleging discriminatory discharge based on sex and age.
• Successfully represented concrete block manufacturer in case alleging FMLA retaliation and interference claims.

Select Noncompete and Trade Secrets Litigation

• Successfully represent plastics recycling company against former employee in case alleging breach of fiduciary duty, misappropriation of trade secrets, fraud, conversion, tortious interference with contracts and other business tort claims. 
• Successfully represent physiatry services provider in case alleging breach of noncompetition agreement and misappropriation of trade secrets against defendant.
• Successfully represented staffing services provider in lawsuit against former executives in case alleging breach of restrictive covenants, misappropriation of trade secrets, tortious interference with contractual relations and other claims under Massachusetts law. 
• Successfully represented individual sales representatives in defeating Motion for Temporary Restraining Order seeking to enjoin sales representatives from soliciting former customers and competing with former employer. 
• Successfully transferred restrictive covenant and non-competition case from federal court in Missouri to Georgia, which resulted in voluntary dismissal of case by plaintiff.

Select Counseling, Compliance and Government Investigations Engagements

• Successfully represented staffing services provider in U.S. Department of Labor Wage-Hour Division investigation of FLSA misclassification claims alleged by former supervisors.  Employer emerged from investigation without any adverse findings or payment to complaining parties. 
• Successfully represented employer in Oregon Bureau of Labor and Industry investigation into alleged meal and rest period violations. 
• Led labor and employment due diligence team in connection with staffing services provider’s $100 million acquisition of outplacement firm. 
• Managed and coordinated 6-month, 30-location California wage-hour audit on behalf of client. 
• Manage and conduct workplace investigations on behalf of clients in a wide variety of industries.  Past investigations have involved allegations of harassment, discrimination, retaliation, employee theft, wage-hour violations, alleged workplace safety and health (OSHA) violations and assault. 
• Develop and assist clients with implementation of arbitration programs for resolving employment-related disputes. 
• Advise clients on responses to workplace emergencies such as threats of workplace violence and pandemic planning. 
• Draft, revise and implement restrictive covenant agreements (i.e., non-compete agreements) for employers.