Tom Kilpatrick is the senior member of the firm’s Labor & Employment Group. He has a four-decade track record of winning advocacy in all areas of labor and employment law, having successfully represented employers in 47 different states, before scores of state and federal courts and agencies, seven different U.S. courts of appeal and the United States Supreme Court.
He represents clients in all areas of labor and employment law, including management/union matters, employment discrimination, wage and hour litigation, restrictive covenant matters, affirmative action planning and compliance, and day-to-day advice and consultation.
Tom’s practice is focused in the traditional labor law arena, including union avoidance, negotiating collective bargaining agreements, arbitration, handling picketing and handbilling matters, appearing in unfair labor practice investigations and trials, and in guiding unionized employers in the development of strategies and action plans that minimize the impact of unions.
- Lead counsel in the largest age discrimination collective action in financial services industry history in Washington, D.C.
- Lead counsel in the decertification of a putative class action brought by more than 300 plaintiffs in Miami, Florida.
- Lead counsel in defending a nationwide “corporate campaign” by labor unions against a leading industrial and mining company.
- Arbitrated more than 300 labor cases for employers throughout the United States.
This advisory discusses the background and implications of the September 7, 2012, decision by the National Labor Relations Board (NLRB or the “Board”) that held that an employer’s social media policy prohibiting statements that “damage the Company, defame any individual or damage any person’s reputation” violated the National Labor Relations Act (NLRA) and that employees would reasonably construe the policy to restrict certain protected concerted activities, namely communications, regarding the employer’s treatment of its employees.
September 21, 2012
- Boy Scouts of America, Atlanta Area Council, General Counsel
- Georgia Chamber of Commerce – Board of Directors
- University of Tennessee College of Law – Board of Visitors/Deans’ Circle
- Kiwanis Club of Northside Atlanta – Board of Directors/Past President
- Phoenix Society – Board of Directors/Past Chairman
- Churches Homes Foundation – Board of Directors/Chairman/President
- Redeemer Lutheran Church – Church Council/Past President