Keith has almost 30 years of experience counseling clients in virtually all aspects of labor and employment law. He has done labor and employment and immigration work for clients in a broad range of industries, including construction, manufacturing, hospitality and food services, healthcare, utilities, energy, and financial and professional service. Keith also provides advice on construction contract issues and handles construction claims and disputes. Over his career, Keith has litigated and arbitrated a broad array of employment, construction, and commercial cases, including matters in Alabama, Florida, Georgia, Tennessee, Arkansas, Illinois, and California.
Experience
  • General Experience
    • Regularly defends discrimination cases and EEOC charges under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.

      Regularly assists employers with obtaining various types of employment-based nonimmigrant visas for their foreign national workers, including H-1B (specialty worker), L-1 (intracompany transfer), and TN (NAFTA) visas.

      Assists employers with Labor Certification Applications (PERM), as well as employment-based immigrant visa petitions (EB-1, EB-2 and EB-3).

      Has assisted employees and other individuals with adjustment of status applications (Green cards), consular visa processing, and naturalization petitions.

      Conducted a Form I-9 immigration compliance audit for a Nashville cleaning service company.

      Successfully filed multiple Religious worker visa petitions for a Tennessee-based church organization.

      Successfully filed an application for a J-1 intern visa for a Mississippi timber management company.

      Defended and successfully resolved a breach of contract lawsuit filed by a former sales employee of a Georgia-based industrial contactor.

      Advised a nationally known non-profit with the implementation and execution of a series of employee reductions-in-force.

      Represented the former owner of a crane company headquartered in Pennsylvania in a breach of contract case filed by the company’s local office manager.

      Conducted a Form I-9 immigration compliance audit for a North Alabama nursing home facility.

      Prosecuted a breach of loyalty case for a crane and hoist contractor against a group of former employees who set up a competing business.

      Provided union avoidance training to the management of a Nebraska-based energy company, including employees in Alabama, Georgia, Texas, Virginia, Oklahoma, California, Washington, Nebraska, and Ohio.

      Engaged in collective bargaining negotiations for an automobile dealership, including the defense of an associated unfair labor practice charge filed with the National Labor Relations Board.

      Developed and implemented a comprehensive immigration compliance plan for a general contractor doing work for Walmart.

      Stout v. Mrs. Stratton's Salads, Inc., 2006 WL 1344074 (E.D. Tenn. May 15, 2006)
      Obtained favorable result for client after successfully arguing employee plaintiff had entered into a valid arbitration agreement, which governed his claims.

      Cork v. Marriott International, Inc., 426 F. Supp 2d 1234 (N.D. Ala. 2006)
      Obtained summary judgment for an international hotel chain and its subsidiary in a fraudulent hiring case.

      Advised a general contractor in a dispute arising from the construction of a Mississippi warehouse facility, which included defending a related subcontractor claim.

      Prosecuted a non-compete case against a Cincinnati, Ohio former employee of a promotional products supply company.

      BE&K Construction Co. v. Will & Grundy Counties Building Trades Council and Local 150 International Union of Operating Engineers, 156 F.3d 756 (7th Cir. 1998)
      Affirmed a $544,000 jury verdict obtained for a construction company client against two Chicago-area labor unions on claims for illegal secondary activity under §303 of the Labor Management Retaliation Act.

      Ex Parte United Brotherhood of Carpenters and Joiners of America, 688 So.2d 246 (Ala. 1997)
      Held that the Alabama courts could exercise jurisdiction over an international labor organization for tortious acts allegedly committed in Minnesota.

      BE&K Construction Co. v. United Brotherhood of Carpenters and Joiners of America, AFL-CIO, 90 F.3d 1318 (8th Cir. 1996)
      Involved the appeal of a $20,125,000 jury verdict obtained on behalf of a contractor client against two labor unions on claims under §303 of the Labor Management Relations Act and Arkansas tort law.

      Developed and assisted with the implementation of a mandatory employment arbitration agreement for a petroleum refining and marketing company.

      Mitchell v. USBI Company, 186 F.3d 1352 (11th Cir. 1999)
      After oral argument, Eleventh Circuit upheld summary judgment for a space-industry contractor on a former employee’s age discrimination claim.

      Successfully defended a construction bid protest case filed against a local school board under Alabama’s Public Works Law.

      Drafted a non-competition/confidentiality agreement for a North Carolina-based mechanical contractor.

      Splunge v. Shoney’s, Inc., 97 F.3d 488 (11th Cir. 1996)
      After a jury trial, the Eleventh Circuit overturned the punitive damages award, holding that a company’s mere constructive knowledge of a sexually hostile environment was insufficient to establish punitive damages under the Civil Rights Act of 1991.

      Regularly conducts EEO and harassment avoidance training for employer clients.