Adam maintains a growing labor and employment practice that includes representing clients in employment litigation before federal and state administrative agencies and in trial courts in over 25 states, as well as counseling employers in all areas of employment law and labor relations related.
Adam has extensive experience defending numerous cases under the FLSA and state wage and hour laws, including collective and class actions regarding employee misclassification, unpaid overtime and minimum wages, meal and rest breaks, PAGA in California, and other wage issues. He also has experience and has handled numerous cases and charges involving employee misclassification, wages and overtime, meal and rest breaks, wrongful discharge, retaliation, sexual harassment, discrimination, including disability, age, race, pregnancy, and gender, and intentional torts. Adam has experience advising companies regarding restrictive covenants, litigating the enforceability of restrictive covenants and confidentiality agreements, and obtaining and opposing TROs and preliminary injunctions.
Representative Experience
- Represented Millpond Equity Partners in its sale of TouchMath, a provider of supplemental math curriculum.
- Represented Crete United, a portfolio company of Ridgemont Equity Partners, in its acquisition of Hartwig Mechanical, LLC, an industrial and commercial mechanical contractor, for an enterprise value of $72.5 million.
- Represented Crete United, a portfolio company of Ridgemont Equity Partners, in its acquisition of Swedberg Electric, LLC, an electrical contractor, for an enterprise value of $11.8 million.
- Advised client on orchestrating a campaign to defeat a union election. We trained supervisors and managers on how to interact with employees in light of NLRB restrictions and created extensive campaign materials to share with the employees. We also coordinated on-site conversations to persuade employees to oppose the union. Ultimately, the union withdrew the petition before an election was even held.
- Defended client against a claim of unpaid wages and unpaid overtime for a remote, on-site ATM technician. Secured a complete victory at arbitration by proving that NCR's policies and practices appropriately paid for all time worked by such remote technicians, provided the technicians follow company policy and appropriately report their time worked. Also successfully defeated novel claims by claimant's counsel that imputed income for personal use of a vehicle or insurance premium credits for being healthy should be considered wages to increase the regular hourly rate and overtime premiums and not fringe benefits.
- Defended client against discrimination and retaliation charges brought by pregnant former employee whose employment was terminated as part of a reduction in force. Successfully prevailed before both the Florida Commission on Human Relations and on appeal to an Administrative Law Judge after a hearing, both of whom found no probable cause for discrimination or retaliation.
- Represented a private equity buyer in its acquisition of a wholesale distributor of pipes, valves, and fittings.
- Represented Blue Marlin Partners in acquiring a stake in Mo' Bettahs, a Hawaiian-Style Barbecue restaurant chain.
- Secured summary judgment in Ohio state court in a case brought by a former employee for race and age discrimination, wrongful termination, and intentional infliction of emotional distress. Substantively, we were able to secure admissions from the employee that she committed an egregious rule violation and that she could not identify anyone who was treated differently.
- Represented The Services Companies, Inc. in a class action of over 200 employees in Florida regarding failure to pay overtime wages to piece rate workers over a 16-month period, including liquidated damages and attorneys’ fees. We prevailed on denying preliminary certification due to plaintiffs’ failure to show class-wide interest as well as highlighting the need for individualized inquiries into each putative class member in order to prove either liability or damages. After the court denied preliminary certification, we engaged plaintiffs in settlement negotiations.