Rodney A. Harrison

Shareholder St. Louis

For the past 19 years, Mr. Harrison has devoted his practice exclusively to the representation of companies in the area of labor and employment law.

Mr. Harrison’s practice includes counseling and advising clients on employment-related matters such as work related investigations, leave and attendance issues, and disciplinary and termination decisions. He has litigated labor and employment-related matters in federal and state courts throughout the United States, including individual and class action claims under Title VII, the ADA, ERISA, the ADEA, the FMLA, collective action claims under the Fair Labor Standards Act, and represented employers in labor and employment arbitrations and administrative proceedings. Mr. Harrison regularly counsels clients on employment-related matters, particularly those involving FMLA/ADA workplace issues. 

Mr. Harrison has extensive experience advising clients in wage and hour audits with the Department of Labor, as well as handling class and collective action claims in state and federal courts.  Most recently, he has represented:

  • corporate and franchise pizza companies being sued by delivery drivers alleging credit, mileage reimbursement, uniform, and off the clock claims;
  • a fast food restaurant in a misclassification case;
  • a water utility in a misclassification case;
  • a casino sued by front line supervisors in a misclassification case;
  • a manufacturing facility sued by unionized hourly workers alleging donning and doffing violations;
  • a healthcare staffing company being sued by staffing coordinators over the use of on-call payments.

Mr. Harrison’s practice also includes matters arising under the National Labor Relations Act and Railway Labor Act.  Mr. Harrison has assisted both governmental and non-governmental clients with their labor related issues, including labor arbitrations, contract negotiations, and union organizing.  He has represented clients in several industries, including the construction, steel, telecommunications, utility, chemical, pharmaceutical, health care, distribution, and transportation industries.  He regularly arbitrates cases for clients in these industries, and has worked with clients in resolving issues with various unions, including the Steelworkers, Teamsters, Laborers, Operating Engineers, and Chemical Workers. 

In addition, Mr. Harrison has particular expertise in matters arising under the Railway Labor Act, including major/minor disputes, arbitration reviews, strike threats, union representation issues, federal and state law RLA preemption matters, and collective bargaining disputes.  He has handled matters in federal courts, as well as before the Surface Transportation Board (STB) and National Mediation Board (NMB).  Mr. Harrison’s experience includes:

  • Representing a railroad in actions to enjoin threatened strikes by the BMWED, BLET and other unions;
  • Representing railroads seeking to enforce and vacate arbitration awards both before the courts and the STB;
  • Representing air and rail carriers in union election proceedings before the NMB;
  • Representing a railroad in major dispute actions seeking relief for the union’s repudiation of the terms of a bargaining agreement; and
  • Representing a railroad in proceedings before the STB and Court of Appeals to vacate an award of New York Dock benefits
  • Representing an airline in a state common law claim involving RLA preemption issues
  • Representing a railroad in a hybrid breach of contract/duty of fair representation case
  • Representing air and rail carriers in arbitration proceedings
  • Representing rail and air carriers in a wrongful discharge claim under § 2, Third and Fourth
  • Advising a railroad on general labor relations

Finally, Mr. Harrison represents clients in non-compete and trade secret litigation in federal and state courts including claims for breach of contract, misappropriation of trade secrets, computer fraud and abuse, and violation of the Stored Electronic Communications Act.  He has helped clients enforce restrictive covenants and helped clients navigate the hiring of employees subject to restrictive covenants.  He has served as an adjunct professor at St. Louis University School of Law, where he taught a class on non-compete and trade secret litigation. 


Experience

  • Union Pacific R.R. Co. v. Surface Transp. Bd., 358 F.3d 31 (D.C. Cir. 2004)
  • Turner v. Southwestern Bell Telephone L.P., 2006 WL 903373 (E.D. Mo. 2006)
  • Union Pacific R. Co. v. United Transp. Union, 2006 WL 618144 (D. Kan. 2006)
  • Union Pacific R. Co. v. United Transp. Union, 2006 WL 2460644 (D. Kan,. 2006)
  • United Transp. Union v. Alton & Southern Ry. Co., et. al., 2006 WL 664181 (S.D. Ill. 2006)
  • United Seating & Mobility, LLC. v. Homen, 2006 WL 473739 (E.D. Mo. 2006)
  • Brotherhood of Ry. Carmen v. Kansas City Southern Ry. Co., 2005 WL 2600435 (W.D. Mo. 2005)
  • Wilkes v. Washington University School of Medicine, 2007 WL 1040929 (E.D. Mo. 2007)
  • Turner v. Healthcare Services Group, 156 S.W. 3d 431 (Mo. App. 2005)
  • Union Pacific R. Co. v. United Transp. Union, 2005 WL 3797329 (E.D. Mo. 2005)
  • Taylor v. American Airlines, 943 F. Supp. 1164 (W.D. Mo. 1996)
  • Brotherhood of Maintenance of Way Employees v. Union Pacific R. Co., 460 F.3d 1277 (10th Cir. 2006)
  • Kansas City Southern Ry. Co. v. Brotherhood of Locomotive Engineers, 419 F. Supp. 1038 (C.D. Ill. 2006)
  • Jones v. Union Pacific Motor Freight, 1999 WL 34803757 (W.D. Mo. 1999)
  • Union Pacific Corporation, Union Pacific Company & Missouri Pacific Railroad Company – Control and Merger – Southern Pacific Rail Corporation, Southern Pacific Transportation Company, STB Finance Docket No. 32760 (Sub-No. 42) (Aug. 14, 2006) (arbitration review)
  • Union Pacific Corporation, Union Pacific Company & Missouri Pacific Railroad Company – Control and Merger – Southern Pacific Rail Corporation, Southern Pacific Transportation Company, STB Finance Docket No. 32760 (Sub-No. 42) (Feb. 27, 2006) (arbitration review)
  • Insituform Technologies v. Reynolds, Inc., 2007 WL 1198889 (E.D. Mo. 2007)
  • Hedrick v. Ameristar Casino St. Charles, 2009 WL 3300035 (E.D. Mo. 2009)
  • Lasco v. Hall & Shaw Sales, Marketing & Consulting, 600 F. Supp.2d 1045 (E.D. Mo. 2009)
  • Lasco v. Hall & Shaw Sales, Marketing & Consulting, 2009 WL 3523986 (E.D. Mo. 2009)
  • Lasco v. Hall & Shaw Sales, Marketing & Consulting, 2009 WL 3834099 (E.D. Mo. 2009)
  • DiStefano v. Kinder Morgan, 2011 WL 245573 (S.D. Ill. 2011)
  • Borders v. Trinity Marine, 2010 WL 5139343 (E.D. Mo. 2010)
  • Borders v. Trinity Marine, 2011 WL 1045560 (E.D. Mo. 2010)
  • Newlin v. GoJet Airlines, LLC, 2011 WL 743081 (E.D. Mo. 2011)
  • Newlin v. GoJet Airlines, LLC 2011 WL 6415544 (E.D. Mo. 2011)
  • Jackson v. Mills Properties,  2011 WL 3607920 (E.D. Mo. 2011)
  • Tenge v. Washington Group, 2011 WL 1630823 (E.D. Mo. 2011)
  • Richardson v. Watco, 2011 WL 15000504 (W.D. Okla. 2011)
  • Walker v. Trinity Industries, 2012 WL 1858935 (E.D. Mo. 2012)
  • Martin v. Trinity Industries, 2012 WL 1620164 (E.D. Mo. 2012)
  • Cool-Pak v. Larsen, 2012 WL 1933706 (D. Minn. 2012)
  • Kress v. Dutchtown South Community Corp., 2012 WL 2374710 (E.D. Mo. 2012)
  • Fouche v. Missouri American Water, 2012 WL 2718925 (E.D. Mo. 2012)
  • Randazzo v. Par Pharmaceutical, 2012 WL 5051023 (E.D. Mo. 2012)
  • Marshall v. Amsted Rail, 2012 WL 5380329 (S.D. Ill. 2012)
  • TLC Vision v. Freeman, 2012 WL 5398671 (E.D. Mo. 2012)
  • Marshall v. Amsted Rail, 2012 WL 5499431 (S.D. Ill. 2012)
  • Fouche v. Missouri American Water, 2013 WL 121542 (E.D. Mo. 2013)
  • TLC Vision v. Freeman, 2013 WL 230254 (E.D. Mo. 2013)
  • Busse v. Daiichi Sankyo, 2013 WL 791822 (E.D. Mo. 2013)

Professional Activities and Speeches

Professional Activities:

  • Bar Association of Metropolitan St. Louis
  • American Bar Association (Labor & Employment Law Section, Railway and Airline Labor Law Committee)
  • Defense Research Institute (Employment Law Committee, Vice Chair, Program Subcommittee)
  • St. Louis University School of Law (Adjunct Professor)
  • Human Resource Management Association (Program Committee)
  • Society for Human Resources Management

Speeches:

  • Ogletree Deakins Seminar - ''The FMLA and ADA in the Real World'' - St. Louis - April, 2011
  • AAIM-EA Webcast Series - ''Responding to the EEOC'' - St. Louis - February, 2011
  • Private Client Seminar - ''Workplace Violence: Are You Prepared?'' - St. Louis - January, 2011
  • Ogletree Deakins Seminar - ''Protecting Trade Secrets'' - St. Louis - June, 2010
  • Ogletree Deakins Breakfast Briefing - ''Class and Collective Action Phenomena: Everything Old is New Again'' - St. Louis - April, 2010
  • Not-For-Profit HR Roundtable - ''Addressing Accommodation Issues Under The ADAAA'' - St. Louis - December, 2009
  • AAIM Cooperating School District Roundtable - ''FMLA Compliance'' - St. Louis - October, 2009
  • Human Resources Management Association - ''True or False . . . Your Organization knows and DOES what it needs to stay in compliance?'' - St. Louis - October, 2009
  • AAIM-EA HR Legal Certificate Program - ''HR/Legal Update'' - St. Louis - September, 2009
  • AAIM-EA HR Legal Certificate Program - ''EEO Update'' - St. Louis - August, 2009
  • ILEA - ''Managing Reductions in Force'' - St. Louis - August, 2009
  • Not-For-Profit HR Roundtable - ''A Change is Coming (And Has Come): An Overview of Recent Employment Law Developments'' - St. Louis - June, 2009
  • Association of Corporate Counsel - ''Managing Your Workforce in a Struggling Economy . . . And Successfully Juggling Employment Laws Along the Way!'' - St. Louis - May, 2009
  • 2009 Upper Midwest Employment Law Institute - ''You Aren’t The Boss Of Me – When And How Much Can And Employer Regulate Employee Conduct On And Off The Job'' - Minneapolis - May, 2009
  • Ogletree Deakins Seminar - ''The ADA Amendments Act and New FMLA Regulations: Clarity or Confusion'' - St. Louis - April, 2009
  • Council on Education in Management - ''Advanced FMLA Overview'' - St. Louis - April, 2009
  • AAIM Roundtable Series - ''Addressing Wage and Hour Issues under the FLSA and State Law'' - St. Louis - March, 2009
  • AAIM Breakfast Series - ''Managing Family and Medical Leave'' - St. Louis - November, 2008
  • Ogletree Deakins Breakfast Briefing - ''The Evolving Employment Landscape'' - St. Louis - October, 2008
  • AAIM Breakfast Series - ''Maintaining Confidentiality of Medical Records, GINA, the FMLA, ADA and other Federal and State Laws Affecting Confidentiality of Medical Information'' - St. Louis - August, 2008
  • AAIM Human Resources and Employment Law Conference - ''Electronic Use in the Workplace'' - St. Louis - May, 2008
  • DRI Employment Law Conference - ''You Aren’t The Boss Of Me – When And How Much Can And Employer Regulate Employee Conduct On And Off The Job'' - Scottsdale - May, 2008
  • Lorman LLE - ''Recruiting 101: Avoiding Pitfalls During the Recruiting Process'' - St. Louis - March, 2008
  • Lorman LLE - ''Pre-Employment Testing'' - St. Louis - March, 2008
  • Lorman LLE - ''Electronic Use in the Workplace'' - St. Louis - January, 2008
  • Lorman LLE - ''Dealing with Protected Absenteeism under the FMLA, USERRA, and ADA'' - St. Louis - June, 2007
  • AAIM Human Resources and Employment Law Conference - ''2007 Missouri Law Update'' - St. Louis - May, 2007
  • Council on Education in Management - ''Avoiding Misclassification and Improper Salary Deductions for Exempt Employees'' - St. Louis - June, 2006
  • Defense Research Institute - ''A Primer on USERRA'' - Scottsdale - May, 2006
  • Council on Education in Management - ''Update on New and Emerging Employment Law Challenges in 2006'' - St. Louis - May, 2006
  • The Missouri Bar - ''Alternative Dispute Resolution in Employment Litigation'' - St. Louis - October, 2004
  • Lorman LLE - ''Anatomy of Discrimination Lawsuit'' - St. Louis - July, 2004
  • The Missouri Bar - ''Summary Judgment in Federal Courts'' - St. Louis - July, 2002
  • AAIM Meeting - ''Missouri Law Update'' - St. Louis - March, 2000 - May, 2000
  • Society for Human Resource Management - ''Missouri Employment Law Update'' - St. Louis - June, 1999 - August, 1999

Our Insights

Media

Media Quotes

August, 2012 - Law360 - "Circuit Split On CFAA Leaves Employers Scratching Heads"
May, 2008 - DRI Annual Employment Law Conference Manuscript - "You Aren’t The Boss Of Me – When And How Much Can An Employer Regulate Employee Conduct On And Off The Job"
May, 2007 - DRI Annual Employment Law Conference Manuscript - "Litigation Lessons Learned"

Published Works

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