Phillip’s first job was bagging groceries and stocking shelves in his family’s small grocery store business. As a young teenager, Phillip learned the value of hard work and small business. His grandfather took him to business meetings and Phillip saw first-hand the challenges his family’s business faced—especially in managing employees. But, he also saw the true value in positive employee relations in the workplace. Now, Phillip represents and protects each of his clients, large or small, as if they were his family’s grocery business—with enthusiasm, dedication, and a strong belief that lawsuits, government investigations, and unions are not good for business or employees.
- AV® Peer Review Rated by Martindale–Hubbell
- Employment Law SuperLawyer 2010 and 2011 (top 5%)
- Represents businesses in a wide range of labor and employment law related matters, including federal and state court lawsuits claiming discrimination, harassment, retaliation, or failure to pay minimum wage or overtime compensation
- Represents businesses facing government investigations by the U.S. EEOC, state and local EEO agencies, OSHA, Wage and Hour Division, the NLRB, and others
- Helps clients stay union-free through advice and counseling, supervisor and manager training, and campaigns
- Regularly advises and counsels clients on how to handle difficult workplace legal issues through his cost-effective Hotline service
- Protects businesses’ investment in their people, trade secrets, and confidential information through employment agreements and litigation
- Reviews and revises employee handbooks, policies, and practices
- Trains supervisors and managers in understanding their legal roles and responsibilities
- Labor and Employment Counsel for various industry and human resource professional associations
Experience
- Congressional Testimony (Oct. 12, 2011) - Testified before the U.S. House Committee on Education and The Workforce in support of the Workforce Democracy and Fairness Act, H.R. 3094 (introduced by Rep. John Kline, R-MN), which would roll back the NLRB's recent Specialty Healthcare decision (allowing micro-unions) and its proposed rule-making on election procedures (allowing quickie elections). Mr. Russell testified that the WDFA protects employees' rights to vote on unionization and to obtain adequate information before voting. Click here to learn more.
- Obtained injunctions against a former employee and her new employer for a large national staffing company to enforce its non-solicitation and non-disclosure agreements
- Won a hard-fought union representation election for a nursing home allowing it to remain union-free
- Won summary judgment in a religious discrimination case that was affirmed on appeal
- Convinced OSHA to reduce proposed penalties by over 90% for a construction business
- On behalf of a large trade association, filed successful appeal to DOL’s Administrative Review Board and convinced DOL to conduct a new wage survey for Georgia
- Submitted opposing comments to the DOL for a national trade association regarding proposed rulemaking for Project Labor Agreements
Florida
Georgia
U.S. District Court, Middle, Northern and Southern Districts of Florida
U.S. District Court, Middle and Northern Districts of Georgia
U.S. Court of Appeals, Eleventh Circuit
Education and Honors
- AV® Peer Review Rated by Martindale-Hubbell
- Super Lawyer (2010 and 2011)
Professional Activities
- HR Florida Council (Labor & Employment Counsel)
- Society for Human Resource Management (SHRM)
- HR Tampa
- Sarasota-Manatee Human Resources Association (SHRA)
- Big Bend Society for Human Resource Management (BBSHRM)
- Florida Transportation Builders Association (Labor & Employment Counsel)
- Independent Electrical Contractors (Labor & Employment Counsel)
- American Bar Association (Labor & Employment and Litigation Sections)
- Florida Bar Association (Labor & Employment Section)
- Hillsborough County Bar Association (Labor & Employment Section Co-Chair, 2008-2009)
- Georgia Bar Association (Labor & Employment Section)
- Ogletree Deakins - Florida Transportation Builders Association (FTBA) Special Webinar Event - "E-Verify Requirements for Florida State Contractors" - webinar - January 13, 2011
- IEC National Convention & Electric Expo 2010 - "Davis-Bacon Act: Prevailing Wage Requirements for Electrical Contractors" - Phoenix - October 29, 2010
- International Foodservice Distributors Association (IDFA) - 2010 Distribution Solutions Conference - "Developing a Game Plan for Prevailing in Organizing Campaigns" - Tampa - October 27, 2010
- IDFA 2010 Distribution Solutions Conference - "Social Media from an HR Perspective" - Tampa - October 25, 2010
- WorkComp Advisory Group (WCAG) - Educational Emporium - Knowledge & Networking 2010 - "FMLA: The Second Wave of Litigation" - Chicago - September 16, 2010
- HR Florida 2010 Annual State Conference & Expo - "Staying Union-Free in a Pro-Union World" - Orlando - August 31, 2010
- Florida Health Care Association (FHCA) - 2010 Annual Conference & Trade Show 2010 - "When the Volcano Blows: What to Do If a Union or OSHA Shows Up" - Orlando - July 6, 2010
- Stahl & Associates Insurance - Client Seminar - "Employer Survival Guide for 2010 and Beyond: Navigating the Changing Environments; Avoiding Overtime Lawsuits; Best Practices for Exemptions and Timekeeping Systems; Staying Union-Free in a Pro-Union World: - Clearwater - June 17, 2010
- IEC National Convention & Electric Expo 2009 - "Staying Union-Free in a Pro-Union World" - St. Louis - October 22, 2009
- Business and Legal Reports (BLR) - National Employment Law Update 2009 - "State of the Unions: EFCA and Beyond" - Las Vegas - October 21, 2009
- FHCA 2009 Annual Conference & Trade Show - "Staying Union-Free in a Pro-Union World" - Hollywood - August 12, 2009
- FTBA Special Webinar - "The Employee Free Choice Act and Your Business: A Special FTBA Members Only Webinar" - webinar - March 23, 2009
- IEC Central Texas Chapter - Labor & Employment Law Workshop - "Staying Union-Free in a Pro-Union World; Employment Law 101 for Contractors" - Austin - March 18, 2009
- Stahl & Associates Insurance - Client Seminar - "The New FMLA Regulations: New Leave Types, New Leave Terms, New Leave Trouble!" - Clearwater - February 26, 2009
- Association of Corporate Counsel (ACC) West Central Florida Chapter - Employment Law Program - "How the Election Will Affect Your Workplace: What New Laws to Expect" - Tampa - November 6, 2008
In The News
- October 20, 2011 - BNA's Labor Relations Week - "Committee Weighs Kline Bill to Amend NLRA, but Dems See Case Backlogs, Election Delays"
- October 20, 2011 - BNA's Construction Labor Report - "Committee Weighs Kline Bill to Amend NLRA, but Dems See Case Backlogs, Election Delays"
- October 12, 2011 - TheHill.com - "Lawmakers Clash Over Union Election Bill"
- October 12, 2011 - Law360 - "New NLRB Actions Stunt Businesses, Republicans Say"
- October 12, 2011 - BNA's Daily Labor Report - "Committee Weighs Kline Bill to Amend NLRA but Dems See Case Backlogs, Election Delays"
- October 12, 2011 - CCH Employment Law Daily - "Hearing on Workforce Fairness Act Suggests Law Could Reveal Concerns Over Board Action, Possible Delay to Election Process"
- March 2008 - The Conduit - ""IEC Member of the Month""
- Spring 2007 - Florida Transportation Builder - "Immigration Reform"
- July 3, 2006 - Tampa Bay Business Journal - "Law Rulings Could Affect Employer Practices in Florida"
- July 2009 - Council on Education in Management - FMLA Hot Topics Handbook - "FMLA Recordkeeping Compliance and Leave Management"
- Winter 2008 - Florida Transportation Builder - "Overtime Lawsuits: Plaintiffs’ Lawyers Targets Florida’s Construction Industry"
- November 2008 - IEC Insights - "Big Labor’s Fight for Survival – the Employee ‘Forced’ Choice Act"
- October 2008 - Hillsborough County Bar Association – The Lawyer Magazine - "Immigration Legislation Alert"
- September 2008 - Hillsborough County Bar Association – The Lawyer Magazine - "Florida’s New ‘Bring Your Gun to Work’ Law"
- Fall 2008 - ASCnet Quarterly Magazine - "New ADA Amendments Act Expands Covered Disabilities"
- Summer 2008 - The ASCnet Quarterly - "Overtime Pay & Workplace Law"
- December 2007 - The Conduit - "Manager and Supervisor Training"
- November 2007 - IEC Insights - "Too Much SALT – Keeping Your Workplace Union-free!"
- Summer 2007 - Florida Transportation Builder - "Construction Worksite Immigration Violations – Who is Responsible?"
