One of Ohio’s premiere labor and employment lawyers, Tom Barnard’s practice focuses on all aspects of labor and employment law, including complex employment litigation, class actions, jury trials, administrative hearings, collective bargaining and arbitrations. He also has considerable experience representing government entities as well as private sector employers. Before coming to Ogletree, Tom chaired the Labor and Employment Group for over ten years at his prior law firm. Tom previously held significant governmental positions with the U.S. Department of Labor (1968 - 1971); Deputy Counsel for Litigation, Labor Management Laws, 1970 and Special Counsel to the Solicitor, 1971. He also is a frequent national speaker on labor and employment matters and is an Adjunct Professor of Law at Case Western Reserve University School of Law.
Experience
Experience:
- Litigated more than 40 class/collective action cases
- Tried 14 class action/EEOC cases
- Tried at least 46 EEO non-class action cases
- Tried 21 EEO jury trials
- Tried at least 5 wrongful discharge/breach of contract jury trials
- Argued 48 cases to various federal and state courts of appeals
- Tried well over 100 arbitrations and hearings before federal and state administrative agencies
Admitted to Practice:
Ohio
District of Columbia
U.S. Supreme Court
U.S. Court of Appeals, Fourth, Sixth, Seventh, Eighth, Eleventh and District of Columbia Circuits
U.S. District Court, Northern and Southern Districts of Ohio
Education and Honors
Honors and Awards:
- Best Lawyers in America (1991-2011)
- Best Lawyers, Labor and Employment Lawyer of the Year, Cleveland (2010, 2012)
- Ranked as a first tier Top Employment and Labor Lawyer in Ohio – Chambers USA (2003-2004, 2008-2010)
- Ranked in “Star” category – Chambers USA (2005-2007)
- Top 100 Super Lawyers in Ohio, and Top 50 Super Lawyers in Cleveland (2004-2011)
- Fellow, Litigation Counsel of America
- Fellow, College of Labor and Employment Lawyers (inducted 1998)
- Master of the Bench, Cleveland Employment Lawyers American Inn of Court
- Named to Who’s Who Legal USA: Management Labour & Employment (2006-2011)
- Named to The International Who's Who of Management Labour & Employment Lawyers (2012)
- Recipient, Professional Achievement Award, University of Puget Sound Alumni Association (2006)
- Recipient, America's Most Honored Professionals
Professional Activities
Professional Activities:
The Ohio State Bar Association:
- Labor and Employment Law Section Board of Governors (1990 - present)
- Past Chair of Labor and Employment Law Section (1998 - 2000)
- House of Delegates (2001 - 2003; 2005 - 2009)
- Labor and Employment Law Specialty Board (1998 - present)
- Midwest Labor and Employment Seminar Planning Committee (1994 - present; Chair 1996 - 1998)
Cleveland Employment Lawyers Inn of Court:
- Founding Member (Master of the Bench)
- Founding Program Chair
American Bar Association:
- Labor and Employment Law Section
- Committee on Equal Employment Opportunity
- Special Subcommittee for Liaison with EEOC
- Chapter Chair, Employment Discrimination Law Supplements
National Association of College and University Attorneys (2000 - 2005)
Defense Research Institute, Inc.:
- Employment Law Committee (1977 – 1992)
- Vice Chairman, Employment Law Committee (1983 – 1985)
Speeches:
- Midwest Labor & Employment Law Conference - "Practicum: Opening Statements" - Columbus - October 13, 2011
- EEOC Cleveland Area Training Institute - "The Experts' Perspectives on Employment Discrimination Claims" - Cleveland - November 17, 2010
- Ohio Management Lawyers Association - "Panel Discussion: Jury Selection Strategy" - Columbus - November 12, 2010
- Cleveland Employment Lawyers Inn of Court - "Mock Voir Dire" - Cleveland - November 11, 2010
- Ohio State Bar Association - "Negotiation: Reaching Agreement on Your Terms (Panel Discussion)" - Cleveland - August 19, 2010
- Cleveland State University Management Conference - "What Law Firms Can Do to Retain Minorities and Women" - Cleveland - May 14, 2010
- Ohio Management Lawyers Association - "Trends in Obstructive and Annoying Litigation and Discovery Tactics by Plaintiffs" - Columbus - April 16, 2010
- Advanced Employment Law Live Simulcast, Ohio State Bar Association - "Identifying, Prosecuting and Defending Collective Actions" - Columbus - April 9, 2010
- Northern District of Ohio Federal Court - "Employment Discrimination Judicial Clerk Training" - Cleveland - February 23, 2010
- Cleveland Employment Lawyers Inn of Court - "Professionalism" - Cleveland - January 14, 2010
- Ohio Labor and Employment Law Institute - "Retaliation Claims by Employees: Emerging Issues" - Cleveland and Columbus - May/June 2009
- Federal Bar Association Litigation Seminar - "Section 16(b) Collective Actions" - Cleveland - December 2, 2008
- Ohio Management Lawyers Association - "Slick Litigation Tactics and Effective Countermeasures" - Columbus - November 21, 2008
- Cleveland-Marshall College of Law Guest Speaker Series - "Pregnancy Discrimination" - Cleveland - November 18, 2008
- Advanced Employment Law, Ohio State Bar Association - "Identifying, Prosecuting and Defending Employment Class Actions" - Columbus - August 22, 2008
In The News
Media Quotes:
- February 10, 2011 - Bellevue Gazette - "Recent Changes in Overtime Exemptions"
- March 30, 2010 - The Plain Dealer - "InkStop Wage Dispute Heading Toward Amicable End, Which is Rare, Some Northeast Ohio Lawyers Say"
- August 1, 2009 - The Plain Dealer - "Sterling Jewelers, Akron-Based National Retailer, Facing Pay Discrimination Complaint by Female Employees"
- July 18, 2009 - The News-Herald - "Sotomayor Hearings Spark Race, Gender Questions"
- February 19, 2009 - Cleveland Plain Dealer - "3 More Cleveland Area Law Firms Cut Attorneys, Staff"
- November 20, 2007 - Cleveland Plain Dealer - "National Firms Top 16 Local Lawyers 3 Employment Practices Arrive"
- October 7, 2004 - Daily Sentinel - "Understanding Recent Changes in Overtime Exemptions"
- October 7, 2004 - Geauga County Maple Leaf - "Law You Can Use/Consumer Information Column: Understanding Recent Changes in Overtime"
- October 6, 2004 - Daily Reporter - "Law You Can Use: Understanding Recent Changes in Overtime"
- October 4, 2004 - Star Beacon - "Law You Can Use: Overtime Based on Employment Status"
Published Works:
- 2009 - 22 Journal of Law and Health - "Pregnant Employees, Working Mothers and the Workplace--Legislation, Social Change and Where We Are Today"
- Fall 2005 - The University of Memphis Law Review - "The Impact of the Pregnancy Discrimination Act on the Workplace – From a Legal and Social Perspective"
- Spring 2005 - Hofstra Labor & Employment Law Journal - "Are We There Yet? Forty Years After the Passage of the Civil Rights Act: Revolution in the Workforce and the Unfulfilled Promises that Remain"
- Winter 2000 - Mercer Law Review - "‘Mixed Motive’ Discrimination Under the Civil Rights Act of 1991"
- Spring 1999 - The University of Memphis Law Review - "Emerging Law on Sexual Orientation and Employment"
- Fall 1992 - Cornell Journal of Law and Public Policy - "Disabling America: Costing Out the Americans with Disabilities Act"
- Winter 1990 - St. John’s Law Review - "The Americans With Disabilities Act: Nightmare for Employers and Dream for Lawyers?"
- 1988/1998 - Nebraska Law Review - "Defense Perspective on Individual Employment Rights"
- 1987/1988 - 2 Journal of Law and Health 67 - "Legal Implications of Drug Testing in the Private Sector"
- 1980 - 82 West Virginia Law Review 899 - "Clementine in the 1980s (EEO And The Woman Miner)"
- 1975 - 16 William and Mary Law Review 507 - "Title VII Class Actions, The Recovery Stage"
- 1972 - 18 Wayne Law Review 1239 - "Restrictions on the Right to be a Candidate and Hold Union Office"