Brent E. Siler

Brent E.

Siler

Overview

Mr. Siler represents clients in employment and commercial litigation matters. In his employment law practice, Mr. Siler advises employers on management issues, including employee discipline, reasonable accommodation, and leave issues and drafts contracts, policies and other employment-related documents. Mr. Siler represents clients in state and federal courts in wage and hour collective and class actions, discrimination, harassment, OSHA, non-competition and employee benefits matters. Mr. Siler also frequently advises employers in litigating non-competition agreements, arbitration, commercial contracts litigation and construction matters. 

Industry

Experience

  • Represented a home health care employer in a collective action with a class of over two hundred class members related to the employer’s use of sleep time.
  • Represented a temporary staffing company in a class action lawsuit brought by the EEOC alleging religious discrimination for refusal to assign a class of temporary workers because of their religious headwear.
  • Represented a county prison system in a class action lawsuit alleging sexual harassment by prisoners against female prison guards.
  • Represented a logistics company in a seven hundred-member hybrid collective/class action involving allegations of improper pay deductions and failure to pay minimum wage.
  • Represented employers in prosecuting and defending non-compete claims.
  • Represented employers in wage and hour collective actions. 
  • Represented employers in labor arbitration and grievance proceedings.
  • Represented and defended clients in all areas of employment litigation including: discrimination, harassment and retaliation lawsuits, non-compete litigation, wage and hour, collective actions, whistleblower claims, ERISA, defamation, and matters. 
  • Obtained summary judgment on behalf of employers in age, race and disability discrimination lawsuits in federal court.
  • Obtained summary judgment in ERISA wrongful denial of benefit case in federal court.
  • Secured "No Cause" findings on behalf of multiple employers in charges brought by the EEOC.
  • Obtained injunctive relief on behalf of employer and employee against non-employee who made threats of violence against the employee.
  • Represented employers in governmental investigations and/or audits by the USDOL and OSHA.
  • Handled litigation-related disputes involving contracts, business torts, and non-compete agreements.
  • Defended clients in medical malpractice personal injury, long-term care and aging services, insurance defense and civil rights claims.
  • Successfully represented owner in construction arbitration involving termination of general contractor.
  • Represented sureties in bond litigation and Miller Act claims.
  • Representative Cases
    • Pennington v. Southern Motion, Inc., 2017 WL 3897166 (Sept. 6, 2017, N.D. Miss.)
    • Vaughn v. Starkville Manor Healthcare, CCC, 2017 WL 1014368 (May 14, 2014, N.D. Miss.)
    • Williams v. Goodyear Tire & Rubber Co., 2012 WL 1228860 (April 11, 2012, W.D. Tenn.)
    • Gauch v. Karamian, 805 F. Supp. 2d 495 (W.D. Tenn. 2011)
    • Life Ins. Co. of North Am. V. Simpson, 2009 WL 2163498 (July 16, 2009, W.D. Tenn.)
    • Glover v. National Union Fire Ins. Co. of Pittsburgh, PA, 2009 WL 3169691 (Sept. 29, 2009, W.D. Tenn.)
    • Levy v. Baptist Mem. Hosp. – North Miss., 2005 WL 1221827 (May 23, 2005, N.D. Miss.)
    • Carr v. Northwest Airlines, 2004 WL 1666553 (May 24, 2004, W.D. Tenn.)

Distinctions

  • Best Lawyers in America®
    • Litigation – Labor and Employment, 2019-2023
  • Super Lawyers®
    • Mid-South Super Lawyers, Employment & Labor, 2022
  • Memphis Business Journal, Best of the Bar, 2020
  • Benchmark Litigation
    • Labor & Employment Star, 2021
  • Leadership Academy, Fellow, 2006
  • Student Member, American Inns of Court, Leo Bearman, Sr. Chapter
  • University of Tennessee, Cecil C. Humphreys School of Law, Adjunct Faculty, Legal Methods

Bar Admissions

  • Tennessee, 2002
  • Mississippi, 2003
  • U.S. District Courts
    • Arkansas: Western, Eastern
    • Mississippi: Northern, Southern
    • Tennessee: Western, Middle, Eastern
  • U.S. Court of Appeals
    • 5th Circuit

Education

  • University of Memphis, J.D., honors, 2002
    • Editorial Board, Law Review
    • Chief Justice, Moot Court Board
  • University of Memphis, B.A., Criminal Justice, 1998

Associations

  • American Bar Association
  • Memphis Bar Association
  • Tennessee Bar Association

Papers, Presentations & Publications

  • Presenter, "COVID-19 Vaccine Mandate Update," Tennessee Association for Home Care, November 30, 2021.
  • Presenter, “Attorneys’ 2016 Employment Law Update: Latest from the Tennessee Legislature and Courts.” Webinar, May 2016.
  • Co-Author, "Employers Beware: McDonald’s Memorandum Suggests that the NLRB Intends to Loosen the Standard for When Legally Separate Entities May Be Considered Joint Employers,Workplace, Vol. 2014, No. 11, September 2014.
  • Frequent speaker and presenter on labor and employment issues including: Family Medical Leave Act, Fair Labor Standards Act and employee privacy issues.
  • "Privacy Issues for Schools," February 2011.
  • "Employee Privacy and Social Media Issues," September 2010 and December 2011.
  • "Regulating the ADAAA," June 2010.
  • "Top Ten Ways to Reduce Your Wage and Hour Liability: March 2010.
  • "2009 Employment Law Wrap Up," December 2009.
  • 'Wage and Hour Update," SHRM, April and September 2009.
  • "Mastering the New Family and Medical Leave Act," January and February 2009.
  • "Leave Issues and the FMLA," November 2007.
  • "Hot Topics in Employment Law," 2006.
  • "Immigration Issues with Third Party Employees," 2006.
  • "FLSA and FLMA Update," 2006.
  • "Society for Human Resource Management Online Court Report," Cruz v. Publix Supermarkets, Inc., November 25, 2005.
  • "Should Arbitration Agreements In Employment Agreements Be Enforced Where the Parties Are required to Split Fees," University of Memphis Law Review Vol. 33.

Brent E.

Siler

Overview

Mr. Siler represents clients in employment and commercial litigation matters. In his employment law practice, Mr. Siler advises employers on management issues, including employee discipline, reasonable accommodation, and leave issues and drafts contracts, policies and other employment-related documents. Mr. Siler represents clients in state and federal courts in wage and hour collective and class actions, discrimination, harassment, OSHA, non-competition and employee benefits matters. Mr. Siler also frequently advises employers in litigating non-competition agreements, arbitration, commercial contracts litigation and construction matters. 

Industry

Experience

  • Represented a home health care employer in a collective action with a class of over two hundred class members related to the employer’s use of sleep time.
  • Represented a temporary staffing company in a class action lawsuit brought by the EEOC alleging religious discrimination for refusal to assign a class of temporary workers because of their religious headwear.
  • Represented a county prison system in a class action lawsuit alleging sexual harassment by prisoners against female prison guards.
  • Represented a logistics company in a seven hundred-member hybrid collective/class action involving allegations of improper pay deductions and failure to pay minimum wage.
  • Represented employers in prosecuting and defending non-compete claims.
  • Represented employers in wage and hour collective actions. 
  • Represented employers in labor arbitration and grievance proceedings.
  • Represented and defended clients in all areas of employment litigation including: discrimination, harassment and retaliation lawsuits, non-compete litigation, wage and hour, collective actions, whistleblower claims, ERISA, defamation, and matters. 
  • Obtained summary judgment on behalf of employers in age, race and disability discrimination lawsuits in federal court.
  • Obtained summary judgment in ERISA wrongful denial of benefit case in federal court.
  • Secured "No Cause" findings on behalf of multiple employers in charges brought by the EEOC.
  • Obtained injunctive relief on behalf of employer and employee against non-employee who made threats of violence against the employee.
  • Represented employers in governmental investigations and/or audits by the USDOL and OSHA.
  • Handled litigation-related disputes involving contracts, business torts, and non-compete agreements.
  • Defended clients in medical malpractice personal injury, long-term care and aging services, insurance defense and civil rights claims.
  • Successfully represented owner in construction arbitration involving termination of general contractor.
  • Represented sureties in bond litigation and Miller Act claims.
  • Representative Cases
    • Pennington v. Southern Motion, Inc., 2017 WL 3897166 (Sept. 6, 2017, N.D. Miss.)
    • Vaughn v. Starkville Manor Healthcare, CCC, 2017 WL 1014368 (May 14, 2014, N.D. Miss.)
    • Williams v. Goodyear Tire & Rubber Co., 2012 WL 1228860 (April 11, 2012, W.D. Tenn.)
    • Gauch v. Karamian, 805 F. Supp. 2d 495 (W.D. Tenn. 2011)
    • Life Ins. Co. of North Am. V. Simpson, 2009 WL 2163498 (July 16, 2009, W.D. Tenn.)
    • Glover v. National Union Fire Ins. Co. of Pittsburgh, PA, 2009 WL 3169691 (Sept. 29, 2009, W.D. Tenn.)
    • Levy v. Baptist Mem. Hosp. – North Miss., 2005 WL 1221827 (May 23, 2005, N.D. Miss.)
    • Carr v. Northwest Airlines, 2004 WL 1666553 (May 24, 2004, W.D. Tenn.)

Distinctions

  • Best Lawyers in America®
    • Litigation – Labor and Employment, 2019-2023
  • Super Lawyers®
    • Mid-South Super Lawyers, Employment & Labor, 2022
  • Memphis Business Journal, Best of the Bar, 2020
  • Benchmark Litigation
    • Labor & Employment Star, 2021
  • Leadership Academy, Fellow, 2006
  • Student Member, American Inns of Court, Leo Bearman, Sr. Chapter
  • University of Tennessee, Cecil C. Humphreys School of Law, Adjunct Faculty, Legal Methods

Bar Admissions

  • Tennessee, 2002
  • Mississippi, 2003
  • U.S. District Courts
    • Arkansas: Western, Eastern
    • Mississippi: Northern, Southern
    • Tennessee: Western, Middle, Eastern
  • U.S. Court of Appeals
    • 5th Circuit

Education

  • University of Memphis, J.D., honors, 2002
    • Editorial Board, Law Review
    • Chief Justice, Moot Court Board
  • University of Memphis, B.A., Criminal Justice, 1998

Associations

  • American Bar Association
  • Memphis Bar Association
  • Tennessee Bar Association

Papers, Presentations & Publications

  • Presenter, "COVID-19 Vaccine Mandate Update," Tennessee Association for Home Care, November 30, 2021.
  • Presenter, “Attorneys’ 2016 Employment Law Update: Latest from the Tennessee Legislature and Courts.” Webinar, May 2016.
  • Co-Author, "Employers Beware: McDonald’s Memorandum Suggests that the NLRB Intends to Loosen the Standard for When Legally Separate Entities May Be Considered Joint Employers,Workplace, Vol. 2014, No. 11, September 2014.
  • Frequent speaker and presenter on labor and employment issues including: Family Medical Leave Act, Fair Labor Standards Act and employee privacy issues.
  • "Privacy Issues for Schools," February 2011.
  • "Employee Privacy and Social Media Issues," September 2010 and December 2011.
  • "Regulating the ADAAA," June 2010.
  • "Top Ten Ways to Reduce Your Wage and Hour Liability: March 2010.
  • "2009 Employment Law Wrap Up," December 2009.
  • 'Wage and Hour Update," SHRM, April and September 2009.
  • "Mastering the New Family and Medical Leave Act," January and February 2009.
  • "Leave Issues and the FMLA," November 2007.
  • "Hot Topics in Employment Law," 2006.
  • "Immigration Issues with Third Party Employees," 2006.
  • "FLSA and FLMA Update," 2006.
  • "Society for Human Resource Management Online Court Report," Cruz v. Publix Supermarkets, Inc., November 25, 2005.
  • "Should Arbitration Agreements In Employment Agreements Be Enforced Where the Parties Are required to Split Fees," University of Memphis Law Review Vol. 33.