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Thomas P. Gies

Partner

tgies@crowell.com
Phone: +1 202.624.2690
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Thomas P. Gies is a founding member of Crowell & Moring's Labor & Employment Group.

Tom has been interested in workplace issues for many years. This may be the result of reading Upton Sinclair's The Jungle at an impressionable age, or having a summer job working the swing shift at a cardboard box factory in eastern Kansas. Tom's 30 plus years of experience in labor and employment law reflects the growth and diversity of issues facing compliance-focused employers. 

Tom has twice argued cases in the Supreme Court of the United States. The first involved a labor dispute growing out of the Russian invasion of Afghanistan (Jacksonville Bulk Terminals v. ILA, 457 U.S. 702 (1982); Allied Int'l v. ILA, 456 U.S. 212 (1982)). The second concerned the scope of ERISA's civil enforcement provisions. LaRue v. DeWolff, Boberg & Associates, 128 S. Ct. 1020 (2008).

Tom has handled labor union disputes at coal mines in Kentucky, chemical plants in Buffalo, textile mills in North Carolina, and at call centers in suburban Chicago and St. Louis. He has litigated employment law cases in courts throughout the country, including trying four cases to verdict. Tom has also argued 18 appeals in various federal appeals courts.

Tom has extensive experience in wage hour litigation. In October 2011, Tom led a trial team that obtained a defense verdict in an FLSA misclassification collective action case in federal court in Dallas, TX. Tom also led a team of C&M lawyers that obtained decertification of a nationwide collective action involving off-the-clock work in Zivalil v. AT&T Mobility

Tom has litigated cases involving a wide range of ERISA issues, with particular emphasis on fiduciary breach claims. He has experience in counseling and litigating disputes arising under employment agreements, including trade secret theft, and non-compete issues. 

Tom is an adjunct scholar with the American Enterprise Institute for Public Policy Research. He is also a member of the U.S. Chamber of Commerce Labor Relations Committee and Bloomberg BNA's Labor & Employment Advisory Board.

Tom chaired Crowell & Moring's Labor and Employment Group for 20 years. Before joining the firm in 1983, Tom practiced labor law with Seyfarth Shaw in Washington and Chicago.

Education

  • University of Notre Dame (1972)
  • The George Washington University Law School (1976)

Affiliations

Admitted to practice: District of Columbia, the Supreme Court of the United States

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"The New Wage and Hour Administrator of the United States Department of Labor Issued Three New Opinion Letters," Labor & Employment Law Alert - US (July 15, 2019). Contacts: Eric Su, Jillian Ambrose, Thomas P. Gies, Ira M. Saxe
Client Alert/Newsletter
"Third Thursday--C&M’s June Labor & Employment Update: Supreme Court Watch 2019 – A Recap and a Look Forward," Crowell & Moring Webinar (June 20, 2019). Presenters: Thomas P. Gies, David McFarlane, Suzanne Rode, and Jillian Ambrose.
Speech/Presentation
"Third Thursday--C&M’s May Labor & Employment Update: Website Accessibility and Other Developments in ADA Compliance and Litigation," Crowell & Moring Webinar (May 23, 2019). Presenters: Thomas P. Gies, Glenn D. Grant, and Christine B. Hawes.
Speech/Presentation
"A Nail in the Coffin? Another California District Court Finds That Employee Non-Solicitation Agreements Are Void Under California Law," Labor & Employment Law Alert - US (May 9, 2019). Contacts: Thomas P. Gies, Suzanne E. Rode
Client Alert/Newsletter
"Ninth Circuit Determines That Dynamex Independent Contractor Test Applies Retroactively," Labor & Employment Law Alert - US (May 3, 2019). Contacts: Thomas P. Gies, Kris D. Meade, Suzanne E. Rode
Client Alert/Newsletter
"Supreme Court Gives Businesses a Win in Mandatory Arbitration Dispute," Labor & Employment Law Alert - US (April 25, 2019). Contacts: Thomas P. Gies, Ira M. Saxe
Client Alert/Newsletter
"Third Thursday--C&M’s April Labor & Employment Update: “Check” It Out – Avoiding Illegal Practices in Employee Background Checks," Crowell & Moring Webinar (April 18, 2019). Presenters: Thomas P. Gies, Christine B. Hawes, and Jillian Ambrose.
Speech/Presentation
"FLSA ‘Regular Rate’ – DOL Provides Retailers with First Proposed Rules in Over 50 Years," Crowell & Moring's Retail & Consumer Products Law Observer (April 8, 2019). Authors: Thomas P. Gies and Kimberley Johnson.
Publication
"DOL Proposes Rules to Clarify FLSA 'Regular Rate'," Labor & Employment Law Alert - US (April 4, 2019). Contacts: Thomas P. Gies, Kimberley Johnson
Client Alert/Newsletter
"Third Thursday--C&M’s March Labor & Employment Update: Risks and Benefits of Artificial Intelligence and Big Data in Recruiting, Hiring, and Employment," Crowell & Moring Webinar (March 28, 2019). Presenters: Thomas P. Gies, Kris Meade, Rebecca Springer, and Christine B. Hawes.
Speech/Presentation

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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