John W. Simmons

John W. Simmons represents management clients in all aspects of employment litigation in federal and state courts in Tennessee and Mississippi, advises clients on employment law and labor relations matters and represents clients in administrative proceedings such as those before the U. S. Equal Employment Opportunity Commission, the Office of Federal Contract Compliance Programs with the U. S. Department of Labor, and the Tennessee Department of Labor and Workforce Development, Occupational Safety & Health (TOSHA), as well as other federal and state agencies. Mr. Simmons was admitted to practice law in Tennessee in 1986 and in Mississippi in 1988.

Mr. Simmons is a past chair on the Employment Law Committee of the Section of International Law and Practice of the American Bar Association. Mr. Simmons authored the following: Plan of Attack: Evaluating the Litigating Non-Compete Cases, Employment & Labor Relations Law (ABA Section of Litigation, Spring 2007, Vol. 5, No. 3); and the international employment 2001 and 2002 year-in-review articles for the Section of International Law and Practice’s quarterly publication, The International Lawyer (Summer 2002, Vol. 36, No. 2; Summer 2003, Vol. 37, No. 2). Mr. Simmons was past editorial board member of The Mississippi Labor Letter (1995-2000).

Mr. Simmons has participated in presentations on the prevention of workplace harassment; the prevention of sexual abuse of children in churches, schools, and other similar organizations; best practices for the hiring process; defending workers’ compensation claims; current topics in employment law (including social media issues), how to implement a reduction in the workforce and the enforcement of non-compete and confidentiality agreements.

Mr. Simmons carries the peer rating of “AV” as reflected in Martindale-Hubbell.

Recent presentations:

• The Hiring Process: Best Practices for Managing Risk and Maximizing Success in a Constantly Changing Legal Environment (August 10, 2011)
• Defending Workers' Compensation Claims under Tennessee Law (June 8, 2011)
• Current Topics in Human Resources and Employment Law (October 13, 2011)
• Employment Law and Social Media (April 23, 2012)
• Contingent Workforce Issues (April 24, 2012)
• Religious Discrimination and Harassment (May 15, 2012)
• OSHA Compliance Programs and Ethics (November 16, 2012)
• Restructuring: What Every HR Professional Needs to Know (May 2, 2013)
• FLSA Overtime Claims and Collective Actions - Strategies for Prevention and Defense (June 26, 2013)
• FLSA Overtime Claims and Collective Actions - Strategies for Prevention and Defense (Golden Triangle HR Association, May 2014)
• It’s a Labor of Love: Littler Lawyers Answer Your Most Burning Labor & Employment Questions (Memphis, TN February 8, 2018)
• Workforce Management: Compliance Trends and Strategies ADP/HR Professionals Magazine Breakfast Briefing (Memphis, TN April 20, 2017)
• Accommodating Leave SHRM-Memphis (2017 Half-Day Legal Seminar March 21, 2017)
• The Election Is Over: What's Next (Memphis, TN December 1, 2016)
• Best Practices in Correcting FLSA Compliance Problems – Both Out of Court and In Litigation (Memphis, TN February 4, 2015)
• How to Keep Your CEO Out of Jail (Memphis, TN November 20, 2013)

Published articles:

• Investment Advisors at Risk in Unfair Labor Practices Disputes (Journal of Corporate Renewal, January, 2012)
• Restructuring: What Every HR Professional Needs to Know (HR Professionals Magazine, June, 2013)
• Plan of Attack: Evaluating and Litigating Non-Compete Cases (Employment & Labor Relations Law, Vol. 5, No. 3 Spring 2007)
• Employee Whistleblower Protections and Recent Developments for Public Companies (HR Professionals Magazine, April 2018)
• Customer's Conduct Arguably Created Hostile Work Environment (SHRM® Employment Law, April 13, 2021)
• Title VII Required Temporary Duty and Time to Express Breast Milk (SHRM® Employment Law, October 13, 2021).