PRACTICE AREAS
Melissa Morse Shirley, a partner in the Baton Rouge office, practices in the areas of labor and employment law, including litigation, transactional, administrative and counseling matters. Her clients include petrochemical companies, health care industry organizations, gaming industry companies, retail businesses, food service industry clients, financial institutions, contractors, universities, law firms and a number of governmental entities. Ms. Shirley became a Partner with Breazeale, Sachse & Wilson in 2002. She has served on the Firm’s recruiting committee since 1999 and currently serves as the firm’s Recruiting Partner. In the area of litigation, Ms. Shirley has defended a wide variety of both corporate and public employers in cases involving Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act, the United States Constitution, as well as correlative state employment discrimination, benefit and wage related laws. Ms. Shirley also has extensive experience litigating issues under employment statutes unique to Louisiana, including Louisiana’s pregnancy leave statutes, anti retaliation/whistleblower provisions, wage payment laws, drug testing and noncompete statutes. In her traditional labor law practice, Ms. Shirley has assisted clients before the National Labor Relations Board in connection with representation proceedings, unfair labor practice charges and back pay specifications. She has also conducted extensive training and developed tailored programs designed to assist companies in preventing or prevailing in union organizing campaigns and unfair labor practice proceedings. Because the proverbial ounce of prevention is key in today’s litigious workforce, Ms. Shirley assists and counsels clients on day-to-day employee relations in order to prevent disputes on the front end, and to ensure compliance with the demanding and always evolving labor and employment laws. Through the drafting of policies, employee and management training, and employer audits and counseling, Ms. Shirley has developed and helped to implement preventive programs tailored to individual clients’ organizational needs. EducationAdmitted to practice: Louisiana 1997, including all state, federal and appellate courts throughout Louisiana, as well as the Federal Fifth Circuit Court of Appeal. Paul M. Hebert Law School, Louisiana State University, J.D., 1997 Louisiana State University, 1993, (Speech & Communication, minor in Political Science) Professional AssociationsBaton Rouge Bar Association Louisiana State Bar Associations, Labor and Employment Section PublicationsBSW Labor & Employment Section Newsletter: “Focus on the FMLA” Coauthored paper and presentation - BSW Labor and Employment Law Seminars:
Authored “A Word of WARNing in the Aftermath of Katrina,” advising corporations regarding WARN Act implications of Katrina Authored “More on USERRA Posting Requirements,” in the aftermath of Katrina Authored Article published by ABC & GBRIMA: “Management Alert - Court Issues Word of Caution to Industrial Owners and Contractors” Coauthored paper and presented overview of harassment and discrimination laws as well as the FMLA during national gaming client multi-property management conference Participated in numerous Lorman Education Services Programs concerning Employment and Labor Law issues. Focus on harassment and discrimination. PresentationsPresentation to petrochemical and construction industry sponsored jointly by Associated Builders and Contractors and Greater Baton Rouge Industrial Managers Association: “Common Law Employment: Compliance or Catastrophe” Presentation to South Central Industrial Association on multiple employment topics Developed and executed comprehensive management training for 300+ gaming industry managers Invited to speak to Fortune 500 construction company concerning common law employment and recent impacts on the industry Representative MattersLitigation: Successfully defended petrochemical facility facing recent trend of employees of third party contractors attempting to obtain ERISA and other benefits from the client company. Prevailed at trial and on appeal, thereby defeating what promised to be an expansive representative action. Represented significant construction corporation which sued union and its business agent following aggressive tactics by organizer which jury found in violation of the law. Monetary damages awarded. Obtained Judgment as a Matter of Law for retail industry client sued for breach of alleged employment contract and stock options. Obtained Judgment as a Matter of Law in extended multi-defendant jury trial concerning alleged race discrimination. Secured zero damage award for retail client held to have violated the NLRA. Successfully resolved potentially expansive class litigation pursued by the Equal Employment Opportunity Commission. Defeated significant union organizing efforts for construction industry client in Dallas, Texas. Defended Louisiana health care industry clients against organizing efforts directed toward the nursing profession. Defeated multiple unfair labor practice charges brought against construction industry as well as other clients in connection with representation proceedings. Successfully mediated matters before the Equal Employment Opportunity Commission when such was consistent with clients’ goals.
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