Melissa M. Shirley

Melissa Morse Shirley is a seasoned labor and employment attorney and a partner in the Baton Rouge office of Breazeale, Sachse & Wilson, L.L.P., where she has practiced since 2002. As manager of the firm’s Labor and Employment Law team, Melissa brings decades of experience guiding employers through the complex and ever-evolving landscape of employment law.

Melissa represents a diverse range of clients, with a particular focus in the healthcare industry. Her practice spans compliance counseling, administrative proceedings, and transactional support, offering clients both strategic guidance and strong advocacy. She has successfully defended employers—both public and private—in cases involving Title VII, the ADA, FMLA, FLSA, ERISA, the U.S. Constitution, and corresponding state employment laws. Her deep knowledge of Louisiana-specific employment statutes—including wage payment laws, whistleblower protections, pregnancy requirements, background checks, and noncompete laws.

In her traditional labor law practice, Melissa regularly represents clients concerning matters arising under the National Labor Relations Act, particularly with respect to unfair labor practice charges alleging wrongful or retaliatory discharge. She has also designed and led union avoidance and compliance programs tailored to individual workplace dynamics.

With a strong belief that the best legal defense is prevention, Melissa partners with clients to minimize legal risks before they arise. She advises on day-to-day Human Resources and personnel issues, drafts policies and handbooks, leads management training sessions, and conducts compliance audits that help organizations stay ahead of regulatory challenges.

Melissa has played a key role in the development of firm talent, serving on Breazeale, Sachse & Wilson’s Recruiting Committee for many years and previously holding the position of Recruiting Partner. Since 2024, she has also served as the firm’s General Counsel.

Practice Areas

• Labor & Employment

Education

Paul M. Hebert Law Center, Louisiana State University, J.D., 1997

Louisiana State University, Speech & Communication, minor in Political Science, 1993

Admissions

Louisiana 1997, including all state, federal and appellate courts throughout Louisiana, as well as the Federal Fifth Circuit Court of Appeal.

Professional Associations

Baton Rouge Bar Association

Louisiana State Bar Associations, Labor and Employment Section

Member of the Fifth Circuit Bar Association

Federal Bar Association

Community Involvement

CABL Leadership Class

Baton Rouge Area Chamber Leadership Program

International Hospitality Foundation, hosting and shepherding students from abroad

Honors and Awards

Named "Lawyer of the Year" in Employment Law - Management in Baton Rouge by Best Lawyers (2024)

Selected by her peers for inclusion in The Best Lawyers in America® (Since 2019)

Selected as a Recognized Practitioner in Louisiana Labor & Employment Law by Chambers USA (2007, 2015, 2016)

2010 Recipient of the Top Forty Under Forty, Baton Rouge Business Report

AV^® Preeminent^TM Peer Review Rated.

Publications

Presentations

Representative Matter

Litigation:

• 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.
• Unanimous jury verdict for gaming industry client involving allegations of sex discrimination, harassment and retaliation.
• Obtained Judgment as a Matter of Law in extended multi-defendant jury trial for nursing home concerning alleged race discrimination.
• Secured zero damage award for retail client held to have violated the NLRA.
• Obtained significant defense awards of costs and attorneys fees in numerous cases for health care, financial and gaming industry clients sued under a variety of federal and state discrimination laws.
• Successfully resolved potentially expansive class litigation against a hospital pursued by the Equal Employment Opportunity Commission.
• Obtained summary dismissal of numerous significant cases handled for health care, retail, financial and gaming industry clients, including cases involving race discrimination and harassment; sex discrimination and harassment; retaliation; whistleblower claims; pregnancy discrimination; age discrimination and harassment; disparate pay; defamation; drug testing; constitutional claims of equal protection and violation of due process.
• Counsel on appeal of several significant state and federal jury awards which were vacated by the Court of Appeal.

Board/Administrative Proceedings:

• Successfully defended healthcare organization in one of the first non-union NLRB charges to be brought against the industry in the region.
• 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.
• Assisted in defeating organizing effort for gaming industry clients.
• Defeated multiple unfair labor practice charges brought against construction industry as well as other clients in connection with representation proceedings.
• Successfully defended hundreds of Charges of Discrimination filed with the Equal Employment Opportunity Commission. No “cause” determinations issued against any client to date.
• Defeated discrimination charges against secondary education facilities filed with the Department of Education.
• Successfully mediated matters before the Equal Employment Opportunity Commission when such was consistent with clients’ goals.