Melissa M. Shirley

Melissa Morse Shirley is a partner in the Baton Rouge office of Breazeale Sachse, where she has practiced since 2002. As manager of the firm’s Labor and Employment Law team, Melissa brings extensive experience helping employers navigate the complexities of employment law.

Melissa represents a broad range of clients, with particular depth in the healthcare sector. Her practice includes compliance counseling, administrative proceedings, and transactional support, giving clients both practical guidance and strong advocacy. She has defended public and private employers in matters involving Title VII, the ADA, PWFA, FMLA, FLSA, ERISA, and the U.S. Constitution. Her depth of knowledge also includes state-specific employment laws, including wage payment provisions, whistleblower protections, pregnancy accommodation requirements, background check regulations, noncompete restrictions, and a myriad of other statutes unique to Louisiana.

In her traditional labor practice, Melissa regularly advises clients on issues under the National Labor Relations Act, particularly with respect to unfair labor practice charges alleging wrongful or retaliatory discharge, and designing customized union avoidance and compliance programs.

Believing that prevention is the best protection, Melissa partners with employers proactively to reduce legal risk. She counsels clients extensively on day-to-day Human Resources and personnel issues, drafts workplace policies and employee handbooks, conducts compliance audits, and leads management training sessions designed to strengthen workplace practices.

Melissa is also committed to mentoring and developing legal talent. She served for many years on the firm’s Recruiting Committee and previously held the role of Recruiting Partner. Since 2024, she has served as Breazeale Sachse’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

American Health Lawyers Association

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.