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Bret G. Daniel Associate

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Richmond T +1 804 775 4740 F fax +1 804 698 2060
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Bret focuses his practice on all aspects of employment litigation and traditional labor matters. He has litigated a spectrum of single-plaintiff, multi-plaintiff, and collective/class action cases in both federal and state court. In addition, Bret regularly represents clients before administrative agencies such as the EEOC, DOL, and NLRB.

In his traditional labor practice, he has experience representing management in union elections, defending unfair labor practice charges, and advising clients on union avoidance, CBA administration, and labor law generally. He also counsels clients regarding employment policies, regulatory compliance, workplace safety, accommodation and leave issues, employee mobility, and other workplace matters.

Employment Litigation

Bret has extensive experience defending employers against claims under federal and state law, including claims involving:

  • The Fair Labor Standards Act (FLSA)
  • Virginia Overtime Wage Act (VOWA)
  • Title VII
  • 42 U.S.C. § 1981 (Section 1981)
  • Equal Pay Act (EPA)
  • Age Discrimination in Employment Act (ADEA)
  • Americans with Disabilities Act (ADA)
  • Family and Medical Leave Act (FMLA)
  • 42 U.S.C. § 1983 (Section 1983)
  • Various state law claims, including breach of contract, wrongful termination, and other tort claims arising out of workplace conflicts

Traditional Labor

Bret is an advocate for management, whether already unionized or trying to stay union-free. He advises clients on union avoidance, effective campaign strategies, labor relations, and CBA administration. Bret also represents clients before the NLRB and in labor arbitrations.

Advice and Counseling

In addition to his litigation and traditional labor practices, Bret serves as a resource to his clients on a wide range of labor and employment issues, including employee handbooks, personnel policies, hire/discipline/termination decisions, regulatory compliance, workplace safety, accommodation and leave issues, workplace investigations, restrictive covenants and other employment agreements, reductions in force, and other workplace matters.

Bret also conducts workplace trainings, such as anti-harassment and anti-discrimination training, best practices for workplace investigations, and labor relations for supervisors.

Bret graduated from the University of Richmond School of Law, where he was a John Marshall Scholar and served as an articles & comments editor for the University of Richmond Law Review. Before attending law school, Bret spent four years in sales and as a capital equipment consultant for acute care hospitals and inpatient, outpatient, and compounding pharmacies.

Experience

  • Successfully defended a stack testing client in a union campaign against the IBEW, resulting in the employer’s victory in the election. The Union filed an objection to the election results, which the Regional Director ultimately overruled following a hearing on the matter. While the election objection was under review, the Union also filed an unfair labor practice charge. As a result of our response to the unfair labor practice charge, it was withdrawn by the union.
  • Secured dismissal with prejudice of putative Title VII class action brought against national energy company.
  • Obtained summary judgment for national bank in Title VII and ADEA case in federal court.
  • Secured summary judgment in multiple cases for Virginia universities, including cases involving sexual harassment, equal pay, and gender discrimination brought in federal court.
  • Obtained summary judgment for state agency in equal pay case in federal court.
  • Defended energy client in wage and hour collective actions involving hundreds of putative class members, and in some instances, multiple allegedly joint employers.
  • Represented and advised tree-clearing, utility, and manufacturing clients during union campaigns.
  • Defended health system against dozens of vaccine-related religious discrimination claims under Title VII and free exercise claims under the United States and Virginia Constitutions.
  • Served on the Virginia Overtime Wage Act (“VOWA”) work group under the Virginia Secretary of Labor.