Chen is a battle-tested litigator with over a decade of experience counseling and defending nationwide employers on all facets of labor and employment litigation, specializing in wage and hour class actions and restrictive covenant disputes.
In his practice, Chen regularly represents clients confronted with allegations of discrimination, harassment, retaliation, wage and hour violations and other employment disputes involving virtually every federal statute addressing labor and employment issues. Chen also has extensive experience counseling and defending California-based employers in wage-and-hour class actions, collective actions, and representative (PAGA) actions. Additionally, Chen has significant experience advising clients on restrictive covenant issues and disputes in virtually every state, as well as successfully prosecuting and defending restrictive covenant actions in various states from Michigan to Florida.
Chen’s nationwide practice requires him to regularly interface with federal and state government agencies, including the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board, as he defends employers against charges of discrimination, unfair labor practice, and OSHA citations, and helps them navigate the mediation and conciliation process.
Apart from defending and counseling clients on employment disputes, Chen also provides guidance to employers on navigating the everchanging landscape of labor relations for both unionized and non-unionized workforces, He has advised clients on best practices during unionization drives, beating NLRB secret ballot elections, and negotiating new collective bargaining agreements for newly unionized workforces.
Experience
- Successfully resolved dozens of single plaintiff and multi-plaintiff cases in jurisdictions through the country alleging discrimination, retaliation, harassment or other violations of state or federal employment laws.
- Defeated nationwide collective and class certification of wage-and-hour litigation seeking to certify a putative class of over 20,000 distribution center employees for Fortune 100 retailer.
- Defeated California statewide class certification of wage-and-hour litigation seeking to certify a putative class of over 10,000 California-based retail employees for Fortune 100 retailer.
- Defeated petition for preliminary injunction / TRO against hospital system for enforcing its COVID-19 vaccination policy on patient-effacing medical staff.
- Successfully obtained $600,000 settlement as first chair in restrictive covenant litigation in Florida for private equity firm’s landscaping business platform.
- Successfully obtained numerous summary judgment wins in single-plaintiff employment litigation in federal and state courts.
- Lead drafter of amici curiae brief filed with the California Supreme Court in defense of employers’ right to engage in time-rounding practices consistent with federal law.
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Vanderbilt University Law SchoolJD
Dean’s List
2013 - Duke UniversityBSEconomics, BA, Mathematics2010
- Mandarin-Chinese
- Illinois
- Tennessee
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Southern District of Indiana
- U.S. District Court for the Middle District of Tennessee
- U.S. District Court for the Western District of Tennessee
- U.S. District Court for the Eastern District of Wisconsin
- Author, OSHA Announces Targeted Heat and Ergonomic Enforcement in Warehousing and Distribution Industries, McGuireWoods Legal Alert, July 20, 2023
- Author, Divided NLRB Reaffirms Employees’ Right to Wear Union Apparel Absent “Special Circumstances”, McGuireWoods Legal Alert, September 13, 2022
- Author, New Tennessee and Alabama Laws Restrict Employer COVID-19 Vaccination Mandates, McGuireWoods Legal Alert, November 16, 2021
- Author, U.S. Department of Labor Issues New Wage and Hour Opinion Letters, McGuireWoods Legal Alert, June 30, 2020
- Author, DOL Issues Families First Coronavirus Response Act Leave Regulations for Employers, McGuireWoods Legal Alert, April 1, 2020
- Author, Illinois Ban on Employers’ Inquiry or Consideration of Salary History Takes Effect, McGuireWoods Legal Alert, October 4, 2019
- Author, U.S. Supreme Court: Employers Risk Waiving Title VII Charge-Filing Requirement, McGuireWoods Legal Alert, June 5, 2019
- Author, 7th Circuit Rejects Applicant’s Age Bias Theory, McGuireWoods Legal Alert, January 30, 2019
- Author, 7th Circuit Holds That Experience Limits May Violate ADEA, McGuireWoods Legal Alert, May 7, 2018
- Co-author, "Ebola in the Workplace: Balancing the Rights and Responsibilities of Healthcare Workers," ABA Health Law Section eSource, Vol. 10, No. 3, 2014