ARMIN J. MOELLER, JR., is a Partner in the firm's Jackson, Mississippi office. His practice focuses primarily on labor relations and employment law issues, but includes health law, business litigation, arbitration and contracts.
Armin represents employers in maintaining non-union status, collective bargaining negotiations and arbitration. He defends employers against harassment, discrimination and retaliation claims; handles EEOC, NLRB, OSHA and other agency claims through judicial process; drafts and defends employment severance, noncompetition and confidentiality contracts; employment standards and affirmative action; advises clients regarding federal contractor compliance issues; and conducts client/management training programs.
Armin was listed in 2010 and again in 2011 in Human Resource Executive's "Top 100: The Nation's Most Powerful Employment Attorneys." He has been listed in each edition of The Best Lawyers in America since 1988 and in Band 1 for Labor & Employment Law in Chambers USA America's Leading Lawyers for Business, Labor & Employment: The Client's Guide. According to Chambers and Partners, USA, 2010 edition, clients say Armin is "'brilliant, knowledgeable and extremely easy to work with'" and they "highlight his presentation skills and ability to 'express points succinctly.'"
Armin is also a member of the Health Law Practice group representing numerous hospitals, associations and state agencies in labor and employment law matters, contract disputes and contract negotiations for healthcare claims administrative services; and is a member of the Business Litigation group representing business organizations in county, state and federal courts including the Fifth and Seventh Circuit Court of Appeals and the U.S. Supreme Court.
REPRESENTATIVE EXPERIENCE
Union
· Successfully defended a business organization against a Union demand for enforcement of "neutrality agreement" through the U.S. court of Appeals for the Fifth Circuit.
· Negotiated collective bargaining agreements for numerous companies in a variety of industries
· Advised construction clients in establishing union and non-union companies and drafted union project agreements throughout the United States
· Removed engineering/manufacturing facility from UAW master auto agreement and negotiated 60% reduction in wage rates
· Defeated unionization efforts among employees in industries including packaging, food service, aerospace, healthcare, wastewater treatment, construction, processing and marine service
· Represented numerous employers against ULP charges including Fortune 500 company in terminating two employees for strike misconduct; prevailed in two separate arbitrations and unfair labor practice proceeding
· Prepared and conducted training programs to address early warning signs of union activity, lawful communications with employees concerning union activity and efforts in dissuading employees from interest in unions.
· Advised clients regarding underfunding withdrawal liabilities
General Labor & Employment Issues
· Argued and won before the U.S. Court of Appeals for Fifth Circuit employer favorable interpretation of FMLA regulations.
· Defended numerous clients against wrongful termination, race, sex, religion, age, disability, sexual/workplace harassment discrimination and retaliation claims including:
· Defeated workers compensation and race discrimination claims on basis an employee's hanging was result of his own prank; defeated state court action on his subsequent termination claim
· Defeated race and First Amendment claims by an Asst. Dir. of Nursing and persuaded court to award sanctions
· Received defense jury verdict on race/sex claims by Assistant State Superintendent of Education
· Compelled arbitration of four employees' claims of sex discrimination, hostile work environment and retaliation against Fortune 100 Company and prevailed on all claims in arbitration
· Represented Fortune 100 company in arbitration of claims of race, sex and hostile work environment discrimination and retaliation; arbitrator dismissed all claims and required claimant to pay one-half of all arbitration costs
· Defended successful resolution of ADA epileptic seizure cases for a major manufacturer
· Defended clients against OSHA and MSHA violations.
· Analyzed legal issues relating to Fortune 100 Company's race and gender pay equity plan
· Developed protocol for pre-employment testing programs; applicant post-offer screening guidelines; employment agreements; company policies/handbooks including HIPAA, FLSA and USERRA guidelines; management training programs; employee training programs; ADR programs including binding arbitration and jury trial waivers for numerous companies.
· Represented numerous employers in enforcement of non-compete/confidentiality agreements
· Conducted investigations for employers regarding employee conduct/misconduct including time clock discrepancies; wrongful use of company equipment; distribution of confidential company information; surreptitious videos; employee altercations; ADA claims; FMLA claims; and DOL charges.
Business Services and Litigation
· Lead counsel for State of Mississippi in termination of information technology software/integrated systems contract and filed suit for compensatory and punitive damages; jury awarded $474,534,692.00 - Successfully settled case within five days for $185,000,000.
· Negotiated information technology project agreements with leading technology companies for state agencies
· Negotiated healthcare claims administrative services contract with leading healthcare provider covering over 80,000 public employees
· Represented union and non-union companies in plant/facility restructuring/ down-sizing/closing selling/acquisitions including compliance with WARN Act, union negotiations regarding shutdown agreements, phase out of operations, financing and contract negotiations.
· Successfully represented business in bid protests against federal agencies
· Successfully mediated numerous construction contract and other business agreement disputes
· Advised healthcare clients and prepared physician recruiting, employment and severance agreements
· Advised clients and prepared deferred compensation agreements
Professional Activities
· Listed in Human Resource Executive's " Top 100: The Nation's Most Powerful Employment Attorneys," 2010 & 2011
· Listed in Band 1 of Chambers USA, America's Leading Lawyers for Business, Labor & Employment
· Listed in The Best Lawyers in America, 1988 Edition - Present
· Fellow, College of Labor and Employment Lawyers
· Fellow, Mississippi Bar Foundation
· Past Chair, Summer School for Lawyers, Mississippi Bar Association
· Past Chair, Labor & Employment Law Section
· Program Chair, Multi-State Seminar (1984-2010)
· Past President, Mississippi Defense Lawyers Association
Other Distinctions
· Trial Attorney, National Labor Relations Board (1972 to 1975)
· Adjunct Professor at Mississippi College School of Law (1976 to 1985)
News
August 12, 2011, Balch Ranks Among the Top in Mid-South Super Lawyers 2011
June 16, 2011, Armin Moeller Honored as Top 100 Most Powerful Employment Attorneys
October 14, 2010, Armin Moeller Selected as one of Mississippi's Top 50 Attorneys for Leadership in Law "Class of 2010"
July 08, 2010, Armin Moeller Listed in Human Resource Executive's Top 100: The Nation's Most Powerful Employment Attorneys
Publications
2010, Trustee Resource Manual, Mississippi Council of Hospital Trustees.
Armin J. Moeller, Jr.
2009, Enforcement of Arbitration Agreements in Mississippi. The Mississippi Lawyer
Armin J. Moeller, Jr.
2001, Teamwork and Technology Reduce Massive Case to Manageable Size. Lawyers Weekly USA
Armin J. Moeller, Jr. (author)
October 2000, How We Achieved a $474,539,652 Verdict for the State of Mississippi. S.E. Association of Tax Administrators
Armin J. Moeller, Jr. (author)
October 19, 2000, Basic Labor Law Principles Under the National Labor Relations Act.
Armin J. Moeller, Jr.
June 15, 2000, Prepare Your Work Place for New Liability Risks Posed by Workplace E-mail and Internet Usage. CEM Personnel Law Update
Armin J. Moeller, Jr. (author)
1999-2004, Mississippi Employment Law Practice Handbook.
Armin J. Moeller, Jr. (Contributor)
1998, MHA "How to Carry Out the Hospital's Mission Without Liability: Legal Issues for the Hospital Trustee" and the Trustee Record Book.
Armin J. Moeller, Jr. (author)
October 8, 1997, Today's Employment Law Challenges. MAPA Annual Conference
Armin J. Moeller, Jr. (author)
October 7, 1997, Today's Ethical Considerations in Employment Law. NBI Defending Wrongful Discharge Claims Seminar
Armin J. Moeller, Jr. (author)
July 1997, Employment Law: What Every Practitioner Should Know - Recent Trends in Mississippi Employment Law. The Mississippi Lawyer
Armin J. Moeller, Jr. (author)
April 30, 1997, Health Insurance Portability and Accountability Act. MHA Society for Human Resources Administration
Armin J. Moeller, Jr. (author)
1978-2005, The Developing Labor Law.
Armin J. Moeller, Jr. (Chapter Editor)
Mississippi Employment Law Practice Handbook, Contributor (1999-2004).
Armin J. Moeller, Jr. (author)
September 24, 1997, A Happy Birthday, You're Fired. CEM Personnel Law Update
Armin J. Moeller, Jr. (author)
December 11, 1998, ADA and Selected Issues in Disability Law. Public Sector Human Resource and Employment Forum
Armin J. Moeller, Jr.
October 27, 1997, Aggressive Return to Work Policies. CEM Personnel Law Update
Armin J. Moeller, Jr. (author)
Speaking Engagements
July 13, 2010, Employing Social Media to Build Customer Satisfaction and Community Outreach
June 15, 2010, Limiting Your Risk From Anger, Harassment Based Employer Claims
June 9, 2010, Identifying and Assisting the Impaired Healthcare Worker
April 16, 2010, Top Strategies For Negotiating EHR Agreements
February 18, 2010, Employing Social Media to Build Customer Satisfaction and Community Outreach
February 3, 2010, Recent Developments in Labor and Employment Law
October 10, 2009, Today's HR Issues in Healthcare
October 9, 2009, EEOC Charge Intake Surge and Beefed-Up Budgets at DOL, OSHA, OFCCP: What Will This Mean for Employers?
October 9, 2009, Retirement Plan Freeze, Pay Cuts, Furloughs: How to Cut Costs and Keep People You'll Need When the Economy Recovers
October 8, 2009, Claim and Litigation Risk Management in a Challenging Environment
October 8, 2009, Should You Implement an Employment Claims Arbitration Process or Other Dispute Resolution Process?
September 28, 2009, Labor and Employment Litigation Claims and Forecasting
September 27, 2009, Conducting Effective and Defensible Investigations
September 27, 2009, Recent Developments in Labor and Employment Law
September 23, 2009, Today's HR Issues in Healthcare
September 23, 2009, When She Blows the Whistle
July 17, 2009, Today's Cutting Edge Arbitration Issues
April 29, 2009, Employment Challenges in a Changing Political Environment
April 16, 2009, The New Labor, Employment and Staffing Challenges
November 6, 2008, Corporate Campaigns Against Healthcare Facilities
September 23, 2008, Today's Union Challenges to Hospitals
September 22, 2008, Cutting Costs Through Mediation
September 22, 2008, Union Organizing in 2009 and Beyond
June 18, 2008, In-House Counsel, ESOP's, Minority Business Enterprises and Professionalism
April 24, 2008, Anatomy of a Handbook
June 27, 2007, Professionalism v. Puffery Pretense and Private Investigations
March 3-9, 2007, Are You Looking at Me? Should the Surveillance Rights of Unions and Employers be Subject to the Same Standard?
March 4, 2007, Are You Looking at Me? Should Surveillance Rights of Unions and Employers be Subject to the Same Standards?
February 28, 2007, Investigation and Discipline for Misconduct in Today's Environment
October 2006, "Fundamentals of the Employment Cycle"
October 03, 2006, "Stay Out of Court (Most of the Time)"
October 03, 2006, "Today's Issues for Health Care Employers"
October 02, 2006, "Back to Basics: Critical Considerations for Safely Hiring & Firing Employees"
October 02, 2006, "Recent Developments in Employment Law"
October 02, 2006, "The Art of Investigation"
October 02, 2006, "Today's Issues for Health Care Employers"
September 01, 2006, "Recent Developments in Employment Law"
September 01, 2006, "Staying Out of Court: Can We Require Employees to Arbitrate?"
August 11, 2006, Professional Considerations in Counseling Clients and Participating in Client Misconduct Investigations
July 03, 2006, "Arbitration Agreements: What's Enforceable & What's Not"
June 7, 2006, Professional Considerations in Counseling Clients and Participating in Client Misconduct Investigations
May 03, 2006, "Litigating for the Sovereign on a Contract Dispute: The State of Mississippi vs. American Management Systems, Inc."
April 24, 2006, Disaster Planning and Emergency Response Management
April 11, 2005, The Enforcement of Arbitration Agreements Today and Taking Your Case Before an Arbitrator
February 3, 2005, Today's and Tomorrow's Employment Challenges
July 7-10, 2004, Some Personal Reflections of Labor & Employment Law
May 18, 2004, The Art of Investigating: Doing it Right, But When Wrong, Explaining it in Legally Defensible Terms
April 16, 2004, Employment Arbitration/ADR: Worthwhile or Worthless?
April 5, 2004, The Enforcement of Arbitration Agreements Today and Taking Your Case Before an Arbitrator
July 08, 2002, "Labor and Employment Law Claims and Damages: What's Hot and What's Not"
June 27, 2002, "Ensuring Legal Compliance with, FMLA, ADA, Pregnancy, Workers' Comp and State Leave Laws"
April 19, 2002, "Labor and Employment Trends in Uncertain Times"
April 19, 2002, "Mandatory Arbitration of Employment Claims: What's Available after EEOC v. Waffle House, Inc.?"
April 19, 2002, "Recent NLRB Developments Affecting Union and Non-Union Work Places"
March 12, 2002, "Wage and Overtime Class Actions: Minimizing Your School District's Liability"
February 20, 2002, "The Legal Landscape of Union Organizing at Mississippi Public Universities"
November 15, 2001, "How to Recruit and Retain the Best Employees in the 21st Century"
October 25, 2001, "Is There a New Approach to Conflict Resolution? Discover How Mediation and ADR Can Be Effectively Used"
July 17, 2001, "Employment Law Trends: Tranquility or Career Impairing (or Ending) Claims in Your Future?"
April 06, 2001, "The Most Disturbing Labor and Employment Law Developments: Will the Bush Administration Make a Difference?"
October 04, 2000, "Personal Liability Issues of the Third Millennium"
September 08, 2000, "Conducting Effective Investigations"
August 24, 2000, "Employment Law Trends in Healthcare Human Resources"
June 15, 2000, "Prepare Your Work Place for New Liability Risks Posed by Workplace E-Mail and Internet Usage"
May 27, 1999, Seizing the Emerging Trend in Liability Prevention...
May 07, 1999, "Monitoring Monica (or Listening to Lewinsky): Legal and Ethical Issues in Surreptitious Tape Recording"
February 18, 1999, "Monitoring Monica (or Listening to Lewinsky): Legal and Ethical Issues in Surreptitious Tape Recording"
January 07, 1999, "How to Avoid Union Organizing and What to do if You Learn of Organizing Efforts"
January 07, 1999, "How to Conduct Background Checks"
December 11, 1998, "ADA and Selected Issues in Disability Law"
"Applicant and Employee Background/Reference Checks"
"Conducting Effective Performance Appraisals in Today's Litigious Environment"
"Internal Ethics Programs..."
"Investigating Employee Complaints"
"Managing Anger and Violence: Security Concerns at the Workplace"
"Managing Employee Compensation, Payroll and Overtime Without Violating Expansive State and Federal Laws"
"Practical and Strategic Approaches to Successful Employment Litigation"
"Understanding the Family and Medical Leave Act: How it Works and What you Need to Know to Meet its Requirements"
"Employment Related State Law Claims"
"Family and Medical Leave Act"