Garen E. Dodge is a Principal in the Washington, D.C. Region, office of Jackson Lewis P.C. He is Leader of the firm's Government Relations practice, and co-coordinator of the firm's Government Contracts industry group. He is also a co-coordinator of the firm's Background Checks industry group.
Mr. Dodge's diverse practice covers the spectrum of labor and employment litigation. His recent victories include serving as lead counsel in a jury trial alleging defamation in Fairfax, Virginia Circuit Court, obtaining an injunction in DC federal court in a non-compete case, and prevailing in a five day arbitration involving allegations of age and national origin discrimination. Throughout his career, he has served as counsel of record in seminal U.S. Supreme Court and appellate cases as Amicus Curiae. Mr. Dodge advises clients on issues involving privacy, discrimination, background checks, harassment, wage and hour, and occupational safety and health. He assists companies in establishing workplace programs, and trains supervisors and employees on effective personnel policies. He represents clients before Congress and key federal agencies on labor and employments issues, and has testified before agencies such as the U.S. Commission on Civil Rights.
Mr. Dodge is a frequent speaker before industry and other groups on employment topics. He is the author or (co-author) of many publications, including the book Winning the War on Drugs: the Role of Workplace Drug Testing.
Mr. Dodge served as an Attorney-Advisor for the U.S. Department of Labor, Office of the Secretary, Benefits Review Board from 1982-1985.
Honors and Recognitions
•Lawdragon 3000 Leading Lawyers
•SmartCEO “Go To Lawyers”
• Using Background Checks in Making Hiring Decisions, WMACCA Newsletter (March 15, 2013) [Co-Author]
• United States: Ledbetter Act Prompts EEOC To Give Aggrieved Employees New Chance To Sue In Closed Cases, Mondaq (8/4/2009) [Author]
• The Employee Free Choice Act, WMACCA (March 23, 2009) [Co-Author]
• Fair Pay Act Impacts Compensation Recordkeeping, Business & Legal Reports (SHRM) (February 2009) [Quoted In]
• Privacy Expectations of Job Applicants: Tips for Employers in Conducting Background Checks, The Metropolitan Corporate Counsel (January 2008) [Author]
• WARN Act Class Action Status Sought in Aegis Mortgage Company Bankruptcy, Bankruptcy Protector (Sept 7, 2007) [Author]
• Privacy Expectations of Job Applicants: Tips for Employers in Conducting Background Checks, Privacy & Data Security Law Journal (September 2007) [Author]
• Thinking of Accepting Advertising from a Federal Agency? Understand OFCCP Affirmative Action Requirements First, Mass Media Update (Summer 2007) [Author]
• Managing Volunteer Firefighters for FLSA Compliance: A Guide for Fire Chiefs and Community Leaders, International Association of Fire Chiefs, Volunteer & Combination Section (November 2006) [Co-Author]
• Trainees and Students Under the Fair Labor Standards Act: Must They Be Provided Overtime? The Metropolitan Corporate Counsel 14.8 (August 2006) [Author]
• Deducting Losses from Employee's Salary Jeopardizes FLSA Status, Workplace Trends (June 2006) [Author]
• Driver Use of Cell Phones: Steering Clear of Liability, Bus & Motorcoach News (June 1, 2006) [Author]
• Employer Monitoring of Employee Phone Conversations Requires Planning, Privacy in Focus (June 2006) [Co-Author]
• Instant Message Use in the Workplace - Strategies for Managing Privacy and Other Legal Risks, Privacy in Focus (June 2005) [Author]
• DOL Opinion Letter Expands Marketers' Use of Motor Carrier Exemption from FLSA Overtime Requirements, PMAA Journal (Spring 2005) [Author]
• DOL's Proposed FLSA White Collar Exemption Revisions Face Challenge in Congress (November 2003) [Author]
• Keeping Your Company's Holiday Party out of the Newspaper Headlines, Workplace Trends (November 2003) [Author]
• How Franchisors and Franchisees Can Work Together on Employment Issues, Franchising World (October 2003) [Co-Author]
• Can Employers Reclassify Employees as Exempt Executives? A Closer Look at the Fourth Circuit's Ruling that Expands the FLSA Exemption, Workplace Trends (August 2003) [Co-Author]
• How to Draft Compensation Agreements for Bonus and Commission-Based Employees without Violating Wage Payment Laws, Workplace Trends (June 2003) [Author]
• Workplace Privacy: Steps Your Company Can Take to Reduce the Risk of Litigation (Feb 28, 2003) [Author]
• Beyond Big Brother: the New World of Workplace Privacy (2002) [Author]
• Lesson of the Supreme Court's New Sexual Harassment Rulings, Employment Testing Law & Policy Reporter (1998) [Author]
• The Fair Labor Standards Act: A Compliance Manual for Emergency Personnel, International Association of Fire Chiefs (1998) [Author]
• Transportation Law Safety Compliance Handbook, Petroleum Marketers Association of America (1996) [Author]
• Employment Law for Petroleum Marketers, Petroleum Marketers Association of America (1995) [Author]
• Employee Selection and Title VII of the Civil Rights Act: The Legal Debate Surrounding Selection Criteria, Validation and Affirmative Action, Policy Issues in Employment Testing (1994) [Co-Author]
• Drug Free Workplace Kit, National Association of Manufacturers (1990) [Co-Author]
• Winning the War on Drugs: The Role of Workplace Testing, Employment Policy Foundation (1989) [Co-Author]
• Criminal Prosecutions for Occupational Injuries: An Issue of Growing Concern, Employee Relations Law Journal (1987) [Co-Author]
• State and Local Laws Regarding Drug Testing of Employees, Bureau of National Affairs (1987) [Author]
Speeches and Presentations
• Checking In on Background Checks: How the EEOC and States Are Restricting Their Use, (September 1, 2012) Webinar
• EEOC Issues New Enforcement Guidance on Use of Arrest and Conviction Records in Employment, (June 6, 2012) Presentation
• Due Diligence, Background Checks and Employment: Protecting the Safety of Employees, Customers and At-Risk Populations, (March 13, 2012) Washington, D.C.
April 18, 2016
Congress Seeks to Block 'Persuader' Rule
April 18, 2016
Republicans in the House of Representatives have introduced a joint resolution (H.J. Res. 87) expressing congressional disapproval and seeking to block implementation of the United States Department of Labor's controversial Final Rule relating to “persuader” activity under the Labor-Management Reporting and Disclosure...
March 29, 2016
Retail Employer Workplace News - Spring 2016
March 29, 2016
OSHA's Relaxed Whistleblower Pleading Standards May Bring More ComplaintsRetailers face a possible increase in whistleblower complaints under new guidance from the Occupational Safety and Health Administration that relaxes the standard for investigators tasked with determining whether a whistleblower statute has been violated....
March 22, 2016
Senate Bill Takes Aim at 1, 933% Increase in Data Collection Proposed in EEO-1 Pay Data Revisions
March 22, 2016
Senate Bill 2693, the “EEOC Reform Act, ” would put a halt to implementation of the proposed pay data revisions to the EEO-1 report so the Equal Employment Opportunity Commission instead can focus on the tremendous backlog of “76, 408” discrimination charges pending at the close of fiscal year 2015.The bill,...
Understanding the Fair Pay and Safe Workplaces (Blacklisting) Executive Order: 10 Steps Contractors Should Take
When June 30, 2015 - 2:00 PM to 3:00 PM EST
2014 Mid-Term Election: Expectations from the 114th Congress
When January 9, 2015 - 1:00 PM to 1:00 PM