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Thomas P. Gies

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Partner
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Areas of Focus

Overview

Companies need experienced counsel to address the ever-changing dynamics of the modern workplace. That’s Tom Gies. Tom serves as a strategic partner to leading companies by helping them achieve their business objectives with creative solutions to complex labor and employment law challenges.

Tom has 40 years of experience in litigating complex labor and employment law disputes for companies across a range of industries. He approaches litigation with a singular focus on developing thoughtful, aggressive strategies to achieve the client’s objectives. His experience includes five jury trials, two U.S. Supreme Court arguments, 18 federal appellate court arguments, and more than a hundred trial court and arbitration matters. Tom has deep experience with a wide range of labor and employment law issues, including wage and hour class and collective actions, employee mobility, whistleblower retaliation, business restructuring issues, EEO and disability claims, and employee benefits disputes. Tom's traditional labor counseling practice has focused on helping companies develop and implement strategies in situations involving operational restructurings, facility closures, subcontracting of bargaining unit work, and responding to work stoppages.

Tom’s litigation experience guides his approach in advising companies in employment law regulatory compliance engagements and in handling sensitive internal investigations. Tom is the founder of Crowell & Moring’s Labor and Employment practice, which he led for 20 years.

Career & Education

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    • University of Notre Dame, 1972
    • The George Washington University Law School, J.D., 1976
    • University of Notre Dame, 1972
    • The George Washington University Law School, J.D., 1976

    • District of Columbia
    • Florida
    • Supreme Court of the United States
    • District of Columbia
    • Florida
    • Supreme Court of the United States

Thomas's Insights

Client Alert | 7 min read | 08.16.24

From the Administrative State to the Wild West? What Employers Should Know About the Shifting Administrative Law Landscape

Over the past several years, federal courts have increasingly questioned the authority of administrative law judges (ALJs) to adjudicate alleged violations of certain labor and employment statutes.  In the last several weeks, two U.S. district courts in Texas issued decisions halting unfair labor practice proceedings before the National Labor Relations Board (NLRB) on the grounds that NLRB ALJs lack the constitutional authority to preside over such actions due to unconstitutional protections against their removal.[1]  Similarly, the last year has seen several decisions by courts in the Fifth and Eleventh Circuits finding that ALJs, whose decisions are not reviewable by a Presidential appointee, lack constitutional authority under the Appointments Clause to adjudicate claims.[2]  The trend illustrated by these decisions, combined with the Supreme Court’s decision in June to abandon the Chevron doctrine of extending deference to federal agency rule-making proceedings, portend significant changes in the way employers interact with federal agencies that enforce labor and employment law. ...

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Insights

Client Alert | 7 min read | 08.16.24

From the Administrative State to the Wild West? What Employers Should Know About the Shifting Administrative Law Landscape

Client Alert | 35 min read | 07.11.24

The Supreme Court’s Double Hammer to Agencies: Loper Bright and Corner Post Set New Precedents for Challenging Federal Agency Action

Client Alert | 5 min read | 06.24.24

Supreme Court Holds That Traditional, Four-Part Preliminary Injunction Standard Applies to National Labor Relations Act Injunctions

Client Alert | 5 min read | 05.02.24

DOL Issues Final Rule Increasing Salary Threshold for FLSA Exemptions
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Practices

Industries

Thomas's Insights

Client Alert | 7 min read | 08.16.24

From the Administrative State to the Wild West? What Employers Should Know About the Shifting Administrative Law Landscape

Over the past several years, federal courts have increasingly questioned the authority of administrative law judges (ALJs) to adjudicate alleged violations of certain labor and employment statutes.  In the last several weeks, two U.S. district courts in Texas issued decisions halting unfair labor practice proceedings before the National Labor Relations Board (NLRB) on the grounds that NLRB ALJs lack the constitutional authority to preside over such actions due to unconstitutional protections against their removal.[1]  Similarly, the last year has seen several decisions by courts in the Fifth and Eleventh Circuits finding that ALJs, whose decisions are not reviewable by a Presidential appointee, lack constitutional authority under the Appointments Clause to adjudicate claims.[2]  The trend illustrated by these decisions, combined with the Supreme Court’s decision in June to abandon the Chevron doctrine of extending deference to federal agency rule-making proceedings, portend significant changes in the way employers interact with federal agencies that enforce labor and employment law. ...

View All Insights