Bryan Stillwagon is an Partner in the Labor & Employment Group of Thompson Hine LLP in Atlanta. His experience covers a broad spectrum of issues affecting the employer-employee relationship. In addition to defending employers against numerous claims brought by plaintiffs and the EEOC under Title VII, the ADEA, and the ADA; Mr. Stillwagon has spent significant time advising and defending clients in exempt status and independent contractor matters under the FLSA on both an individual and collective action basis. He was listed in Georgia Trend’s 2013 Legal Elite and has co-authored numerous articles including “Customer’s Harassment of Waitstaff Serves up Lawsuit for Restaurant”, Georgia Restaurant Association Knowledge Center and “How Much Leave is Enough? Reasonable Accommodation, Undue Hardship, and the Intersection of the FMLA and the ADA,” Employee Relations Law Journal. He is admitted to practice in Georgia and is a member of the State Bar of Georgia, the Atlanta Bar Association, the American Bar Association, the Georgia Hotel & Lodging Association, and the Georgia Restaurant Association. Mr. Stillwagon earned his J.D., cum laude, from the University of Georgia School of Law and his B.A. in International Affairs with a minor in Spanish, summa cum laude, from the University of Georgia.
- Juris Doctor, cum laude, University of Georgia School of Law, 2009
- Bachelor of Arts, International Affairs, minor in Spanish, summa cum laude, University of Georgia, 2006
- Advise clients on hiring and firing strategies, leave requirements, disability accommodations, independent contractor classification and employee exemption status, and litigation risk management.
- Prepare EEOC position statements in response to discrimination and retaliation charges and respond to agency requests for information.
- Perform FLSA audits to assess the risks of misclassification and evaluate the exempt or non-exempt status of technical and individualized positions.
- Represent clients in restrictive covenant disputes involving the enforceability of covenants not to compete, solicit, recruit, and disclose; draft and revise covenants to comply with Georgia’s Restrictive Covenant Act, as well as the laws of other states.
- Review employee handbooks and policies to ensure legal compliance and positive employee relations.
- Achieved favorable settlements in mediations involving discrimination and harassment claims.
- Wrote appellate briefs in connection with Eleventh Circuit appeal in an ERISA benefits-denial case.
- Worked on a 350-employee union organizing campaign that resulted in a majority vote against the union in two consecutive years.
- Listed, Georgia Trend’s 2013 Legal Elite
- Pro Bono Partnership of Atlanta’s Volunteer of the Year, 2012
Publications & Press
- Customer’s Harassment of Waitstaff Serves up Lawsuit for Restaurant – written by Bryan Stillwagon for the Georgia Restaurant Association’s Legal Knowledge Center
- Co-Author, “How Much Leave is Enough? Reasonable Accommodation, Undue Hardship, and the Intersection of the FMLA and the ADA,” Employee Relations Law Journal (Spring 2014)
- Bryan Stillwagon’s article “Minimize Risk When Using Delivery Workers” for the Georgia Restaurant Association
- Author, “Bringing an End to Warrantless Cell Phone Searches,” 42 Ga. L. Rev. 1165 (2008)