Mekesha H. Montgomery
Mekesha is a member of Frost Brown Todd LLC’s labor and employment law practice group and serves as the member-in-charge of the Nashville office. She represents management in the areas of employment discrimination and wrongful discharge. She has successfully represented companies defending against class and collective actions alleging employment discrimination and wage and hour violations, including class actions under the FMLA and collective actions under the FLSA. She has also successfully obtained temporary restraining orders and preliminary injunctions enforcing covenants not to compete and successfully defended employers against allegations of violations of covenants not to compete.
Her practice is devoted not only to defending companies in litigation but also to developing litigation-prevention strategies through advice and counsel and in-house training programs.
Experience
Recent (2008-2011):
Obtained jury verdict for employer in sexual harassment, gender discrimination, age discrimination and retaliation case
Successfully enforced individual employee arbitration agreement resulting in prompt settlement of previously highly contested case
Successfully settled on the eve of trial for nuisance value case where plaintiff had previously demanded a six figure settlement after winning several key pre-trial motions
Obtained preliminary injunction against two former employees violating covenants not to compete
Successfully defeated conditional certification motion for putative FLSA collective action
Older (1999-2007):
Obtained summary judgment for employer in case of first impression in Kentucky state court construing wage statute
Obtained dismissal of case after successfully enforcing arbitration agreement in age discrimination case
Obtained summary judgment in favor of employer in intentional infliction of emotional distress case
Successfully obtained order from United States District Court for D. C. Circuit vacating NLRB order reinstating employee who published newsletter critical to management
Successfully obtained orders in two different cases denying class certification based on alleged FMLA violations
Obtained summary judgment in favor of employer in age, gender and disability discrimination case
Obtained defense verdict in favor of employer at trial in whistleblower action
Memberships & Affiliations
- American Bar Association
- Tennessee, Kentucky and Ohio Bar Associations
- Nashville Bar Association
- Lawyers' Association for Women, Marion Griffin Chapter, Co-chair of Health and Wellness Committee
- Nashville CABLE
- Women Presidents' Organization
Recent Blog Posts
- Justices’ questions indicate that the Supreme Court will side with the employees in Holowecki v. FedEx
- A recent court decision from Tennessee reminds employers that consistency is key when disciplining employees.
- The NLRB Overrules Target Rock in Jones Plastic
- The Tennessee Supreme Court Expands The Time In Which An Employee Can File A Workers’ Compensation Claim When The Employee Suffers From An Occupational Disease In Brown v. Erachem Comilog, Inc.
- Tennessee’s Public Smoking Ban Takes Effect On October 1, 2007
Publications
- New Pro Union Regulations Announced
- The Tennessee Supreme Court Expands Workers' Compensation Statute of Limitations
- An Ounce of Prevention: Training and Policies Can Help Stop Sexual Harassment Before It Starts and Could Limit Your Company’s Exposure If It Does Happen.
- The Uniformed Services Employment and Reemployment Rights Act of 1994
- ALP: I have employees currently serving on active duty in the military. What do I need to know about the recent changes to the Uniformed Services Employment and Reemployment Rights Act?
Press Releases
Civic & Charitable Organizations
- Nashville Habitat for Humanity – Administration Committee
- Bowling Green/Warren County Habitat for Humanity – Board Member
- Middle Tennessee Society for Human Resource Management
- Nashville Chamber of Commerce – HR Building Blocks Task Force
