Brian A. Vandiver

Counsel

Bar Admissions: Arkansas

Education

B.A., Hendrix College, 1997
J.D., UALR William H. Bowen School of Law, 2000
Admitted to practice in Arkansas, 2001
Admitted, U.S. District Court for Eastern and Western Districts of Arkansas, 2001
Admitted, U.S. Court of Appeals for the Eighth Circuit, 2003

Professional Experience

Mr. Vandiver primarily represents employers in all areas of labor and employment law.  His clients range from some of the largest employers in the state to the smallest.  His clients are both self-insured employers and insured employers with EPLI (employment practices liability insurance) coverage.  He routinely advises, trains, and represents management in all areas of labor and employment law litigation and compliance.  His specific practice areas include:

• Arkansas common law (including at-will employment, wrongful discharge, defamation, negligent hiring/retention, outrage, employee theft and fraud, invasion of privacy)
• Background and Reference Checks (including the FCRA and state laws)
• Business Restructuring (including reductions in force or RIFs, WARN Act, and employment related aspects of corporate acquisitions)
• Class Action Avoidance and Defense
• Compliance Assistance (including employee handbook drafting and review, supervisor training, internal investigations, and general daily advice)
• Contingent Workforce (including temporary employees and independent contractors)
• Employee benefits litigation (ERISA)
• Employment Contracts
• Employment Discrimination (race, gender, religion, national origin, disability, age, military service, and other classes protected by state or federal law), including EEOC Charges and litigation based upon termination, failure to hire, failure to promote, harassment, failure to accommodate, unequal pay, and retaliation (Title VII, ADA, ADEA, USSERA, Arkansas Civil Rights Act)
• Family Medical Leave Act (FMLA)
• Immigration Audits and I-9 Compliance
• Labor Management Relations (including union avoidance, elections, and contract/CBA negotiations)  (NLRA)
• Unemployment Benefits
• Unfair Competition (including non-competition agreements and trade secret misappropriation)
• Wage and Hour (including DOL investigations and litigation of claims of unpaid overtime, miscalculated overtime, and exemption misclassification) (FLSA)
• Workers’ Compensation
• Workplace Safety (OSHA, MSHA)

Mr. Vandiver served as a Judicial Clerk for the Honorable United States District Court Judge Stephen M. Reasoner (2000-2001).  He has also served as an Adjunct Faculty Member for the UALR William H. Bowen School of Law, teaching Employment Law (spring 2006, spring 2008) Disability Law (fall 2003, fall 2009), and Employment Discrimination Law (spring 2009).

Other Activities

Best Lawyers in America – Labor and Employment Law (2008 – present); Mid-South Super Lawyers – Labor and Employment Law (2009 – present); Arkansas Bar Association (Labor and Employment Section, Mock Trial Committee (2004-05 Chair), House of Delegates (2003 – 2009 and current Tenured Delegate) PAC Executive Committee, Golden Gavel Award (2005)); Defense Research Institute (Employment Law Committee); The Federalist Society; The Christian Legal Society; Human Resource Management Association of Arkansas (member and Counsel to the Board); Society for Human Resource Management; Central Arkansas Human Resource Association; West Central Arkansas SHRM; North Central Arkansas SHRM; United States Commission on Civil Rights, Arkansas State Advisory Committee; Judge Henry Woods Inn of Court; Special Olympics of Arkansas, Board of Directors (2006 – present and 2011-2012 Chairman of the Board); Greers Ferry Lake Yacht Club; Central High School Mock Trial Team Attorney Coach (2005 – 2011); UALR School of Law Moot Court Attorney Coach – Robert F. Wagner Labor and Employment Competition (2008 – 2010); Named to the 2010 “Forty Under Forty” class by Arkansas Business.

Publications

Brian A. Vandiver, Annual Survey of Caselaw, Employment and Disability Law, 22 U. Ark. Little Rock L. Rev. 823 (2000); Contributor to Barbara T. Lindemann and Paul Grossman, Employment Discrimination Law (ABA Section of Labor and Employment Law 4th ed. 2007); Brian A. Vandiver, The New ADA – A Tabula Rasa?, The Voice Volume 7, Issue 28 (Defense Research Institute July 16, 2008); Brian A. Vandiver, The ADAAA Final Regulations: What Changed From The Proposed Regulations?, The Job Description, Volume 23, Issue 2 (Defense Research Institute May 6, 2011).