Jennifer Lankford


Jennifer M. Lankford is an associate attorney at Thompson Burton, focusing her practice on labor and employment law.

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J.K. Simms


J.K. Simms is a Partner at Thompson Burton and leads the firm’s employment law practice.

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Why Your Company Needs an Employment Lawyer When Faced with an EEOC Charge of Discrimination


Abraham Lincoln is credited with saying “he who represents himself has a fool for a client.”  I believe the same is true for any company that does not enlist the services of an employment lawyer to represent it in matters before the U.S. Equal Employment Opportunity Commission (“EEOC”). The EEOC is the agency responsible for enforcing federal laws prohibiting discrimination against job applicants and employees because of the person’s race, sex (including pregnancy), national origin, religion, color, age (40 or older), disability or genetic information.  In 2012, the EEOC received nearly 100,000 charges of discrimination.  That is an increase of approximately 33% over the number of charges filed in 2006, and is the most charges filed in the history of the organization. If your company has never had to respond to a Charge of Discrimination, congratulations…….and knock on wood.  In all likelihood, it is just a matter of time before […]

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FIVE WIDESPREAD MYTHS ABOUT OVERTIME COMPENSATION UNDER THE FAIR LABOR STANDARDS ACT


Fully understanding the overtime compensation provisions of the Fair Labor Standards Act (“FLSA”) is a tall order.  Several times a week, I have to correct a misconception concerning a wage and hour issue.  The fact is most employers continue to operate under false assumptions or misunderstandings about the Act’s requirements concerning overtime compensation.  Employers do so at their own potentially costly peril. In recent years, investigations by the Department of Labor have dramatically increased.  In addition to the potential costs and exposure (not to mention administrative headaches) that may result from a DOL investigation, employers who do not comply with the Act face the possibility of class action lawsuits.  In addition to the company being forced to hire an attorney to defend such a lawsuit, among the damages available to a plaintiff in a FLSA lawsuit are backpay damages, liquidated damages of double backpay for willful violations, prejudgment interest.  Additionally, […]

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U.S. Supreme Court Ruling Provides Tactical Guidance in FLSA Collective Action Cases


As the United State Supreme Court gears up to begin a new term next month, I want to revisit one of the more notable employment law decisions from last year’s term.  The United States Supreme Court issued an opinion that handed a victory to employers and also provided some tactical guidance to those of us who represent employers in lawsuits filed under the Fair Labor Standards Act (“FLSA”).   Before I discuss the case, let me begin with a little bit of an introduction or refresher on the FLSA. Most of you are at least somewhat familiar with the FLSA.  Among other things, this law provides legal recourse for employees who are not paid the federally mandated minimum wage and for those non-exempt employees who are not paid time and a half for hours worked in excess of forty hours per week. Lawsuits under the FLSA continue to rise each year.  […]

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