Don Benson is a partner in the Atlanta office of Hall Booth Smith. Mr. Benson is a senior litigator with over twenty years experience in labor and employment law representing management clients in the avoidance, resolution and litigation of employment disputes. He has frequently appeared before federal and state courts across the country and before federal and state investigative agencies including: OSHA, the EEOC and the Department of Labor. Mr. Benson also has extensive experience in mediation and arbitration and is available as a trained mediator.
Mr. Benson graduated from Henderson High School in Atlanta, Georgia; Davidson College in Davidson, North Carolina; the University of Georgia in Athens, Georgia; and the University of Utah in Salt Lake City, Utah. He worked as a judicial clerk for the U.S. District Court for the Eastern District of Tennessee under the Honorable James H. Jarvis and the Honorable Robert L. Taylor.
Don Benson represents construction clients in claims development and construction arbitration and litigation including: claims for unpaid invoices and wrongfully withheld retainage, extra work and changes, delay and disruption, lost productivity, differing site conditions, performance deficiencies, and default proceedings.
Mr. Benson represents employers in the full range of labor and employment law issues including: race, sex, age, national origin, religion, disability and sexual orientation discrimination, harassment and retaliation; federal and state wage and hour law compliance including miss-classification, off the clock work, regular rate calculation, and meal break and rest periods; Equal Pay under Title VII and the Equal Pay Act; USERRA; FMLA; the Americans With Disabilities Act; the Fair Credit Reporting Act, HIPAA and privacy protections; DOT Drug Testing; layoffs and reductions in force; severance agreements and releases; OSHA; ERISA benefit claims; union avoidance; mediation and arbitrations in both unionized and union free environments; NLRA 301; diversity and affirmative action initiatives; breach of contract and franchise agreements; state torts including invasion of privacy, fraud, assault and battery, false imprisonment, defamation, negligent hiring and retention; worker's compensation, drafting and litigation of restrictive covenant agreements including non-competes, non-solicitation of customers and confidential information protections; executive contract drafting and negotiation; due diligence review of Collective Bargaining Agreements, restrictive covenants and employment litigation.
Mr. Benson is a frequent speaker and trainer on a wide variety of employment law topics including: wage and hour compliance, enforcement of restrictive covenants including non-competes, RICO/Immigration class actions, and FMLA compliance.
He is a prolific author and consulted as a national expert on the subject of pandemic preparation and communicable diseases in the workplace, focusing on how and when employers may aggressively manage attendance and prevention issues as part of their over-all crisis and natural disaster plans. Mr. Benson helps company management plan to maintain efficient operations during a health emergency in light of numerous, often conflicting legal demands on employers to protect the workforce from the spread of disease while also respecting employee privacy and the myriad complexities of leave, benefit, insurance and accommodation concerns that can arise in such a fluid crisis environment.
Don Benson is a senior employment law litigator helping management clients avoid, resolve, and prevail in employee disputes involving the full range of employment and labor issues. Don also advices employers on immigration compliance issues, social security no-match letters, I-9 training, RICO/Immigration lawsuit trends and defense, and discrimination and reverse discrimination claims based on national origin, religion, race, sex, and cultural diversity issues arising in the context of immigration regulations and an increasingly diverse workforce.
Don Benson is an experienced employment lawyer with transactional experience including: due diligence review of corporate acquisitions and divestitures; drafting, resolving and litigating executive contracts and compensation plans; restrictive covenant drafting and enforcement; employee benefit compliance with ERISA; company structuring with regard to independent contractor status under IRS, worker's compensation, unemployment, and employment liability risks; minority business status; government contractor compliance, franchise and licensing agreements.