Philip Hinson

Partner

Phil Hinson is a partner in the Charlotte office of Lewis Brisbois and a member of the Labor & Employment and ADA Compliance & Defense Practices. He primarily devotes his legal practice to management-side employment law litigation and advice and counseling, and to matters involving ADA-related compliance including defense of public accommodations and public entities.

Phil represents clients in all aspects of litigation and agency proceedings in cases involving the full spectrum of claims for discrimination, harassment, retaliation, failure to accommodate, violation of wage and hour laws, and breach of contract under federal and state law. He leads and co-leads litigation defense, develops strategy, manages discovery, directs case management, and directs motion practice.

Phil advises and counsels clients on best practices for avoiding litigation and on employee-related policies and procedures, including handbook analyses for compliance with state and federal laws, exemption status analyses, wage and hour compliance, drafting handbooks and policies, providing legal compliance training, and developing appropriate restrictive covenants to protect trade secrets and commercially valuable business information. Phil regularly advises on employee discipline and termination decisions, compliance with leave laws such as the FMLA, and navigation of the ADA’s interactive process to evaluate reasonable accommodation requests.

In addition to management-side employment law litigation and advice and counseling, Phil has experience representing clients in matters involving:

  • Compliance with the Americans with Disabilities Act (ADA) and applicable state and local disability codes;
  • Defense of clients that are classified under Title III of the ADA as public accommodations and Title II public entities against ADA lawsuits and Department of Justice (DOJ) proceedings;
  • Compliance with standards, regulations, policies, and interpretations promulgated under the Federal Occupational Safety and Health Administration (OSHA) and state OSHAs;
  • Matters arising under the Fair Housing Act;
  • Litigation implicating trade secrets, non-compete, non-solicitation, and other restrictive covenant issues;
  • Wage and hour class action litigation; and
  • Complex business and commercial litigation.

Phil has been recognized in the area of Employment & Labor by North Carolina Super Lawyers from 2014 to 2022 as a “Rising Star,” and by Best Lawyers in 2022 for Employment Law – Management.

Before entering private practice, Phil gratefully served as a law clerk for Senior United States District Court Judge Graham C. Mullen in the United States District Court for the Western District of North Carolina.

Phil is a busy husband and father. His two young boys are always into something. He is a pretty good amateur Golden Retriever trainer, he enjoys history, trivia, and nature, and he accidentally turned a childhood hobby into a series of entrepreneurial pursuits.

Professional Presentations

Phil provides training seminars to clients on a variety of employment-related topics such as:

  • The ADA’s reasonable accommodation duty and interactive process;
  • Intersection of the ADA and FMLA;
  • Retaliation avoidance strategies; and
  • Effective anti-harassment policies and procedures.

Admissions

  • State Bar Admissions
    • North Carolina
  • United States District Courts
    • United States District Court for the Eastern District of North Carolina
    • United States District Court for the Middle District of North Carolina
    • United States District Court for the Western District of North Carolina
  • United States Courts of Appeals
    • United States Court of Appeals for the Fourth Circuit

Admissions

North Carolina

United States District Court for the Western District of North Carolina

Associations

  • North Carolina State Bar
  • North Carolina Bar Association
  • Mecklenburg County Bar

Awards & Honors

  • Super Lawyers® Rising Star, Employment & Labor 2014-2022
  • “Best Lawyers in America,” Employment Law - Management, 2022

Education

Campbell University School of Law

Juris Doctor, 2011

Wake Forest University

Bachelor of Arts in Political Science, 2004

Representative Matters

  • Successfully defended employers against administrative charges alleging various wage and hour violations
  • Successfully obtained injunctions on behalf of employers in non-compete and restrictive covenant claims
  • Successfully obtained dismissal with prejudice of disparate pay, disparate discipline, failure to promote, hostile work environment, retaliation, and FMLA claims on behalf of employer in federal court
  • Successfully obtained dismissal with prejudice of all claims, including Title VII and state law claims, on behalf of employer in federal court
  • Successfully obtained pre-filing injunction on behalf of employer against litigant who repeatedly filed meritless and repetitive employment discrimination and Employee Retirement Income Security Act “ERISA” actions in federal and state courts
  • Successfully obtained dismissal with prejudice of all Title VII claims brought against employer by former employee in federal court
  • Successfully defended employers in litigation involving Title VII and FMLA claims in federal court
  • Successfully defended employers in litigation involving wrongful discharge claims in state court
  • Successfully defended employers against charges of discrimination pending before U.S. Equal Employment Opportunity Commission
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