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.
Primary Area(s) of Practice
- Labor & Employment
- ADA Compliance & Defense
- COVID-19: Labor & Employment
United States District Court for the Western District of North Carolina
- 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
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.
Campbell University School of Law
Juris Doctor, 2011
Wake Forest University
Bachelor of Arts in Political Science, 2004