Stillwagon.Bryan.bio
Bryan Stillwagon

Associate

Phone: 404.567.4372

Fax: 404.567.4416

bstillwagon@shermanhoward.com

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Legal Secretary

Rhonda Houk
404.567.4375

Areas of Emphasis

Labor and Employment

Litigation, Trials and Appeals

Education

  • Juris Doctor, cum laude, University of Georgia School of Law, 2009
    • Articles Editor, Georgia Law Review
  • Bachelor of Arts, International Affairs, minor in Spanish, summa cum laude, University of Georgia, 2006
    • Phi Beta Kappa

Bryan Stillwagon is an Associate in the Labor and Employment Department.  His experience covers a broad spectrum of issues affecting the employer-employee relationship.  In addition to defending against numerous claims brought by plaintiffs and the EEOC under Title VII, the ADEA, and the ADA, Bryan has spent significant time advising and defending clients in exempt status and independent contractor matters under the FLSA on both an individual and collective action basis.

Representative Matters
  • Advise clients on hiring and firing strategies, leave requirements, disability accommodations, independent contractor classification and employee exemption status, and litigation risk management.
  • Prepare EEOC position statements in response to discrimination and retaliation charges and respond to agency requests for information.
  • Perform FLSA audits to assess the risks of misclassification and evaluate the exempt or non-exempt status of technical and individualized positions.
  • Determine the enforceability of restrictive covenants, including covenants not to compete, solicit, and recruit; draft and revise covenants to comply with Georgia’s new Restrictive Covenant Act, as well as the laws of other states.
  • Review employee handbooks and policies to ensure legal compliance and positive employee relations.
  • Achieved favorable settlements in mediations involving discrimination and harassment claims.
  • Wrote appellate briefs in connection with Eleventh Circuit appeal in an ERISA benefits-denial case.
  • Worked on a 350-employee union organizing campaign that resulted in a majority vote against the union in two consecutive years.

 

Professional Activities
  • Admitted Georgia, 2009
  • Member, State Bar of Georgia
  • Member, Atlanta Bar Association
  • Member, Labor & Employment Section of the American Bar Association
Honors and Awards
  • Listed, Georgia Trend’s 2013 Legal Elite
  • Pro Bono Partnership of Atlanta’s Volunteer of the Year, 2012
Publications and Presentations
  • Co-Author, “How Much Leave is Enough? Reasonable Accommodation, Undue Hardship, and the Intersection of the FMLA and the ADA,” Employee Relations Law Journal (Spring 2014)
  • Author,  “Bringing an End to Warrantless Cell Phone Searches,” 42 Ga. L. Rev. 1165 (2008)