Alan M. Bayless Feldman is of counsel in Steptoe's Phoenix office. His practice focuses on employment law and labor relations, as well as counseling and representing clients in litigation matters. His general commercial litigation experience includes various matters involving contract disputes, business torts, and legal malpractice.

Employment Litigation and Counseling
Mr. Bayless Feldman defends employers against claims of harassment, and discrimination based on disability, gender, age, race, national origin, and religion. He also represents companies in cases involving allegations of unequal pay, overtime and wage law violations, defamation, and wrongful termination. He assists companies with workforce reduction planning and counsels management on trade secret protection, non-compete contracts, employee discipline, and human resource policies. Mr. Bayless Feldman practices before all pertinent agencies, including the Equal Employment Opportunity Commission, the Civil Rights Division of the Arizona Attorney General’s Office, the Texas Workforce Commission Civil Rights Division, the Utah Labor Commission Antidiscrimination & Labor Division, and the Oregon Bureau of Labor and Industries.

Mr. Bayless Feldman’s trial experience includes successfully defending a major Arizona employer in a dispute over workers’ compensation premiums based on whether the individuals at issue were employees or independent contractors. After bench trial, the Court ruled in favor of the employer, rejecting the opposing party’s claim of more than $4.5 million. He also obtained summary judgment for another major Arizona employer involving claims under the Americans With Disabilities Act, which has been upheld by the Ninth Circuit Court of Appeals. Mr. Bayless Feldman further successfully defended a high-level executive against claims from his former employer that he should not be permitted to work for a competitor based on a non-competition agreement executed during his previous employment.

Labor Relations
Mr. Bayless Feldman represents employers in all areas of labor relations. His in-depth experience over many years includes: providing advice to employers facing union organization campaigns as well as successfully managing those campaigns; training supervisors how to lawfully interact with employees and avoid unfair labor practice charges; creating union avoidance programs for employers to educate employees about union issues and improve morale; assisting employers during union elections and post-election objection procedures; defending employers in representation and unfair labor practice proceedings; drafting post-hearing and exception briefs filed with the NLRB Division of Judges and the NLRB; and interpreting and negotiating collective bargaining agreements.

Mr. Bayless Feldman’s trial experience includes successfully defending a large health care employer during a 4-month NLRB hearing against multiple unions’ discrimination, joint employer, subcontracting, coercion, and interference claims arising from the unions’ multi-year organization campaign. He also successfully defended a large retail employer during an NLRB hearing against claims that the employer failed to bargain and unilaterally implemented changes to employee benefits.