Timm W. Schowalter practices all facets of employment and labor law. Mr. Schowalter represents closely-held businesses, publicly-held companies, financial institutions, governmental agencies, nonprofit organizations, professionals and other individuals in defending employment discrimination claims arising under Title VII, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Fair Labor Standards Act, Executive Order 11246, the Family and Medical Leave Act, and the Occupational Safety and Health Act. Mr. Schowalter has investigated and litigated employment claims on behalf of management before federal and state courts and administrative agencies throughout the country. Mr. Schowalter has extensive experience in employment related business litigation including non-competition, trade secrets, confidentiality, sales commission disputes, minority shareholder/member disputes, and breach of employment contract actions.

In addition to representing employers in court, Mr. Schowalter consults in developing and implementing labor relations/human resources management processes to ensure compliance with federal and state employment laws. Mr. Schowalter routinely provides day-to-day counseling on a variety of employment issues such as disciplinary proceedings, wage and hour laws, affirmative action, family and medical leave, employee privacy, drug testing, prevailing wage, and occupational safety. Mr. Schowalter drafts personnel policies, employment contracts, severance agreements, safety manuals, affirmative action plans, non-competition agreements and employee handbooks. He regularly speaks at seminars for management associations and conducts training on an individualized basis for employers to aid in their understanding of employment law requirements.

Mr. Schowalter also advises public and private employers in traditional labor matters under the National Labor Relations Act, Railway Labor Act, and state meet and confer laws. He partners with clients on drafting and implementing effective union avoidance programs, union organizing campaigns, and negotiating collective bargaining agreements. Mr. Schowalter represents clients before National Labor Relations Board and National Mediation Board in unfair labor practice proceedings and on objections to elections including pre and post-election conduct. He provides day-to-day advice on variety traditional labor law issues such as NLRA compliance, defeating secondary boycotts, negotiating and implementing project labor agreements, and David-Bacon and Service Contract Act compliance. Mr. Schowalter has a broad range of experience in defending employers in labor arbitrations, providing legal advice regarding strikes, and in obtaining state and federal court injunctions.

Mr. Schowalter is a mediator with the Missouri Bar, United States District Court for the Eastern District of Missouri, and the Circuit Courts of St. Louis City and St. Louis County.

Primary Practice Areas

• Labor and Employment
• Business Litigation
• Business Formation

Bar Admissions

• United States Court of Appeals, Eighth Circuit, 2005
• United States District Court, Eastern District of Missouri, 1996
• United States District Court, Southern District of Illinois, 2002
• United States District Court, Central District of Illinois, 2002
• United States District Court, Eastern District of Arkansas, 2000
• United States District Court, Western District of Arkansas, 2000
• Supreme Court of Missouri, 1996
• Supreme Court of Illinois, 1997

Education and Academic Honors

• J.D., University of Missouri-Columbia, 1996
• B.A., Philosophy, Southeast Missouri State University, 1992

Representative Reported Cases

• Davis v. St. Louis Public Schools, U.S. Supreme Court Case No. 04-743 (2004)
• Horton v. American Railcar Industries, Inc., 214 F.Supp.2d 921 (E.D. Ark.2002)
• Sacharnoski v. Capital Consolidated Inc., 187 F.Supp.2d 843 (W.D. Ky. 2002)
• Damon v. American Rail Car Industries, Inc., 2002 WL 340792 (E.D. Ark. 2001)
• Lovan v. American Rail Car Industries, Inc., 2001 WL 1873148 (E.D. Ark. 2001)
• Blandin v. Marriott International, Inc., 1997 WL 581562 (E.D. Mo. 1997)
• Blandin v. Marriott International, Inc., 1997 WL 416465 (E.D. Mo. 1997)

Representative Clients

• APAC, Inc.
• Apple Media d/b/a St. Louis Kids Magazine
• Boys Hope Girls Hope
• Brickey's Stone, LLC
• CHE Consulting, Inc.
• Dirt Cheap, Inc.
• Garden Valley Manor and Rehabilitation Center, LLC
• Health Care Management, Inc.
• Herman Area Hospital
• Hit-N-Run Convenient Stores
• Jaffe Lighting
• Jeffery Smith Company
• MAYCO Industries
• Mount Auburn Medical Group
• Nurses To Go, LLC
• Pancake Ranch Restaurant
• PD Properties, LLC
• Pipe Solutions, LLC
• Precision Furniture Installation
• Save-A-Lot, Ltd.
• Sigma-Aldrich
• Spencer Auto Glass, Inc.
• St. Louis Internal Medicine
• White Oak Manor
• Wilson Manufacturing, Inc.
• U-Gas, Inc.

Selected Lectures and Publications

• Staying Union Free: A Perspective of the State of the Unions and Their Calculated Resurgence in America, USLAW Network, Inc. Employment & Labor Law Conference, Austin, TX, March 2006
• The Fair Labor Standards Act, contributing author, BNA Books, 2005-06 supplement
• Retaliation Claims Under Federal and State Law, The Missouri Bar Labor and Employment Law Symposium, October 2005
• "Supporting Our Troops: Complying with the Uniformed Service Reemployment Rights Act," Journal of the Missouri Bar, May 2005
• "Support For our Troops Requires Reemployment Rights," St. Louis Business Journal, May 6, 2005
• FMLA Update, Council on Education in Management, December 2004
• Employment Law Update, Human Resource Management Association of St. Louis, October 2004
• "Tag You Are It" a presentation regarding effective techniques for investigating and documenting employee complaints, Human Resource Management Association of St. Louis, May 2004
• Recent Developments Under the FMLA, Human Resource Management Association of St. Louis, October 2003
• The Bermuda Triangle-The Interplay Between the FMLA, ADA and Workers' Compensation, SHERM (Northern Arkansas Chapter) Summer Conference, June 2003
• "Workplace Privacy Issues: Avoiding Liability" a comprehensive survey course regarding privacy in the workplace, ADP Seminar Series, Kansas City, Missouri, May 1999

Professional Affiliations

• USLAW Network, Inc.
  Chairperson, Labor & Employment Leadership Committee, 2007-Present
• Bar Association of Metropolitan St. Louis
  Board of Governors, 2003-2004
  Chairman Labor and Employment Law Section, 2003-2004
• American Bar Association
  Labor and Employment Section
  Fair Labor Standards Committee
• The Missouri Bar
  Labor and Employment Committee
• Illinois State Bar Association
  Labor and Employment Committee
• Missouri Organization of Defense Lawyers

Community Service and Awards

• Boy Scouts of America-Cubmaster Pack 750
  Cubmaster Award, 2005
  Cub Scout Den Leader Award, 2003
• Lutheran Family and Children Services of Greater St. Louis
  Human Resources Committee
• St. John Lutheran Church; Ellisville, Missouri
  Human Resources Committee
• Oilmen's Club of Greater St. Louis
• Downtown St. Louis Partnership
• Missouri Chamber of Commerce

Employment

• Lashly & Baer, P.C.
  Member, 2006-Present
  Associate, 2004-2006
• Thompson Coburn LLP
  Associate, 1999-2004
• McMahon, Berger, Hanna, Linihan, Cody & McCarthy
  Associate, 1996-1999