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John Carroll Burgin Jr.

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  • Partner

Jack Burgin has a diverse legal practice, primarily advising and defending employers on a variety of labor and employee benefit related topics and on representing and advising government contractors about costs and labor issues. Jack's advice and litigation practice focuses on

•Representing and advising employers on all types of employment discrimination issues, including questions relating to the Americans with Disabilities Act.
•Representing and advising plan administrators and plan sponsors on creating and complying with welfare benefit plans governed by the Employee Retirement Income Security Act of 1974 ("ERISA").
•Representing and advising employers on a variety of retaliation claims, including claims filed with the United States Department of Labor pursuant to 29 C.F.R. Part 24, and under the False Claims Act.
•Representing and advising a variety of employers on workforce restructuring issues, including voluntary and involuntary reductions in force, defending litigation arising from reduction in force decisions, and on compliance with Office of Federal Contract Compliance Program requirements.
•Representing and advising government contractors on Davis Bacon Act and Service Contract Act compliance.

Before joining Kramer Rayson, Jack graduated with honors from The University of Tennessee College of Law (1989), and then clerked for the Honorable Gary R. Wade, then Judge of the Tennessee Court of Criminal Appeals.

From 2001 to 2011 and 2017 to the present, Jack served as the president and then chair of the Board of Directors for Appalachian Bear Rescue, an organization devoted to helping injured and orphaned black bear cubs return to the wild.  He also served two terms on the Tennessee Commission on Continuing Legal Education and Specialization, serving as Chair of the CLE Commission in 2011. He is an avid amateur photographer and enjoys traveling and hiking with his wife, Catherine. Jack also writes about pending legal disputes involving Disney and other theme parks, and sometimes appears as a guest on the DIS Unplugged Podcast.

Areas Of Practice

  • Governmental Contracts
  • Labor & Employment Law

Bar Admissions

  • Tennessee, 1989
  • U.S. Supreme Court
  • U.S. Court of Appeals 6th Circuit, 1991
  • U.S. Court of Appeals 9th Circuit, 1995
  • U.S. Court of Appeals District of Columbia Circuit
  • U.S. District Court Eastern District of Tennessee, 1991
  • U.S. District Court Middle District of Tennessee

Education

  • University of Tennessee College of Law, Knoxville, Tennessee
    • J.D. - 1989
  • Northeast Louisiana University, Monroe, LA
    • M.M.
  • Northeast Louisiana University, Monroe, LA
    • B.M.

Representative Cases

  • Auble v. Babcock & Wilcox Technical Services Y-12 LLC, No.: 3:13-CV-422, 2015 U.S. Dist. Lexis 140868 (E.D. Tenn. Oct. 15, 2015)
  • Scheib v. Retirement Program Plan for Employees of Certain Employers at the U.S. Department of Energy Facilities at Oak Ridge, Tennessee, 488 Fed. Appx. 122 (6th Cir. 2012)
  • Johnson v. Retirement Program Plan For Employees of Certain Employers at The U.S. Department Of Energy Facilities At Oak Ridge, Tennessee, 2007 U.S. Dist. LEXIS 14595 (E.D. Tenn. 2007)
  • Adams v. Lockheed Martin Energy Systems, Inc., 199 Fed. Appx. 405 (6th Cir. 2006)
  • Edwards v. Department of Energy, 200 Fed. Appx. 382 (6th Cir. 2006)
  • Campbell v. Wackenhut Services, Inc.
  • Cannon v. Levi Strauss & Co., 29 Fed. Appx. 331 (6th Cir. 2002)
  • Souders v. Boeing Oak Ridge Co., No. 3:03-cv-362 (E.D. Tenn. June 15, 2004)
  • Turpin v. Lockheed Martin Energy Systems, Inc. and BWXT Y-12, LLC, Case No. 02-101 (ARB Jan. 29, 2004)
  • Varnadore v. Secretary of Labor, 141 F.3d 625 (6th Cir. 1998)
  • United States ex rel Fine v. MK-Ferguson, Co., 99 F.3d 1538 (10th Cir. 1996)

Classes / Seminars

  • Dummies for Ethics 4.0, Kramer Rayson LLP Labor and Employment Law Seminar (2015)
  • Helping Clients to Avoid Simple But Expensive ERISA Mistakes (2015), Knoxville Chapter of the Tennessee Society of Certified Public Accountants

Honors And Awards

  • Chair, Tennessee Commission on Continuing Legal Education and Specialization, 2011
  • Tennessee Commission on Continuing Legal Education and Specialization, 2006-2012
  • Listed in Best Lawyers in America, 2018

Professional Associations And Memberships

  • Knoxville Bar Association
  • Tennessee Bar Association
  • American Bar Association

Past Employment Positions

  • Honorable Gary R. Wade, Judge of the Tennessee Court of Criminal Appeals, Clerk, 1989 to 1990
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