Thomas M. Cunningham
Firm:
Nyemaster Goode, P.C.
Phone:(515) 283-8176
Address: 700 Walnut, Suite 1600
Des Moines, IA 50309

Membership: Professional and Community AffiliationsAmerican Bar AssociationLabor Section, 1994-presentLitigation Section, 1986-presentIowa State Bar AssociationFederal Practice Committee, 2003-present; Chair 2004-2006Missouri Bar Association, 1984-presentP
University: University of Iowa, B.A., with distinction, 1981, University of Iowa, J.D., with distinction, 1984
Admitted: 1984, Missouri; 1989, Iowa; United States District Courts for: N.D. Iowa, S.D. Iowa, W.D. Missouri, D. Nebraska, C.D. Illinois, W.D. Michigan, D. Colorado; United States Courts of Appeals for the Seventh and Eighth Circuits; Supreme Court of th
Biography: Tom Cunningham is a shareholder in the Labor and Employment Department at Nyemaster Goode. Tom represents management of private and public sector employers, ranging from small and medium-sized businesses to publicly traded Fortune 500 companies in Iowa and throughout the Midwest. Tom has litigated discrimination and civil rights cases, and wrongful termination, FMLA, ADA, wage/hour, OSHA, and trade secret/non-competition cases in jury and non-jury trials in federal and state courts and before administrative agencies.Tom represents employers in the traditional labor law arena, having advised employers in union avoidance tactics and organizational campaign strategies. He has also defended employers confronted with unfair labor practice charges before the National Labor Relations Board. Tom has defended employers in audits conducted by the Department of Labor, EEOC, OFCCP, and Wage/Hour Division. He represents federal contractors and subcontractors with OFCCP/Executive Order 11246 and VEVRAA compliance issues. Tom also advises employers in affirmative action plan development.Tom has published numerous articles and addressed many legal and industry groups on labor and employment law topics, including wrongful termination of at-will employment; discrimination, harassment, and retaliation; occupational safety and health; wage/hour issues; affirmative action compliance; employment policies, discipline and documentation; enforcement of non-competition covenants; and employment contracts. RecognitionThe Best Lawyers in America, 2010-2016Chambers USA, Leading Lawyer for Business in Labor & Employment Law, 2004-presentGreat Plains Super Lawyers, Labor & Employment, 2009-2015Client Choice - USA & Canada, Labor & Employment in Iowa, 2014 Professional ExperienceShareholder, Pingel & Templer, P.C., West Des Moines, Iowa, 1989-2003Associate, Watson, Ess, Marshall & Enggas, Kansas City, Missouri, 1984-1989 Speeches and PublicationsKeeping Your Payroll Practices from Becoming a Pay Day for the DOL, Nyemaster Labor & Employment Law Client Seminar (June 20, 2013, Des Moines, and June 27, 2013, Cedar Rapids) (Co-Author and Co-Presenter with S. H. Weitzenkamp).Post-DOMA 101: What is the Impact for Employers?, Nyemaster Labor & Employment Law Blog (June 26, 2013) (Author).What to Do Before and When the OSHA Inspector Arrives at Your Door, HR OneSource seminar, Des Moines, Iowa (April 25, 2013) (Presenter).Eighth Circuit Validates Class Action Waivers in FLSA Cases, Nyemaster Labor & Employment Law Blog (January 9, 2013) (Author).Nitro-Lift Detonates Oklahoma Court's Injunction Against Arbitration Clauses in Employment Agreements, Nyemaster Labor & Employment Law Blog (November 30, 2012) (Author).NLRB Invalidates Class Waiver Agreements, Nyemaster Labor & Employment Law Blog (January 19, 2012) (Author).E-Discovery and Social Media, Information Systems Security Association, Des Moines, Iowa (August 22, 2011) (Presenter).It's Not What You Know, It's Who You Retaliate Against: Third-Party Liability for Workplace Retaliation Is Here, Nyemaster Law Firm Labor & Employment Law Client Seminar (July 28, 2011, Des Moines, and August 11, 2011, Cedar Rapids) (Author and Presenter).Teaching Pigs to Sing: Getting the Whole Story in Internal Investigations, Cyclone Chapter, Society of Human Resource Managers, Ames, Iowa (January 13, 2011) and HR OneSource seminar, Des Moines, Iowa (April 27, 2011) (Presenter).Supreme Court Expands Retaliation Liability to Third Parties, Nyemaster Labor & Employment Law Blog (January 26, 2011) (Author).Polk County Judge Puts the Brakes on Wholesale Production of Personnel Files - Even With a Protective Order, Nyemaster Labor & Employment Law Blog (August 17, 2010) (Author).The Americans with Disabilities Amendments Act: One Year Later, Nyemaster Law Firm Labor & Employment Law Client Seminar (June 24, 2010) (Author and Presenter).New Employment Claims under Federal and State Law, Iowa Defense Counsel Association Spring Seminar, Coralville, Iowa (April 9, 2010) (Presenter).Preventing the Door from Hitting the Employer on the Employee's Way Out: Ten Termination Questions and Their Answers, Nyemaster Law Firm Labor & Employment Law Client Seminar (June 25, 2009) (Author and Presenter).The Americans with Disabilities Amendments Act of 2008, Nyemaster Law Firm Labor & Employment Law Client Seminar (January 28, 2009) (Author and Presenter)Discipline and Documentation: Managing the Borderline Employee, Legally, Nyemaster Law Firm Labor & Employment Law Client Seminar (June 26, 2008) (Author and Presenter).Workplace Harassment and Retaliation Claims, Recent Developments in Employment and Immigration Law, Sterling Education Services (March 5, 2008) (Presenter).Employment Issues Involving Employee Use of Cell Phones, PDAs and Other Technology, Nyemaster Law Firm Labor & Employment Law Client Seminar (June 28, 2007) (Author and Presenter).Retaliation and the Current Employee Who Sues, Nyemaster Law Firm Labor & Employment Law Client Seminar (June 29, 2006) (Author and Presenter).FMLA Interplay with Other Laws, Family & Medical Leave Act in Iowa, Lorman Education Services (May 11, 2006) (Author and Presenter).Once More, With Feeling! The New Federal Overtime Regulations One Year Later, Nyemaster Law Firm Labor & Employment Law Client Seminar (October 14, 2005) (Author and Presenter).Privilege Log Strategies in Federal Litigation, For the Defense, Defense Research Institute (October 2004) (Author).The New Rules on Fair Labor Standards Act White-Collar Exemptions, Nyemaster Law Firm Labor & Employment Law Client Seminar (June 24, 2004) (Author and Presenter).Discipline and Termination, Human Resource Audits in Iowa, Lorman Education Services (2004) (Author and Presenter).Examining Privilege Log Descriptions in Federal Litigation, Defense Update, Iowa Defense Counsel Association (September 2003) (Author).Liability Traps for the Unwary Public Employer, Iowa Employment Law Letter (March 2002) (Author).