Thomas M. "Tom" Cunningham - Lawyer in Des Moines, IA

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.

PRACTICE AREAS

Employment Litigation

Employment Counseling and Risk Avoidance

Union Avoidance, Organizational Campaigns, and NLRB Proceedings

Collective Bargaining, Contract Administration, and Labor Arbitration

OSHA Compliance and Enforcement

Trade Secret and Non-Competition

Diversity, Affirmative Action Plan Design, and Development

Appellate Practice

Business and Commercial Litigation

Administrative Hearings, Arbitrations, and ADR

Banks and Financial Institution Litigation

Class Actions

Employment, Labor, and Discrimination

Intellectual Property Litigation

Higher Education and Title IX Law

EDUCATION

University of Iowa (B.A. with distinction, 1981, J.D. with distinction, 1984)

Note and Comment Editor, Iowa Law Review, 1983-1984

Student Member, Law Faculty Recruiting Committee, 1983-1984

BAR ADMISSIONS

Missouri, 1984

Iowa, 1989

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 the United States

PROFESSIONAL EXPERIENCE

Shareholder, Pingel Templer, P.C., West Des Moines, Iowa, 1989-2003

Associate, Watson, Ess, Marshall Enggas, Kansas City, Missouri, 1984-1989