Nelson D. Cary
Mr. Cary is a partner in the Vorys Columbus office and a member of the labor and employment group. He represents management in a broad range of labor and employment matters, including advising employers on union elections and unfair labor practice proceedings before the National Labor Relations Board (NLRB) and the Ohio State Employment Relations Board (SERB), negotiating union contracts, and defending labor contract arbitration proceedings. He also counsels employers on compliance with, and defends employers in litigation arising out of, the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Title VII, Age Discrimination in Employment Act (ADEA), Fair Labor Standards Act (FLSA), and similar state laws.
Career highlights include:
- Negotiating union contracts in the manufacturing, retail, and health care sectors
- Providing labor contract interpretation advice and arbitration representation for a large acute care hospital
- Counseling employers in many industries regarding union organizing activity or election campaigns
- Advising developers, expanding businesses and political subdivisions regarding Ohio prevailing wage requirements, including those applicable to public/private partnerships
- Defending a Fortune 500 company in a multi-plaintiff race discrimination and racial harassment lawsuit in federal court
- Defending a mid-sized employer in a multi-plaintiff age discrimination claim in federal court arising from a reduction-in-force
- Defending an employer in a lawsuit brought by the United States Equal Employment Opportunity Commission alleging racial discrimination and racial harassment against multiple individuals
- Defending numerous single plaintiff employment discrimination claims
- Prosecuting and defending lawsuits regarding covenants not to compete and trade secrets
Mr. Cary is a member of the Ohio Bar Association, the District of Columbia Bar, and is an associate member of the Virginia Bar Association. Mr. Cary is also active in the Columbus Bar Association.
Mr. Cary has spoken at numerous seminars on many topics, including updates on activity at the National Labor Relations Board, complying with the Americans with Disabilities Act, the employment-at-will doctrine, employment agreements, managing difficult employees, and enforcing disciplinary action. He also has conducted training on union avoidance and positive employee relations, avoiding sexual harassment and other unlawful harassment, and conducting internal investigations.
Mr. Cary is the editor of the blog Vorys on Labor. The blog focuses on traditional labor issues of interest to labor professionals in both the public and private sector.
Mr. Cary received his J.D. summa cum laude from Washington and Lee University School of Law where he was a member of the Order of the Coif. He received his B.A. summa cum laude from Albion College.
Mr. Cary clerked for the Honorable Jackson L. Kiser, Chief Judge of the Western District of Virginia.
Mr. Cary serves on the Advisory Board of the Columbus Chapter of the National Association of Women Business Owners (NAWBO). He is also a member of The Breathing Association Board of Trustees and serves a member of the Board's Executive Committee. Mr. Cary recently received the 2012 Carrie Nelson Black Award in recognition of his service to the Association.
Honors & Awards
- The Best Lawyers in America, Employment Law – Management, 2013
- The Best Lawyers in America, Labor Law – Management, 2013
- The Best Lawyers in America, Litigation - Labor & Employment,
- Carrie Nelson Black Award, The Breathing Association, 2012
News
- Cary Discusses NLRB Appointments with LXBN
- Cary Quoted in National Law Journal Story Entitled “Court Finds Appointments Unconstitutional”
- Cary Quoted in National Law Journal Story on Potential NLRB Actions
- 126 Vorys Attorneys included in the 2013 The Best Lawyers in America® List
- Cary Quoted in Business First Story on Recent National Labor Relations Board Rulings
- Cary Quoted in Bloomberg BNA Human Resources Report Story on Workplace Social Media Policies
- Cary Quoted in Washington Times Story on Pending NLRB Decision
- Cary Quoted in LawyersUSA Article on NLRB Vacancies
- Blogs, Facebook, LinkedIn Boost Lawyers' Avenues for Marketing
- Vorys Launches Labor Blog
- Nelson D. Cary Quoted in The Daily Reporter article "Employers Must Make Sure Interns Can Pass Department of Labor's Test"
- Nelson D. Cary Quoted Extensively in The Daily Reporter article "Department of Labor Allows Overtime for Loan Officers"
- Cary quoted in Employment Law360 article "Obama Victory Heralds Revamp of Employment Law"
- Cary quoted in Business First article "Sick-time debate chills in Ohio as battle shifts to Washington"
Events
- Labor Law Issues of Interest to Health Care Employers
- Recent Labor Law Developments for the Health Care Employer
- Employment Law Update and Review
- Prevailing Wage Law in Ohio
- Labor and Employment Law Developments for the Health Care Employer
- CityScape Columbus: A View Towards Development & Growth Opportunities
- CityScape Cleveland: A View Towards Development & Growth Opportunities
- Employment Law From A to Z
- 2010 Ohio Employment Law Seminar Series
- Department of Labor Reversal on Overtime for Loan Officers: What to Consider Now
- Employment Law Update and Review
- Prevailing Wage Law in Ohio
- Employment Law Update Seminar
Publications
- “Labor Relations Board Spells Out Supervisory Role for Charge Nurses,” Business First, January 26, 2007
- “Employee Handbooks and Labor Law,” Smart Business, April 2005 (Cleveland)
- Nelson D. Cary & Robert W. Conley, “Maintaining Employment at Will,” Business First, Personnel Issues Supplement, October 2005
- Labor and Employment Alert: Hayes Stays: NLRB Moves Forward with Election Rule
- Labor and Employment Alert: NLRB to Vote on Election Process Rule
- Labor and Employment Alert: One for the Employer: Social Media Posting Results in Lawful Termination
- Labor and Employment Alert: Department of Labor Wants Employers to Report Detailed Information Regarding Union Avoidance Activities
- Labor and Employment Alert: Senate Bill 5: An Update on Ohio’s Collective Bargaining Law
- Labor and Employment Alert: EEOC Issues Final Regulations Interpreting the ADAAA
- Labor and Employment Alert: Supreme Court Ruling Expands the Scope of Retaliation Protections Under Title VII to Include Third Party Retaliation Claims