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Timm W. Schowalter

Attorney at Law

tschowalter@lashlybaer.com

314-436-8351

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Primary Practice Areas

    Business & Corporate

    Labor & Employment

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

Associations

    USLAW Network, Inc., Chairperson

    Labor & Employment Leadership Committee, 2007-2008

    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

Education & Academic Honors

    J.D., University of Missouri-Columbia, 1996

    B.A., Philosophy, Southeast Missouri State University, 1992

Employment History

    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

Timm W. Schowalter

 
 

Timm W. Schowalter serves as outside general counsel for many prominent organizations. He has the proven experience in handling a full range of the day-to-day legal needs of closely-held businesses, publicly-held companies, financial institutions and non-profit organizations. In this vital role, he handles various legal matters such as drafting corporate formation documents, buy-sell agreements, negotiating and drafting various business contracts, case management and defense of litigation matters, and developing customized, cost-effective compliance programs.

Mr. Schowalter also has extensive experience in all facets of employment law. Mr. Schowalter represents businesses, professionals and other individuals in employment discrimination claims arising under Title VII, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment 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. He also has a wealth of experience in 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 a variety of traditional labor law issues such as NLRA complaince, defeating secondary boycotts, negotiating and implementing project labor agreements and Davis-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, and the Circuit Courts of St. Louis City and St. Louis County. He earned his J.D. from the University of Missouri-Columbia School of Law.

Representative Clients

    Advertising Connection, Inc.

    APAC of Missouri, Inc.

    Apple Media d/b/a St. Louis Kids Magazine

    Boys Hope Girls Hope

    Carter-Hoffman

    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

    Meducro Manufacturing, LLC

    Mount Auburn Medical Group

    Nurses To Go, LLC

    Panacea Health, LLC

    Pancake Ranch Restaurants

    PD Properties, LLC

    Pipe Solutions, LLC

    Planet Child Care, Inc.

    Precision Furniture Installation

    Save-A-Lot, Ltd.

    Sigma-Aldrich

    Spencer Auto Glass, Inc.

    St. Francis Medical Center

    St. Louis Internal Medicine

    Tipton Systems

    Wilson Manufacturing, Inc.

    U-Gas, Inc.

Representative 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)

Recent Publications or News

    "Staying Union Free: A Perspective of the State of the Unions and Their Calculated Resurgence in America," USLAW 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

    "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

Community Service & 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

    Oilmen's Club of Greater St. Louis

    The Partnership for Downtown St. Louis

    Missouri Chamber of Commerce

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Administrative Assistant

ldodge@lashlybaer.com

314-335-1059

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