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Martin J. Regimbal
About Martin's PracticeMartin Regimbal is a shareholder with The Kullman Firm. He represents employers in labor and employment law matters and has litigated collective actions under the Fair Labor Standards Act, matters brought under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act, and other federal and state statutes in a variety of courts. He also advises clients regarding compliance with the National Labor Relations Act and handles NLRB matters relating to union campaigns, negotiating collective bargaining agreements, participating in labor arbitration hearings, and litigating unfair labor practice charges. In addition, Mr. Regimbal has experience drafting non-competition agreements and litigating non-competition agreement enforcement actions in the courts. He has also been recognized as a 2022 Mid-South Super Lawyer by Mid-South Super Lawyers Magazine in the area of employment and labor law. He was previously recognized in 2014, 2015, 2016, and 2017 as a Rising Star in the area of employment and labor law. He is AV® PreeminentTM Peer Review Rated by Martindale-Hubbell. Education
Major Publications & Speaking Engagements
- Editor, Mississippi Employment Law Letter
- Contributing Editor, Southeast Employment Law Letter
- Author, "Mississippi pay equity law takes effect on July 1," Mississippi Employment Law Letter, June 2022, and HR Daily Advisor, June 16, 2022
- Quoted, "Employers Ponder Next Steps as They Pore Over OSHA Vax Rule," HR Daily Advisor, November 4, 2021
- Author, "'Long COVID' and the workplace: What a long, strange trip it's been," Mississippi Employment Law Letter, October 2021, and HR Daily Advisor, September 24, 2021
- Co-Author, "How to assess union vulnerability in a remote workplace," Mississippi Employment Law Letter, September 2021, and HR Daily Advisor, August 9, 2021
- Quoted, "Time for Contractors to Prepare for New $15 Minimum Wage Rule," HR Daily Advisor, July 27, 2021
- Quoted, "EEOC Offers Clarifications, Cautions in New COVID-19 Vaccine Guidance," HR Daily Advisor, June 2, 2021
- Author, "Train dispatcher's failure-to-accommodate claim derailed by excessive absenteeism," Mississippi Employment Law Letter, May 2021, and HR Daily Advisor, April 26, 2021
- Quoted, "Vote Count Nears in Closely Watched Amazon Union Campaign," HR Daily Advisor, March 19, 2021
- Author, "Determining when a bonus is discretionary or nondiscretionary under the FLSA," Mississippi Employment Law Letter, March 2021, and HR Daily Advisor, February 16, 2021
- Quoted, "Employers in More States See Changing Marijuana Laws," HR Daily Advisor, November 5, 2020
- Author, "CDC issues guidance on isolation, precautions for COVID-19," Mississippi Employment Law Letter, November 2020, and HR Daily Advisor, October 15, 2020
- Author, "Unrest over racial injustice grounds Mississippi flag," Mississippi Employment Law Letter, August 2020, and HR Daily Advisor, July 24, 2020
- Author, "Promoting employer-sponsored without running afoul of FLSA," Mississippi Employment Law Letter, June 2019, and HR Daily Advisor, July 30, 2019
- Quoted, "New SCOTUS Proemployee Ruling Not a Big Change for Employers," HR Daily Advisor, June 6, 2019
- Quoted, "DOL Proposes Change in How to Determine Regular Rate of Pay," HR Daily Advisor, April 2, 2019
- Author, "There's nothing regular about calculating an employee's regular 'rate of pay'," Mississippi Employment Law Letter, March 2019, and HR Daily Advisor, March 26, 2019
- Author, "Court buries employee's graveyard shift claim," Mississippi Employment Law Letter, December 2017, and HR Daily Advisor, January 29, 2018
- Author, "7th Circuit: The ADA is not the new FMLA," Mississippi Employment Law Letter, November 2017, and HR Daily Advisor, December 6, 2017
- Author, "5th Circuit assures employer that some good deeds do go unpunished," Mississippi Employment Law Letter, August 2017, and HR Daily Advisor, September 18, 2017
- Author, "UAW's effort to unionize Mississippi Nissan workers fails," Human Resources News, August 7, 2017
- Author, "GM employee's FMLA and ADA claims don't make it off the lot," Mississippi Employment Law Letter, June 2017, and HR Daily Advisor, July 3, 2017
- Author, "Mississippi employer's inconsistent discipline warrants jury trial on ADA, ADEA claims," Mississippi Employment Law Letter, March 2017, and HR Daily Advisor, April 21, 2017
- Author, "ADA and FMLA best practices pay off for cash-handling company," Mississippi Employment Law Letter, March 2017, and HR Daily Advisor, April 14, 2017
- Author, "FMLA: Employees can't change facts to fit different claims," Mississippi Employment Law Letter, February 2017, and HR Daily Advisor, March 15, 2017
- Author, "Mississippi court allows employee's self-diagnosis under the ADA," Mississippi Employment Law Letter, January 2017, and HR Daily Advisor, March 2, 2017
- Author, "Employees must participate in ADA's interactive process in good faith," Mississippi Employment Law Letter, November 2016, and HR Daily Advisor, December 30, 2016
- Author, "Compensation: Can a constructive discharge claim be based on unequal pay?" Mississippi Employment Law Letter, October 2016, and HR Daily Advisor, November 29, 2016
- Author, "Mississippi employee learns that not all workplace mistreatment is actionable harassment," Mississippi Employment Law Letter, August 2016, and HR.BLR.com, September 23, 2016
- Author, "Mississippi court allows employee's equal pay claim to move forward," Mississippi Employment Law Letter, April 2016, and HR.BLR.com, May 20, 2016
- Author, "5th Circuit: Employment action must cause actual harm to be retaliatory," Mississippi Employment Law Letter, March 2016, and HR.BLR.com, April 14, 2016
- Author, "Mississippi acknowledges uncertainty of proving sexual orientation claims," Mississippi Employment Law Letter, February 2016, and HR.BLR.com, March 10, 2016
- Author, "5th Circuit: Mandatory wellness programs are compatible with GINA," Mississippi Employment Law Letter, January 2016, and HR.BLR.com, February 10, 2016
- Author, "Wine before 9 sends employee to the unemployment line," Mississippi Employment Law Letter, December 2015, and HR.BLR.com, January 25, 2016
- Author, "5th Circuit rejects 'It was lost in the mail' excuse," Mississippi Employment Law Letter, November 2015, and HR.BLR.com, December 10, 2015
- Author, "Well-qualified applicant ignored during interview process entitled to jury trial," Mississippi Employment Law Letter, September 2015, and HR.BLR.com, October 13, 2015
- Author, "Pay discrimination can't be established by apples-to-oranges comparisons," Mississippi Employment Law Letter, July 2015, and HR.BLR.com, August 14, 2015
- Author, "Arbitration agreements aren't enforceable if you can't find them," Mississippi Employment Law Letter, July 2015, and HR.BLR.com, August 7, 2015
- Author, "Mississippi employer in hot water for conduct after termination," Mississippi Employment Law Letter, June 2015, and HR.BLR.com, July 16, 2015
- Author, "Mississippi: Free-speech retaliation claim fails despite evidence destruction," Mississippi Employment Law Letter, April 2015, and HR.BLR.com, May 27, 2015
- Author, "Severe conduct leads to racially hostile work environment," Mississippi Employment Law Letter, March 2015, and HR.BLR.com, April 15, 2015
- Author, "Race discrimination: Lying on job application limits damages," Mississippi Employment Law Letter, February 2015, and HR.BLR.com, March 19, 2015
- Author, "Name-dropping isn't just annoying--it can also lead to retaliation claims," Mississippi Employment Law Letter, January 2015, and HR.BLR.com, February 16, 2015
Admitted to PracticeMississippi, 2007
District of Columbia, 2008
Tennessee, 2013
U.S. District Courts for the Northern and Southern Districts of Mississippi, 2007
U.S. District Court for the Northern District of Florida, 2008
U.S. Court of Appeals for the Fifth Circuit, 2007
U.S. Court of Appeals for the Eleventh Circuit, 2009
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