Nicholas F. Morisani | Labor and Employment and Employment Litigation Lawyer

PRACTICE FOCUS
- Labor and Employment
- Employment Litigation
- Civil Rights
EDUCATION+
- Mississippi College School of Law
  J.D., cum laude, 2009; Chief Executive Editor, Mississippi College Law Review; Moot Court Board; President, Mississippi Defense Lawyers Association
- University of South Alabama
  B.A., magna cum laude, in History, 2005
ADMISSIONS+
- Mississippi
- Alabama
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court, Southern District of Alabama
- U.S. District Court, Middle District of Alabama
- U.S. District Court, Northern District of Alabama
- U.S. District Court, Southern District of Mississippi
- U.S. District Court, Northern District of Mississippi
CLERKSHIP+
- Law Clerk to the Hon. Sul Ozerden, U.S. District Court, Southern District of Mississippi

Nicholas F. Morisani Counsel

Jackson

nick.morisani@phelps.com

601-360-9351 direct

Nick Morisani practices in the area of labor and employment and represents both private and public employers in defense of discrimination, retaliation, sexual harassment and hostile work environment claims. He also represents clients in defense of civil rights claims arising under the U.S. Constitution.

Prior to joining Phelps Dunbar, Nick served as a law clerk to the Honorable Sul Ozerden, U.S. District Judge for the Southern District of Mississippi, and as a litigation associate at a large Southeastern law firm, where he practiced in the areas of general and commercial litigation and tried cases in the state courts of Alabama.

Insights Memberships & Affiliations Recognition

Practice Focus

Experience

Insights

Publications

DOL Proposes Employer-Friendly Clarification of the Fluctuating Workweek Method (November, 2019)
Department of Labor Raises the Minimum Salary Required to Exempt Some Workers from Overtime (September, 2019)
NLRB Abandons Longstanding Measure for a More Employer-Friendly Standard to Evaluate Unilateral Changes (September, 2019)
eLABORate: New Year, But Joint-Employer Standard Remains Unclear (January, 2019)
eLABORate: NLRB Seeks to Settle the Controversy Surrounding Joint Employer Status (September, 2018)
eLABORate: NLRB General Counsel Provides Guidance Memo on Handbook Provisions (June, 2018)
Author, "Is It Enough Just to Complain? How Courts Have Addressed Whether the Participation Clause in Title VII’s Anti-Retaliation Provision Requires a Good Faith, Reasonable Belief,” The MDA Quarterly, The Publication of the Mississippi Defense Lawyers Association (Summer 2017)
Author, "Are Offers Satisfying a Plaintiff’s Claim for Relief a Moot Point after Campbell-Ewald Co. v. Gomez?" The MDA Quarterly , The Publication of the Mississippi Defense Lawyers Association (Summer 2016)
Co-Author, “Challenging Your Opponent’s Expert: Due Diligence is Key,” Trials and Tribulations, The Newsletter of the DRI’s Trial Tactics Committee (Winter 2012)
Co-Author, "No Duty, No Accountability? Not So Fast.... Mississippi Embraces Equitable Subrogation,” The MDA Quarterly, The Publication of the Mississippi Defense Lawyers Association Vol. 36, No. 4 (Winer 2012)
Co-Author, “Heck, Excessive Force, and the Fifth Circuit,” 29 Miss. C. L. Rev. 3 (2010)

Speaking Engagements

41st Annual Mississippi Labor & Employment Law Conference (August, 2018)
40th Annual Mississippi Labor & Employment Law Conference (August, 2017)

News

Phelps Elects Seven to Partnership, Six to Counsel Classes (1/2/2020)
16 Attorneys Named 2019 Mid-South Super Lawyers and Rising Stars (11/5/2019)

Memberships & Affiliations

Professional

Alabama Bar Association
Mississippi Bar Association
American Bar Association
Federal Bar Association, Mississippi Chapter - Secretary; Labor & Employment - Publications and Public Relations Committee
National Italian-American Bar Association
Mississippi Defense Lawyers Association (Co-editor, The Quarterly)

Civic

Mississippi Kidney Foundation (Board of Trustees)
University of South Alabama National Alumni Association (Board of Directors)

Recognition

Selected to the Mid-South Super Lawyers Rising Stars list, Super Lawyers (Thomson Reuters), 2018

Education

Mississippi College School of Law
J.D., cum laude, 2009; Chief Executive Editor, Mississippi College Law Review; Moot Court Board; President, Mississippi Defense Lawyers Association
University of South Alabama
B.A., magna cum laude, in History, 2005

Admissions

Mississippi
Alabama
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court, Southern District of Alabama
U.S. District Court, Middle District of Alabama
U.S. District Court, Northern District of Alabama
U.S. District Court, Southern District of Mississippi
U.S. District Court, Northern District of Mississippi

Clerkships

Law Clerk to the Hon. Sul Ozerden, U.S. District Court, Southern District of Mississippi

Publications

DOL Proposes Employer-Friendly Clarification of the Fluctuating Workweek Method (November, 2019)
Department of Labor Raises the Minimum Salary Required to Exempt Some Workers from Overtime (September, 2019)
NLRB Abandons Longstanding Measure for a More Employer-Friendly Standard to Evaluate Unilateral Changes (September, 2019)
eLABORate: New Year, But Joint-Employer Standard Remains Unclear (January, 2019)
eLABORate: NLRB Seeks to Settle the Controversy Surrounding Joint Employer Status (September, 2018)
eLABORate: NLRB General Counsel Provides Guidance Memo on Handbook Provisions (June, 2018)
Author, "Is It Enough Just to Complain? How Courts Have Addressed Whether the Participation Clause in Title VII’s Anti-Retaliation Provision Requires a Good Faith, Reasonable Belief,” The MDA Quarterly, The Publication of the Mississippi Defense Lawyers Association (Summer 2017)
Author, "Are Offers Satisfying a Plaintiff’s Claim for Relief a Moot Point after Campbell-Ewald Co. v. Gomez?" The MDA Quarterly , The Publication of the Mississippi Defense Lawyers Association (Summer 2016)
Co-Author, “Challenging Your Opponent’s Expert: Due Diligence is Key,” Trials and Tribulations, The Newsletter of the DRI’s Trial Tactics Committee (Winter 2012)
Co-Author, "No Duty, No Accountability? Not So Fast.... Mississippi Embraces Equitable Subrogation,” The MDA Quarterly, The Publication of the Mississippi Defense Lawyers Association Vol. 36, No. 4 (Winer 2012)
Co-Author, “Heck, Excessive Force, and the Fifth Circuit,” 29 Miss. C. L. Rev. 3 (2010)

Speaking Engagements

41st Annual Mississippi Labor & Employment Law Conference (August, 2018)
40th Annual Mississippi Labor & Employment Law Conference (August, 2017)

News

Phelps Elects Seven to Partnership, Six to Counsel Classes (1/2/2020)
16 Attorneys Named 2019 Mid-South Super Lawyers and Rising Stars (11/5/2019)

Professional

Alabama Bar Association
Mississippi Bar Association
American Bar Association
Federal Bar Association, Mississippi Chapter - Secretary; Labor & Employment - Publications and Public Relations Committee
National Italian-American Bar Association
Mississippi Defense Lawyers Association (Co-editor, The Quarterly)

Civic

Mississippi Kidney Foundation (Board of Trustees)
University of South Alabama National Alumni Association (Board of Directors)

Selected to the Mid-South Super Lawyers Rising Stars list, Super Lawyers (Thomson Reuters), 2018