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    Rick Bennett photograph

    Richard D. Bennett

    Partner

    Memphis
    901-259-7121
    rick.bennett@phelps.com
    Areas Of Focus
    LitigationConstruction/DesignLabor and Employment

    Rick Bennett helps clients resolve complex commercial and employment disputes in state and federal courts. He brings years of experience and a knowledge informed by active engagement in the industries in which he serves. His primary areas of practice include employment and labor relations, human resources counseling, construction disputes, mechanic’s liens, contract disputes and business litigation.

    His employment practice includes representing employers in all matters affecting their workforce in court and before various state and federal agencies. He defends employers against harassment, discrimination, and wage and hour claims and helps companies enforce employment agreements and manage union relations.

    Rick successfully argued the first Family Medical Leave Act (FMLA) case heard by the U.S. Supreme Court on behalf of the employer. He frequently presents on the FMLA and other employment issues and serves on the Tennessee Bar Association Labor and Employment Section Executive Council.

    Rick also frequently advises charter schools including advocating for accountability, school choice and the promotion of innovative educational concepts to improve student outcomes.

    Raised in a construction family and credentialed as a trained carpenter and project manager, Rick understands the intricacies of the construction industry. He represents owners, contractors, subcontractors and material suppliers in construction disputes at all levels of trial and appellate litigation as well as in mediation, arbitration and other ADR procedures. He litigates cases involving claims of breach of contract, breach of warranty, design or construction defects, unjust enrichment, delay claims and construction liens. He serves on the Board of Directors and as general counsel for the Associated Builders and Contractors of West Tennessee.

    Rick also represents businesses in land use and zoning matters. His unique industry insight includes serving as a member of the City of Germantown Planning Commission.

    Rick also leads the firm's Memphis litigation group.

    Rick successfully argued the first Family Medical Leave Act (FMLA) case heard by the U.S. Supreme Court on behalf of the employer. He frequently presents on the FMLA and other employment issues and serves on the Tennessee Bar Association Labor and Employment Section Executive Council.

    Rick also frequently advises charter schools including advocating for accountability, school choice and the promotion of innovative educational concepts to improve student outcomes.

    Raised in a construction family and credentialed as a trained carpenter and project manager, Rick understands the intricacies of the construction industry. He represents owners, contractors, subcontractors and material suppliers in construction disputes at all levels of trial and appellate litigation as well as in mediation, arbitration and other ADR procedures. He litigates cases involving claims of breach of contract, breach of warranty, design or construction defects, unjust enrichment, delay claims and construction liens. He serves on the Board of Directors and as general counsel for the Associated Builders and Contractors of West Tennessee.

    Rick also represents businesses in land use and zoning matters. His unique industry insight includes serving as a member of the City of Germantown Planning Commission.

    Rick also leads the firm's Memphis litigation group.

    Experience

    • Successfully argued on behalf of employer in the first FMLA case heard by the U.S. Supreme Court where the Supreme Court agreed with the employer’s argument that the DOL regulation’s penalty provision was invalid.
    • Obtained favorable resolution for employer against claims it violated the Americans with Disabilities Act and Title VII.
    • Significantly lowered claim amount from seven to five figures in defense of subcontractor accused of faulty work and defective design by owner.
    • Reduced class size and potential back pay exposure for employer in collective action case alleging misclassification of employees as independent contractors and failure to pay proper overtime and compensation under the Fair Labor Standards Act.
    • Achieved summary judgment for product manufacturer against claims involving breach of contract, misrepresentation and breach of warranty.
    • Successfully defended charter schools against claims of state law violations from local education authorities.
    • Helped numerous employers secure enforcement of non-competition, non-solicitation, and other restrictive covenant provisions, including TRO and preliminary injunction proceedings.
    • Successfully represented company in claim seeking declaratory judgment, temporary restraining order, temporary and permanent injunctive relief, and damages due to conversion of company’s property.
    • Successfully represented numerous employers charged with employment discrimination, harassment, retaliation and wrongful termination, including violations of Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and the Uniformed Services Employment and Reemployment Rights Act (USERRA).
    • Successfully defended charter schools against claims of state law violations from local education authorities.
    • Helped numerous employers secure enforcement of non-competition, non-solicitation, and other restrictive covenant provisions, including TRO and preliminary injunction proceedings.
    • Successfully represented company in claim seeking declaratory judgment, temporary restraining order, temporary and permanent injunctive relief, and damages due to conversion of company’s property.
    • Successfully represented numerous employers charged with employment discrimination, harassment, retaliation and wrongful termination, including violations of Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and the Uniformed Services Employment and Reemployment Rights Act (USERRA).

    Insights

    • November 21, 2024

      18 Phelps Lawyers Named to 2024 Mid-South Super Lawyers Lists…

    • August 15, 2024

      185 Phelps Lawyers Chosen for Best Lawyers in America, 20 Named "Lawyer of the Year," 26 Added to “Ones to Watch” List…

    Recognition

    • AV Preeminent Peer Review Rated, Martindale-Hubbell
    • Top 50 Memphis Super Lawyers (2012)
    • Top 100: Tennessee Super Lawyers (2013)
    • Fellow, Memphis Bar Foundation
    • Mid-South Super Lawyers list (2011-2023), Super Lawyers
    • Construction Law (2014-2025), Employment Law (2013-2025), Litigation – Labor & Employment (2013-2025), “Lawyer of the Year” Construction Law (2014, 2022), The Best Lawyers in America
    • AV Preeminent Peer Review Rated, Martindale-Hubbell
    • Top 50 Memphis Super Lawyers (2012)
    • Top 100: Tennessee Super Lawyers (2013)
    • Fellow, Memphis Bar Foundation
    • Mid-South Super Lawyers list (2011-2023), Super Lawyers
    • Construction Law (2014-2025), Employment Law (2013-2025), Litigation – Labor & Employment (2013-2025), “Lawyer of the Year” Construction Law (2014, 2022), The Best Lawyers in America

    Education

    • University of Memphis, Cecil C. Humphreys School of Law, J.D., 1988
    • University of Tennessee at Martin, B.S., Public Administration, with high honors, 1984
    • University of Memphis, Cecil C. Humphreys School of Law, J.D., 1988
    • University of Tennessee at Martin, B.S., Public Administration, with high honors, 1984

    Credentials

    • Tennessee
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Eighth Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. District Court, Western District of Tennessee
    • U.S. District Court, Middle District of Tennessee
    • U.S. District Court, Eastern District of Tennessee
    • U.S. District Court, Eastern District of Arkansas
    • Tennessee
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Eighth Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. District Court, Western District of Tennessee
    • U.S. District Court, Middle District of Tennessee
    • U.S. District Court, Eastern District of Tennessee
    • U.S. District Court, Eastern District of Arkansas

    Memberships and Affiliations

    Professional

      • Tennessee Bar Association, Labor & Employment Law Section – Executive Council
      • Tennessee Bar Association, Construction Law Section
      • Memphis Bar Association – Labor and Employment Law Section
      • Society for Human Resources Management (SHRM)
      • Associated Builders and Contractors of West Tennessee – General Counsel (1990-2024)

    Civic

      • Leadership Germantown, Class of 1998
      • Leadership Collierville, Class of 2008
      • Leadership Germantown Alumni Association, President (2016-2017)
      • Germantown Kiwanis Club, President (1999-2000)
      • City of Germantown Economic Development Commission (2001-2004)
      • City of Germantown Planning Commission (2005-2015)
      • City of Germantown Hometown Hero (2000)
      • Pi Kappa Alpha, Epsilon Sigma Chapter

    Professional

      • Tennessee Bar Association, Labor & Employment Law Section – Executive Council
      • Tennessee Bar Association, Construction Law Section
      • Memphis Bar Association – Labor and Employment Law Section
      • Society for Human Resources Management (SHRM)
      • Associated Builders and Contractors of West Tennessee – General Counsel (1990-2024)

    Civic

      • Leadership Germantown, Class of 1998
      • Leadership Collierville, Class of 2008
      • Leadership Germantown Alumni Association, President (2016-2017)
      • Germantown Kiwanis Club, President (1999-2000)
      • City of Germantown Economic Development Commission (2001-2004)
      • City of Germantown Planning Commission (2005-2015)
      • City of Germantown Hometown Hero (2000)
      • Pi Kappa Alpha, Epsilon Sigma Chapter
    • Overview
    • Experience
    • Insights
    • Recognition
    • Education
    • Credentials
    • Memberships and Affiliations

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    • Litigation
    • Construction/Design
    • Labor and Employment
    • Commercial Litigation
    • Labor Relations
    • Transportation
    • Real Estate and Construction
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