ROBERT A. KAISER
COUNSEL
St. Louis, MO
314.342.4153
Bob Kaiser is a member of the Employment and Labor practice group representing
emerging and mature businesses in the full range of labor and personnel-related
disputes. Because employment and labor laws and regulations continue to evolve, he
deftly guides management in creating “fences” and boundaries to assess risks and
decrease litigation.
In the much litigated area involving wage and hour laws, Bob assists in determining the
divergence between practical and business reality. He routinely defends companies in
both individual and collective actions lawsuits involving denial of overtime pay and
misclassification of employees. He also assists employers in Labor Department audits.
Bob works proactively by determining potential risks, reviewing job descriptions and
auditing payroll practices.
A portion of Bob’s practice includes traditional labor law, a focus he has had for more
than 25 years. For small- to mid-sized organizations, he handles labor union relations
such as union avoidance, collective bargaining, elections, strikes, picketing and other
work stoppage issues and reduction-in-force planning. He routinely arbitrates conflicts
between management and the labor unions and appears before the National Labor
Relations Board.
As counsel to both public and private sector employers, including manufacturing
companies, health care providers and governmental entities, Bob advocates in
employment matters throughout the country involving discrimination and wrongful
discharge. His cases involve federal and state laws including the Family and Medical
Leave Act (FMLA), Title VII of the Civil Rights Act, the Americans with Disabilities Act
(ADA), the Age Discrimination in Employment Act (ADEA), state antidiscrimination
statutes and the Uniformed Services Employment and Reemployment Rights Act
(USERRA). He frequently appears before state and federal courts, the Equal Employment
Opportunity Commission, the Missouri Human Rights Commission, the Illinois
Department of Human Rights and the Department of Labor/Wage and Hour Division.
Bob is particularly knowledgeable with respect to complicated business deals, executive
employment agreements, compensation plans, change-in-control agreements,
confidentiality and non-compete agreements. He also conducts workplace training as
part of management leadership programs and speaks to a wide variety of audiences on
divergent subjects such as family and medical leave, age discrimination and wage and
hour law.
SERVICES AND INDUSTRIES
Employment and Labor
Noncompete and Trade
Secrets
Class Action Litigation
Internal Investigations and
Regulatory Compliance
Manufacturing and Innovation
Agribusiness and Food
Litigation
ADMISSIONS
Missouri
Illinois
Supreme Court of the United
States
U.S. District Court, Eastern
District of Missouri
U.S. District Court, Western
District of Missouri
U.S. Court of Appeals, Eighth
Circuit
U.S. Court of Appeals, Seventh
Circuit
U.S. Court of Appeals, Tenth
Circuit
U.S. Court of Appeals, Fifth
Circuit
EDUCATION
• University of Missouri School of Law (J.D., 1983)
o Order of Barristers
• University of Missouri (A.B., 1980)
PROFESSIONAL ACTIVITIES
• The Missouri Bar (Labor Law Committee)
CHARITABLE AND CIVIC INVOLVEMENT
• 911 Vision Foundation (Board of Directors)
• Nusach Hari B'Nai Zion Congregation
• Muscular Dystrophy Association (Missouri Counsel)
• Aish HaTorah of St. Louis (Executive Board)
• Volunteer Lawyers and Accountants for the Arts
ACCOLADES
• Benchmark Litigation, Labor and Employment Star (2019-present)
• Selected as a 2013 Top Rated Lawyer in Labor & Employment by Martindale-
Hubbell and American Lawyer Media (ALM)
• Chambers USA: America's Leading Lawyers for Business for Labor and
Employment Law (multiple years)
• The Best Lawyers in America
®
; Employment Law – Management, Labor Law—
Management, Litigation—Labor and Employment (2008-present); Lawyer of the
Year (2015-2017)
• Missouri/Kansas Super Lawyers
®
(2008-present); Super Lawyers
®
, Business
Edition (2011-2014); Super Lawyers
®
, Top 100 Missouri & Kansas (2012-2014);
Super Lawyers
®
, Top 50 St. Louis (2012-present)
• AV
®
Peer Review Rated, Martindale-Hubbell
EXPERIENCE
Summary Judgment for Fortune 100 Company on MHRA Claims
Obtained summary judgment on Missouri Human Rights Act (MHRA) claims in state
court for a Fortune 100 company based on untimeliness and failure to exhaust
administrative remedies.
Secured Unconditional Defense Coverage from Insurer for Client
Client company and its executives were sued by a former employee for various claims
arising from allegations of sexual harassment. The client’s insurer denied coverage.
After prevailing upon the insurer to withdraw its disclaimer, the insurer agreed to
provide an unconditional defense and indemnity for the claims against the client.
Summary Judgment in Employment Discrimination Case
Secured summary judgment in the Circuit Court of Cape Girardeau County, Missouri, for
a university client in a heavily contested employment discrimination case. A former
university coach claimed she was discriminated against based on gender stereotyping
and implicit bias. Following numerous depositions and testimony from expert witnesses
on both sides, the Court granted summary judgment for the university on all counts.
Decertification of Collective Action, Denial of Class Certification, Partial Summary
Judgment in Overtime Misclassification Complaint
Secured collective action decertification and denial of class certification for a client in
U.S. District Court for the Eastern District of Missouri, regarding a complaint in which
current and former employees asserted overtime claims based on alleged
misclassification as exempt employees under the Fair Labor Standards Act and under the
wage and hour laws of the states of Missouri and Washington.
Withdrawal of Unfair Labor Practice Charge Against Manufacturer
Successfully defended a pet food company against an unfair labor practice charge filed
with the National Labor Relations Board. In filing the charge, a union alleged the client
unlawfully disciplined and discharged one of its employees because of his support for
the union during its organizing campaign. Following a vigorous defense against the
allegation, the union withdrew the charge.
Summary Judgment for Hospital in FMLA Retaliation Suit
Obtained summary judgment ruling for a hospital in the U.S. District Court for the
Eastern District of Missouri. The lawsuit brought by former employee alleged retaliation
under the Family and Medical Leave Act.
Representation in Class Action Involving Biometric Information Privacy Act
Represented corporate client in employment- related class action involving the Illinois
Biometric Information Privacy Act.
Dismissal of Wrongful Termination Suit for University
Obtained dismissal of lawsuit brought in the U.S. District Court for the Eastern District of
Missouri by the former employee of a university, who claimed wrongful termination in
violation of the Americans with Disabilities Act and Missouri Human Rights Act.
Favorable Ruling for University Granting 11th Amendment Immunity
Obtained favorable ruling in U.S. District Court for the Eastern District of Missouri
granting employer 11th Amendment immunity from future litigations.
Enforced Arbitration Agreement for Securities Company
Successfully enforced an arbitration agreement against a current employee of a large
securities brokerage company in St. Louis County Circuit Court, resulting in withdrawal
of the employee’s attorney and dismissal of the employee’s claims.
Favorable Result in FLSA Employee Misclassification Case
Achieved a favorable trial result in the United States District Court for the Western
District of Texas on behalf of a client accused of misclassifying a significant portion of its
workforce as exempt from the overtime requirements of the Fair Labor Standards Act
(FLSA) after several years of litigation.
Partial Summary Judgment in FLSA Misclassification Action
Obtained partial summary judgment on behalf of a client in a Fair Labor Standards Act
(FLSA) misclassification collective action, reducing the potential scope of class and the
client's potential exposure by over 90%.
Resolution of Fraud, Wrongful Termination, Other Claims
Obtained a favorable result in a jury trial in the United States District Court for the
Western District of Missouri on behalf of an international corporation that had been
sued by a number of former employees for fraud, wrongful termination in violation of
public policy, and a number of other tort claims. After trial, the remaining claims settled
for a small fraction of the settlement demand, saving the client hundreds of thousands
of dollars.
