Tom Cunningham is a shareholder in the Labor and Employment Department at Nyemaster Goode. Tom represents management of private and public sector employers, ranging from small and medium-sized businesses to publicly traded Fortune 500 companies in Iowa and throughout the Midwest. Tom has litigated discrimination and civil rights cases, and wrongful termination, FMLA, ADA, wage/hour, OSHA, and trade secret/non-competition cases in jury and non-jury trials in federal and state courts and before administrative agencies.
Tom represents employers in the traditional labor law arena, having advised employers in union avoidance tactics and organizational campaign strategies. He has also defended employers confronted with unfair labor practice charges before the National Labor Relations Board. Tom has defended employers in audits conducted by the Department of Labor, EEOC, OFCCP, and Wage/Hour Division. He represents federal contractors and subcontractors with OFCCP/Executive Order 11246 and VEVRAA compliance issues. Tom also advises employers in affirmative action plan development.
Tom has published numerous articles and addressed many legal and industry groups on labor and employment law topics, including wrongful termination of at-will employment; discrimination, harassment, and retaliation; occupational safety and health; wage/hour issues; affirmative action compliance; employment policies, discipline and documentation; enforcement of non-competition covenants; and employment contracts.
Employment Counseling and Risk Avoidance
Union Avoidance, Organizational Campaigns, and NLRB Proceedings
Collective Bargaining, Contract Administration, and Labor Arbitration
OSHA Compliance and Enforcement
Trade Secret and Non-Competition
Diversity, Affirmative Action Plan Design, and Development
Business and Commercial Litigation
Administrative Hearings, Arbitrations, and ADR
Banks and Financial Institution Litigation
Employment, Labor, and Discrimination
Intellectual Property Litigation
Higher Education and Title IX Law
University of Iowa (B.A. with distinction, 1981; J.D. with distinction, 1984)
Note and Comment Editor, Iowa Law Review, 1983-1984
Student Member, Law Faculty Recruiting Committee, 1983-1984
United States District Courts for:
United States Courts of Appeals for the Seventh and Eighth Circuits
Supreme Court of the United States
Shareholder, Pingel & Templer, P.C., West Des Moines, Iowa, 1989-2003
Associate, Watson, Ess, Marshall & Enggas, Kansas City, Missouri, 1984-1989