Ian D. Rosenthal
PRACTICE
Ian conducts mediations involving a wide variety of civil disputes and is also an experienced arbitrator on the American Arbitration Association roster of arbitrators.
Ian has substantial experience in commercial litigation. The potential issues are varied and include breach of contract claims, disputes between partners and co-owners, non-compete disputes, and tortious interference with business relations, to name a few. Some of these matters are litigated in state and federal courts, and others are resolved through private arbitrations.
Ian handles a variety of employment law matters for both employers and employees. Often this involves helping businesses to adopt policies and procedures that facilitate compliance with applicable state and federal statutes. Other frequent subjects of representation is non-compete / non-disclosure issues, employment contracts and severance agreements, and the array of issues that can arise in connection with employee demotions, suspensions, and terminations.
Ian has particular experience and expertise advising both employer and employees on matters under The Fair Labor Standards Act. In ongoing litigation, he represents employees on claims which have already resulted in awards of more than $13 million. The FLSA is the federal statute that addresses minimum and overtime wage payments. He represents employers and individuals in federal courts and in dealing with the Department of Labor Wage and Hour Division investigations. Typical issues involve what time employees are entitled to be paid for, what types of employees are exempt from overtime pay requirements, whether bonuses, “per diem” payments, and other compensation should be included in overtime pay rates, and “tip credits.” We strive to provide practical and realistic advice to clients about both the requirements of applicable laws and the real-world costs and benefits of the various options to address employment issues.
For many years Ian has worked with businesses on the range of issues that arise under or relate to the Alabama Workers’ Compensation Act. This may involve litigating workers’ compensation claims for temporary or permanent compensation benefits or medical care, but it also can involve guidance on return-to-work issues for injured employees, insurance coverage issues, the proper classification of workers as employees or independent contractors, and insuring for potential liabilities under the Workers’ Compensation Act when general contractors, subcontractors, and independent contractors work together. The firm also works with clients on retaliatory discharge and constructive discharge claims that are brought pursuant to Alabama Code Section 25-5-11.1, as well as co-employee claims which may be asserted despite the broadly applicable exclusivity provisions of the Workers’ Compensation Act.
Recognition
- Designated 2017 Lawyer of the Year, Mobile Workers’ Compensation Law – Employers by Best Lawyers®, Top Attorney in Workers’ Compensation
- Designated top rated attorney by Super Lawyers 2013-2022
- AV Peer Review Rating, Martindale-Hubbell
ADMISSIONS
EDUCATION and HONORS
- University of Virginia School of Law, J.D. (1996)
- University of Michigan, B.A. with High Distinction, Double Major: Psychology and History (1992)