"I’m always available and fully committed to my clients. I give them the practical clarity and confidence to manage their workforces effectively without getting caught up in unnecessary risks. If they need to take action, I’m by their side, guiding them through the process step by step so they can resolve the issue as effectively and efficiently as possible."

Practice Description

In his national practice, noted labor and employment litigator Benjamin H. Banta advocates for companies in a wide array of matters. Ben handles discrimination, harassment, and wage-hour cases, including class and collective actions, as well as labor arbitrations and union matters.

Ben represents clients in a variety of judicial and regulatory venues, including both federal and state courts as well as proceedings before the Equal Employment Opportunity Commission, the Department of Labor, the National Labor Relations Board, and the Occupational Safety and Health Administration. Ben advocates vigorously for his clients, with an approach that can be strategically aggressive, when the situation warrants, but also always professional, cordial, and steady.

Beyond the courtroom, Ben serves as a trusted advisor who counsels clients on staying compliant in the highly complex and always-changing regulatory landscape, identifies potential legal pitfalls in policies, and clears paths to optimal resolutions of problems involving worker performance and misconduct. He also investigates employee complaints about working conditions, advises employers on wage payment issues, and handles union elections and unfair labor practice charges.

Ben’s clients operate in a variety of industries—including health care, manufacturing, media, oil field services, stevedoring, and technology. He recently returned to private practice after serving as assistant general counsel for the Fortune 500 utility company Entergy. His 11-plus years at Entergy gave him a first-hand understanding of the many human resources matters, issues, and crises that businesses frequently face. In that time Ben also gained valuable day-to-day experience in traditional labor law, as Entergy at one time had 30 collective bargaining agreements with various labor unions across the country.

In recent years, employers have grappled with areas such as disability accommodation, Covid-19 policies, and the related rise in remote work. Ben understands that many human resources departments feel overwhelmed by the challenging work environment they face and may feel hesitant at times, due to the evolving and expanding landscape of legal risk, to move forward with decisions without consulting counsel. He’s gratified to provide them with support and reassurance that their legal partner has their back and is ready to guide them adeptly through difficult and fraught situations, including matters involving employee misconduct, discipline, and terminations, as well implementing reductions in force and complying with the Worker Adjustment and Retraining Notification (WARN) Act. Clients appreciate Ben’s practical, candid, and straightforward approach to all their matters.

Someone who enjoys speaking at seminars, leadership conferences and client meetings, Ben has given talks on topics such as the Americans with Disabilities Act and the Family and Medical Leave Act and has conducted workshops and training sessions on how to effectively manage employees. His legal pro bono work has benefitted schools, social service agencies, clients with limited financial means, and churches.