Zachary B. Busey

Shareholder

Memphis
T: 901.577.8164
F: 901.531.8494

Zachary Busey concentrates his practice on class and collective actions, particularly those arising out of the workplace, and assists clients with claims regarding wage and hour issues, restrictive covenants, and discrimination.

Featured Experience

Prevented class certification and obtained dismissal of class claims in nationwide race discrimination class action.

Avoided conditional and class certification and obtained dismissal of claims in nationwide hybrid action.

Decertified a nationwide collective of current and former employees alleging "off the clock" and misclassification violations under the Fair Labor Standards Act.

Professional Biography

Zachary is licensed to practice in Tennessee, Mississippi, and Arkansas. He is a member of the Firm's Labor & Employment Group and the Class & Collective Actions Group. In addition, Zachary is a Certified Information Privacy Professional (CIPP) and a Certified Information Privacy Manager (CIPM), as well as a member of the Firm's Data Protection, Privacy and Cybersecurity Team.

Zachary primarily focuses on class and collective actions, particularly those arising out of the workplace. He has defended collective and class actions involving everything from wage and hour violations and cybersecurity incidents to alleged discrimination and improper background checks. His recent experience includes, among other cases, a nationwide collective action covering more than 65,000 individuals; several nationwide hybrid actions (alleging violations under both state law and the FLSA); enforcement class actions filed by the EEOC; an enforcement collective action filed by the DOL; a nationwide class action alleging racially discriminatory hiring and placement practices; and a nationwide class action following a data breach. He has also negotiated and obtained court approval of collective and class action settlements that, in aggregate, have included more than 100,000 individuals.

The Firm's Data Protection, Privacy and Cybersecurity Team provides advice and counsel on all facets of electronic information management and assists with internal policy creation and training as well as outward facing messages, such as website disclosures and e-commerce platforms. The Team also quickly responds to and provides guidance in the event of a cybersecurity event or data breach. Zachary's focus is often on the litigation that follows, especially when filed on behalf of a class.

Zachary counsels clients on the impact of legalized marijuana, industrial hemp, and extracts from both, such as CBD. His experience covers a number of industries, including construction, banking, health care, and hospitality, and he works regularly with employers to ensure drug testing and other workplace policies remain defensible.

You can follow Zachary on X, @ZBusey, and connect with him on LinkedIn.

Defended individual claims and class actions following data breaches and cybersecurity incidents.
Prevented class certification and obtained dismissal of class claims in nationwide race discrimination class action.
Avoided conditional and class certification and obtained dismissal of claims in nationwide hybrid action.
Decertified a nationwide collective of current and former employees alleging "off the clock" and misclassification violations under the Fair Labor Standards Act.
Conducted internal compliance audits related to payroll practices, workforce classification, immigration compliance, and data/information security.
Implemented arbitration programs and agreements for multi-state employers that reduce, if not eliminate, multi-party, collective, and class litigation.
Following a finding of religious discrimination by the EEOC, obtained dismissal of federal lawsuit brought by former employee against national restaurant chain and obtained a complete defense verdict in subsequent arbitration proceedings.
Obtained summary judgment in enforcement action brought by the EEOC against regional petroleum distributor involving claims of same-sex, gender-stereotyping discrimination and Title VII retaliation.
Obtained partial summary judgment in enforcement action brought by the EEOC against national health care provider involving claims of disability discrimination and failing to accommodate a former employee's alleged disability under the Americans with Disabilities Act.
Obtained injunctions and protective orders prohibiting public entities from disclosing clients’ data and information in response to requests under the Mississippi Public Records Act and Freedom of Information Act.
Obtained and defeated injunctions and other emergency relief related to the enforcement of restrictive covenants, including non-compete and non-solicitation covenants.
Overcame objections based on the Stored Communications Act and obtained both content and non-content information from Facebook and other electronic communication service providers.
Advised cannabis retailers on point-of-sale issues and concerns, marketing and advertising, online versus brick-and-mortar sales, as well as shipping and delivery, both within the client (e.g., internal distribution networks) and externally with respect to end users/purchasers.
Advised farmers and agricultural clients on qualifying as a licensed/regulated cannabis grower, processor, or both.
Advised retailers, including national "big box" stores, on entering the legal cannabis market, whether to sell delta-9-tetrahydrocannabinol (THC)-containing products, zero-THC products such as ingestible and topical cannabidiol (CBD), or a combination of both.
Assisted a food manufacturing client in a Department of Labor child labor audit, resulting in a favorable consent judgment.
Defended a nationwide operator of travel centers against a nationwide collective action covering more than 65,000 individuals. Negotiated a favorable settlement with a portion of the collective and compelled the remainder to arbitration, where their claims were favorably resolved.

Panelist – "Michael Russell & Friends CLE" (October 2024)
"Social Media: Your Best Friend or Your Worst Nightmare?," Sixth Annual Hospitality & Tourism Law Symposium (July 2017)
"Gone to Pot: What You Thought You Knew About Weed in the Workplace," FedEx Litigation & Employment Law Seminar (May 2017)
Faculty – "Marijuana on the March: An Update on Cannabis Laws & the Workplace," Current Developments in Labor & Employment Law, LSBA Section of Labor & Employment Law CLE (March 2017)
Faculty – "Technology & Cybersecurity Issues for Employers," Tennessee SHRM State Conference (September 2016)
Faculty – "Ethical Considerations: What to Expect When Handling an Employment Lawsuit," Memphis Bar Association Last Minute: 'Buy the Hour' Seminar (December 2015)
"Discipline and Termination" and "Workplace Behavior and Privacy Issues," Human Resource Law: What You Need to Know Now, National Business Institute Seminar (November 2015)
Faculty – "Ethical Implications of Social Media," Tennessee Department of Children's Services, Legal Division Annual Training (October 2015)
Faculty – "Technology & Social Media for Solo, Small Firms," Tennessee Bar Association Annual CLE (August 2015)
Panelist – "Cybersecurity & Data Protection Update," First Alliance Bank (August 2015)
Guest – Lipscomb Pitts Breakfast Club Radio Show (June 2015)
Faculty – "Privacy & Social Media in the Workplace," Sterling Education Seminar (January 2014)
Faculty – "Looking Back & Looking Ahead: What Employers Need to Know in 2013," National Business Institute Seminar (June 2013)

Practices

Industries

Education

Mississippi College, School of Law, J.D.
- Clerkship – United States Attorney's Office, Criminal Division, Southern District of Mississippi
- Clerkship – Hinds County Public Defender's Office, Jackson, Mississippi
Mississippi College, School of Business, M.B.A.

Admissions

Tennessee
U.S. District Court for the Western, Middle, and Eastern Districts of Tennessee
Mississippi
U.S. District Court for the Northern and Southern Districts of Mississippi
Arkansas
U.S. District Court for the Eastern and Western Districts of Arkansas
U.S. Court of Appeals for the Fifth, Sixth, Eighth, Tenth, and Eleventh Circuits
U.S. Supreme Court

Featured Media

38 Baker Donelson Attorneys Named to 2024 Mid-South Super Lawyers; 40 Named to Mid-South Rising Stars

Press Release / November 22, 2024

Zachary Busey Comments in Law360 on Recent Rulings That Show Mixed Results for DOL's Post-Chevron Tactic

News / September 20, 2024

Tipped Over: Fifth Circuit Vacates the DOL's Rule for Tipped Employees

Publication / September 3, 2024

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Baker Donelson is a national law firm with more than 650 attorneys and public policy advisors representing more than 30 practice areas to serve a wide range of legal needs. Clients receive knowledgeable guidance from experienced, multi-disciplined industry and client service teams, all seamlessly connected across 24 offices in Alabama, Florida, Georgia, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia, and Washington, D.C.