Dan McGinn has been representing and advising businesses in labor and employment matters since joining Brooks Pierce in 1971. With a background in labor and employment, he has been involved in every aspect of the field, including representing employers before the EEOC and NLRB.
Dan has represented companies in more than 100 labor and employment civil suits in federal and state courts and in more than 150 labor arbitration hearings. He has appeared in oral arguments in 15 cases before the U.S. Fourth Circuit Court of Appeals, and has also appeared before the U.S. Supreme Court.
In addition to his representation in litigation, Dan provides counsel to employers on a variety of labor-related issues, including union contract negotiations and union organizational campaigns.
The 2019 Chambers USA guide states that "Daniel McGinn possesses a wealth of experience in labor and employment disputes, particularly in cases concerning discrimination and whistle-blower claims. Sources consider him to have ‘a good reputation for being both zealous and reasonable.’”
The businesses Dan has worked with include:
- American Telephone and Telegraph Company (AT&T)
- Burlington Industries, Inc.
- Carolina Telephone & Telegraph Company
- Domtar Paper Company
- Hearst Corporation
- ITG Brands
- Libbey Owens Ford Company
- Olin Corporation
- The Kroger Company
- Norfolk Southern Corporation
- Sprint Corporation
- Time Warner Cable
- Volvo Trucks, N.A.
- Western Electric Company
- Weyerhaeuser Company.
Dan has decades of experience representing employers in EEOC lawsuits, including unfair labor practice hearings. He regularly defends employers in a wide range of industries against charges of racial, gender, and age discrimination; unlawful termination; and retaliation.
Dan developed his practice in employment law in the early 1970s, working alongside Thornton Brooks, who was known at the time as one of the leading employment lawyers in North Carolina. He was able to see the development of EEOC and civil rights regulations in real time, and understands the myriad of implications these regulations have for employers. Dan puts that historical understanding of EEOC laws to work, counseling employers on how to avoid claims of discrimination and unfair labor practices.
Dan previously worked for the National Labor Relations Board’s regional office in Winston-Salem, and has an in-depth understanding of NLRB-related issues. Dan represents numerous employers before the NLRB against unfair labor charges brought by unions and employees.
He also counsels employers on union organization issues and campaigns, develops union avoidance strategies, and drafts and negotiates union contracts. He has worked with businesses in a variety of industries, including food service, transportation, tobacco production, manufacturing, and telecommunications.
Recognized as a "Labor and Employment Star" by Benchmark Litigation (2019, 2020)
Selected by his peers for inclusion in The Best Lawyers in America© in Litigation - Labor and Employment (Greensboro "Lawyer of the Year" 2019), Employment Law – Management, and Labor Law - Management (1993-2020)
Recognized in North Carolina Super Lawyers (Thomson Reuters) in Employment and Labor Law (2006-2020) and Top 100 (2006, 2008-2009, 2012-2015)
Recognized in Super Lawyers Business Edition in Employment & Labor Law (2015)
Recognized by Chambers USA: America's Leading Lawyers for Business for Labor and Employment Law (2004-2019)
Recognized by Benchmark Litigation as a "Local Litigation Star" in Labor and Employment Law (2017-2019)
Recognized by his peers for inclusion in Business North Carolina’s "Legal Elite" in Labor and Employment (2002, 2004-2007, 2009, 2011-2014)
Jonathan R. Harkavy Award - Received from the Labor and Employment Section of the North Carolina Bar Association in 2010 (third lawyer to receive the award for overall contributions to labor and employment law)
Employment Law Committee, Labor and Employment Law Section, American Bar Association
Development Committee, North Carolina Bar Foundation (2006 – present)
Legal Counsel and Executive Committee member, United Way of Greater Greensboro (2011-present)
Chair, Wake Forest Law School Law Alumni Council (1996-97)
Member, Wake Forest Law School Board of Visitors (1999 – present)
Chair, North Carolina Labor & Employment Law Section (1987-88)
Virtues I most respect: the ability to listen, patience, and dedication to doing a superb job
My occupation if I wasn’t a lawyer: sports writer
The best thing about Brooks Pierce: The firm’s ability to attract bright and dedicated persons who have high personal and professional standards.
My heroes in real life: Thornton Brooks, my mentor and the best labor and employment lawyer in North Carolina; and my father, whose ability to relate to and get along with others was unparalleled.