Thomas Flaherty's practice encompasses most areas of employment and labor law, including litigation and advice involving both individual and class action matters and a broad range of issues. He represents clients in state and federal courts, before administrative agencies and in arbitration. He has litigation experience in matters involving:

  • Title VII and Section 1981 of the Civil Rights Acts
  • The Americans with Disabilities Act
  • Unfair competition and trade secret laws
  • Employment agreements, bonuses and sales commissions
  • Title III of the Civil Rights Act [public accommodations]
  • The National Labor Relations Act

He has represented clients in actions filed by the Equal Employment Opportunity Commission, the Department of Justice and the Lawyers Committee for Civil Rights and other advocacy groups. He has extensive experience in investigations, compliance training, employment contracts and policy development, and he has advised clients on a range of issues in the private school sector and under Title III of the Civil Rights Act.

On the traditional labor side, Tom's experience includes:

  • Negotiating labor contracts
  • Arbitrations
  • Union organizing campaigns, strikes, picketing and handbilling
  • Unfair labor practice charge investigation and hearings
  • Representing clients before the National Labor Relations Board through hearing and appeal

Tom is the founder of Littler Mendelson's Virginia office. Before joining Littler Mendelson, he was the managing partner in the Northern Virginia office of a national general practice firm. He was previously partner and head of a Northern Virginia labor and employment practice, where he also served as firm-wide recruiting chair. After law school, he served as a law clerk to the Honorable W. Arthur Garrity, Jr., United States District Court in Boston. Tom was editor-in-chief of The Law Review at Boston College Law School and served as an aide to A. Bartlett Giamatti while at Yale.

Professional & Community Affiliations


Employment Law Section

Fairfax Bar Association

2011 and 2012

Vice Chair

Employment Section

Fairfax Bar Association

2010 and 2011

Former President

Yale Club of Virginia

Former Director

Virginia Home for Boys


Named, Lawyer of the Year

Washinton, D.C.

The Best Lawyers in America©


Named, The Best Lawyers in America©


Named, America's Leading Lawyers for Business

Chambers USA


Named, Super Lawyer


Super Lawyers


Awarded, AV® Peer Review Rating


News, Analysis & Press

Speaking Engagements

Top 10 Mistakes Employers Make

Tysons Corner, VA

September 20, 2018

What’s Yours is Mine, and What’s Mine is Mine: The Latest on Protecting Company Trade Secrets, Non-Competes, No Poaching Agreements and Other Protections

2018 Mid-Atlantic Employer Conference, Washington, D.C.

June 5, 2018

Conducting Lawful Workplace Investigations

Tysons Corner, VA

November 16, 2017

The 2016 Election: What Does a Trump Victory Mean for Employers?

Tysons Corner, VA

December 13, 2016

Conducting Lawful Investigations: Facing New Challenges, Refining Your Techniques and Avoiding the Common Pitfalls

Tysons Corner, VA

September 21, 2016

Effectively Handling Leave & Accommodation Issues Under the ADA

Tysons Corner, VA

May 24, 2016

Privacy in the Workplace: When Asking for Information May Be Worse Than Not Knowing the Answers

Tysons Corner, VA

November 18, 2015

Noncompetes & Trade Secret Protection: An In-House Counsel’s Guide To A Big Year Of Change

Tysons Corner, VA

June 3, 2015

New Year, New Focus: Our Suggested Top HR Resolutions for 2015 (including a few targeting government contractors)

Tysons Corner, VA

December 16, 2014

Privacy, Social Media, and HR Policies: NLRB and State Law Developments

Tysons Corner, VA

November 19, 2014

A Roadmap for Hiring Competitors' Employees and Preventing Theft of Trade Secrets

Tysons Corner, VA

October 15, 2013

Employee Raiding and Other Recent Non-Compete Developments

Tysons Corner, VA

November 14, 2012

What's Next? Looking Into the Crystal Ball

Tysons Corner, VA

December 14, 2011

Retaliation and Whistleblowing: The Wave Becomes a Tsunami

Tysons Corner, VA

November 16, 2011

Social Media Grows Up — and the Authorities Are Watching

Tysons Corner, VA

September 28, 2011

Developments in the Protection of Trade Secrets and Business Goodwill

Tysons Corner, VA

November 18, 2010

Compensation Landmines: Examining Commission Plans, Bonuses and Employment Agreements

Tysons Corner, VA

September 22, 2010

Compensation Landmines: Examining Commission Plans, Bonuses and Employment Agreements

The 2010 Executive Employer Conference® - Littler Mendelson, Phoenix, AZ

April 2010

Status of the Reform Agenda: Update on Federal Developments in Year One of the Obama Administration

Tysons Corner, VA

December 8, 2009

Employee Free Choice Act

McLean, VA

May 2009

Drafting and Enforcing Employment Contracts

Virginia CLE


The Gathering Storm

Tysons Corner, VA

December 11, 2008

A Brand New (Work) Day? What the New Administration and Congress May Have in Store for Employers

November 14, 2008

The Multi-Million Dollar Dilemma

Tysons Corner, VA

November 13, 2008

Secrets, Lies and Workplace Treason

Littler Mendelson, McLean, VA

September 2008

Washington DC Update

The 2008 Executive Employer® Conference

Littler Mendelson, Phoenix, AZ

April 2008

What You Don't Know About Deferred Compensation Can Harm You: Do You Have an Action Plan?

Tysons Corner, VA

November 14, 2007

Compliance Solutions from the Boardroom to the Courtroom

Tysons Corner, VA

April 26, 2007


  • J.D., Boston College Law School
  • B.A., Yale University

Bar Admission

District of Columbia


  • U.S. Supreme Court
  • U.S. Court of Appeals, 1st Circuit
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. Court of Appeals, 4th Circuit
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 6th Circuit
  • U.S. Court of Appeals, 7th Circuit