Practice Areas

INTRODUCTION

The members of the Labor and Employment Practice Group provide solutions for employers seeking to navigate the maze of state and federal regulations governing the workforce. Emphasis is placed on preventative measures: our attorneys draft employment policies and procedures, audit client’s employment practices, conduct sensitivity training, and offer advice before employment problems escalate to full-scale employee disputes. However, even the best of employers are sometimes surprised by litigation filed by their employees. In such situations, the litigators of the Labor and Employment Group stand ready to assist with a vigorous defense against all employee claims.

COMPLIANCE, PREVENTION & TRAINING

Labor and Employment Group attorneys regularly counsel the firm’s clients on discipline and discharge, sexual harassment investigations, enforceability of covenants not to compete, downsizing, and the Fair Labor Standards Act (“FLSA”). We advise on reasonable accommodations of employee’s religious beliefs or employee disabilities protected by the American’s with Disabilities Act (“ADA”). We assist employers planning for downsizing or termination, and ensure that severance agreements are adequate to procure release of employees’ claims under the WARN Act and the Age Discrimination in Employment Act (“ADEA”). We can provide sensitivity training to your entire workforce, or train your supervisory staff on how to address and investigate employee complaints. If necessary, our attorneys can conduct internal investigations of harassment or other claims. Our attorneys will audit your employment practices and assess their compliance with the many statutes and regulations regulating your workforce. We also work closely with the firm’s Intellectual Property group to structure the employer-employee relationship to protect the employer’s trade secrets, inventions and other intellectual property.

POLICY AND HANDBOOK DRAFTING AND REVIEW

In today’s legal environment, there are certain policies no employer should be without. Failure to have these policies in place can significantly impact your liability. Our attorneys will work with you to ensure that your anti-discrimination policy passes muster, that your Family and Medical Leave Act (“FMLA”) policy is kept current, and that your drug-testing policy comports with state and federal law. We’ll review your current employee handbook and provide constructive feedback, or work with you to design a handbook tailored to the needs of your workforce. We also craft policies addressing employee safety, employee privacy rights, and internal discipline and discharge procedures.

LABOR AND EMPLOYMENT LITIGATION AND ARBITRATION

The Labor and Employment Group’s litigators are trial-tested, having tried and arbitrated cases arising under Title VII of the Civil Rights Act of 1964 (prohibiting employment discrimination based on race, color, religion, sex or national origin), the Age Discrimination in Employment Act, the FMLA, the FLSA, the Americans with Disabilities Act, the Labor Management Relations Act (“LMRA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the Employee Retirement Income Security Act (“ERISA”), the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Equal Pay Act, the Pregnancy Discrimination Act, 42 U.S.C. 1983, and the Utah Antidiscrimination Act. We regularly litigate the enforcement of covenants not to compete, including seeking temporary and permanent injunctions for their violation. Our attorneys have litigated labor and employment cases in all state and federal courts in Utah, the Equal Employment Opportunity Commission, the United States Department of Labor, the National Labor Relations Board, the Utah Labor Commission, the Utah Antidiscrimination and Labor Division, and the Nevada Equal Rights Commission. Where employment claims are subject to an agreement to arbitrate, we will assist with the arbitration itself, as well as any court proceedings necessary to compel arbitration.

COLLECTIVE BARGAINING AND UNION RELATIONS

Our labor attorneys have experience in all phases of the collective bargaining relationship, ranging from strategic union avoidance planning, to addressing union organizing campaigns, to negotiating collective bargaining agreements, to the union grievance procedure and labor arbitration. We assist employers faced with unfair labor practice charges under the National Labor Relations Act, or seeking to bring such charges against a union. We counsel employers contemplating the purchase of a unionized plant, and assist with strike planning.