All businesses have something in common – they all have employees. There are a variety of regulations that impact employees from ADA, FLSA, Title VII, and FMLA to name just a few. Making sense out of the alphabet soup of labor and employment laws is complicated regardless of the size of your business and whether you are unionized or not.

The Labor and Employment Group has a diverse client base of private and public employers ranging from private corporations and health care institutions to school districts and municipalities. These clients include both non-unionized and unionized employers.

The range of services performed for employers is broad. The firm advises employers on:

• Problems regarding underperforming employees
  • Progressive discipline
  • Supervisor training
  • Evaluation procedures
• Employee discharges
  • Assessing litigation risk
  • Procedure for discharge
• Unemployment compensation
  • Required notice under Pennsylvania law
  • Answering the questionnaire
  • Presenting the employer’s case
  • Good reason and admissible evidence
  • Letter confirming discharge, COBRA, unemployment compensation
  • Negotiation of severance with full release of claims
  • Compliance with Older Workers Benefit Protection Act (OWBPA) where required
• Wage and Hour Issues
  • Employees who are entitled to overtime pay at time and one-half
  • Exemption of administrative, executive and professional employees
  • How employers inadvertently lose the exemption
  • How to calculate overtime pay
  • Special provisions for younger workers – restricted hours, safety rules
  • Assistance with Department of Labor investigations
  • Child labor (restrictions on hours and equipment)
• Investigation of workplace misconduct, including allegations of hostile work environment, sexual harassment and discrimination
• Employee policies and handbooks
  • Updates for compliance with changing laws
  • Work rules
  • Compliance with local regulations on minimum pay and paid time off
• Representation of Employers in Employment Discrimination Litigation
  • Allegations of age, sex or race discrimination
  • Response to administrative complaint before Equal Employment Opportunity Commission (EEOC) and Pennsylvania Human Relations Commission
  • Seeking and obtaining summary judgment before trial

The firm’s lawyers have successfully tried jury cases with respect to employment law matters, and in particular, employment discrimination and wrongful discharge cases.

• Representation of employers with unionized workplace
  • Negotiation of collective bargaining agreements
  • Assistance with grievance administration and interpretation of collective bargaining agreement
  • Representation in labor arbitration and injunction hearings
  • Representation in National Labor Relations Board (NLRB) and the Pennsylvania Labor Relations Board proceedings
  • Representation and assistance with work stoppages and picketing
• Employees at-will – compliance with laws and regulations affecting wages and benefits
  • Pennsylvania Wage Payment and Collection Law
  • Payment for earned, unused vacation and personal days at resignation or termination
  • References and inquiries from potential employers
• Employment Agreements
  •  Preparation
  • Litigation over terms
• Non-Competition and Non-Disclosure Agreements
  • Preparation and interpretation
  • Litigation of same
• Accommodation of Disability or Religious Principles in the Workplace
  • Adaption of workplace policies to avoid discrimination claims
• Employee Benefits
  • Annuity plans
  • Cafeteria plan
  • Compliance with Affordable Care Act (ACA)
  • Retirement Plans, Pension-related issues
  • ERISA
  • Employer withdrawal liability
  • Flexible spending accounts
  • Health Insurance/COBRA
  • Severance plans
  • Taft Hartley benefit funds
• Employee Training
  • Supervisor-training to prevent violations of law
  • Employees – inappropriate workplace conduct
• Workers’ Compensation
  • Representation of employers in workers’ compensation proceedings
  • Consultation with employers, workers’ compensation carriers and insurance
  • Counsel on strategy to resolve workers’ compensation claims
• Employee Leaves
  • Family and Medical Leave Act (FMLA) leave
  • Paid leave mandated by local ordinances
  • Requirements of non-statutory leaves under Americans with Disabilities Act (ADA)
• Safety
  • OSHA Complaints
  • Responding to OSHA investigations
• Plant Closure
  • Compliance with WARN (Worker Adjustment and Retraining Notification)
  • Provision of COBRA
• Due diligence
  • Sale of business
  • Sale of assets
  • Union contract and recognition
  • Responsibility for employee claims
• Constitutional claims
  • Avoidance of violations of Section 1983 and constitutional rights by public employers for discrimination or violations of free speech
• Public employers – the firm is often involved in administrative agency affecting public employees, such as teachers, police, firefighters and other civil servants. The firm advises school districts on issues of tenure and due process affecting professional educators and also provides:
  • Police and fire negotiations
  • Act 111 arbitration
  • Compliance with Loudermill procedures
  • Compliance with civil service procedures and hearings

Representative Experience:

• Member of trial team who obtained verdict in favor of a landscaping company who was alleged to have terminated one of its managers in retaliation for filing a workers’ compensation claim.
• Defended and reached favorable resolution of class and collective action alleging that the franchisee of a national ice cream eatery did not pay certain employees’ overtime and took improper payroll deductions.
• Successful defense of elderly business owner in emergency capacity hearing brought by son following his termination from employment. We were able to have the petitioner’s case dismissed on a non-suit for failure to establish incapacity or mental incompetence.
• Represented many businesses in the enforcement of non-compete and confidentiality agreements.
• Represented real estate developers and retail organizations before EEOC and PHRC.
• Served as outside general counsel for employment matters for multimillion dollar retail company.
• Successful negotiation of many severance agreements between clients and executives, avoiding expense and risks of litigation.
• Reviewed and oversaw redraft of harassment policies for billion-dollar trust fund.
• Successfully argued a labor arbitration appeal before the Pennsylvania Commonwealth Court, obtaining the replacement of an arbitrator who refused to clarify her arbitration award.
• Lobbied on clients’ behalf before Pennsylvania Legislature and Allegheny County Council regarding minority employment practices.
• After a non-jury trial, enjoined former employees of a steel company subsidiary from violating covenants not-to-compete and unlawful trade secret disclosures.
• Obtained defense verdicts in numerous employment discrimination and civil rights actions on behalf of municipal and federal governments and their employees.
• Conducted internal investigations for non-profit and for corporate entities involving employee misconduct.
• Reviewed and updated employment policies to ensure compliance with state and federal laws.
• Advised employers on wage and hour (overtime and minimum wage) laws and regulations, Family and Medical Leave Act (FMLA), Unemployment compensation, Americans with Disabilities Act (ADA) and preventing, investigating and handling discrimination (gender, race, age) and harassment claims.
• Labor arbitrations and negotiated collective bargaining agreements with every major union representing private and public employees.
• Drafted employee handbooks and policies.
• Discipline, termination and discharge of employees.
• Drafted employment contracts.
• Drafted non-compete, non-solicitation and confidentiality agreements.
• Drafted and negotiated severance agreements.
• Defended clients in federal and state employment discrimination trials.
• Resolved government agency investigations.
• Negotiated union contracts.
• Audited wage and hour pay practices/procedures.
• Revised employment handbooks.
• Conducted workplace harassment investigations.
• Trained management and supervisors on employment law compliance.
• Drafted and enforced non-competition and other employment agreements.
• Given strategic advice on employment practices and philosophies.
• Handled workers’ compensation and unemployment compensation hearings.

Click here to download our Comprehensive Labor & Employment Capabilities pamphlet.