A company’s relationship with its employees is no longer a purely private matter.  Congress and the individual states have enacted a myriad of laws regulating what an employer must – and must not – do in its workplace.  Failing to know about or follow those laws can devastate a company. We have the knowledge and experience to help companies of all sizes avoid lawsuits by formulating and implementing lawful policies that ease employee relations, by counseling employers faced with day-to-day, unusual or difficult employee issues, and by providing training to assist companies and their supervisors from inadvertently exposing the company to liability.  When claims are made of unlawful workplace conduct, we are available to ensure a proper investigation and response. 

If employees bring charges or lawsuits, we are there to examine the merits of the action, defend the company, communicate its message to the court and opposing parties, and seek a result that meets the company’s legal, economic and other goals.  We understand how costly and disruptive employment litigation can be for a company, and work with our clients to minimize the hardship.    

AREAS OF EXPERTISE:

EMPLOYMENT LITIGATION

• Breach of employment agreement
• Discrimination (e.g., race, gender, disability, religion, age)
• Non-competition / non-solicitation / non-piracy agreements
• Sexual, racial and other harassment
• Wage and hour (e.g., failure to pay overtime, off-the-clock work)
• Whistleblower claims
• Wrongful discharge  

ADMINISTRATIVE ACTIONS

• Equal Employment Opportunity Commission
• Civil Rights Division of the Arizona Attorney General’s Office
• Department of Labor
• National Labor Relations Board

EMPLOYMENT COUNSELING

• Agreements with employees - non-complete / non-solicitation / confidentiality
• Background checks and compliance with the Fair Credit Reporting Act
• Disabled employees – accommodations under the ADA
• Drug testing policies and procedures
• Leave policies and implementation (e.g., medical leave, family care leave, military leave, victim’s leave, pregnancy leave, new child bonding leave, time off for voting or jury duty)
• Handbooks and policies
• Investigations of workplace conduct
• Religious practices – recognizing and accommodating
• Sexual harassment - avoiding and responding to claims
• Termination and discipline decisions - minimizing risk
• Unions - avoiding and responding to organization threats
• Violence - avoiding and responding to threats in the workplace
• Wage and hour compliance (overtime, minimum wage, child labor)

TRAINING

• Sexual harassment training for all employees
• Supervisor training – discrimination
• Supervisor training – union avoidance

UNION AVOIDANCE

• Policies that comply with the NLRA
• Policies and practices that minimize risk of union selection
• Lawfully and effectively responding to actual union organizing attempts
• Defending unfair labor practices