Practice Areas & Industries: Keller and Heckman LLP


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Practice/Industry Group Overview

As is the case with many other areas of business law, a modern employment law practice places great emphasis on preventive measures. Keller and Heckman's employment law practice group seeks to minimize the likelihood of employee relations or labor disputes, including claims of employment discrimination, wrongful discharge or sexual harassment. The firm's employment attorneys draft or review clients' existing personnel policies, employee handbooks and employment applications to help ensure full compliance with federal and state requirements. A growing trend to characterize employee handbooks or corporate policy documents as implied contracts makes a legal review essential.

Keller and Heckman's employment attorneys counsel and train clients on matters such as workplace violence, harassment, drug/alcohol testing, continuation of health benefits (COBRA) and compliance with the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). In this vein, Keller and Heckman advises employers prior to an employee termination, a serious disciplinary action, or a major policy change to determine if the contemplated action violates federal, state or local anti-discrimination statutes or other legal requirements. We also monitor pending legislative and regulatory actions in the employment area and attend key Congressional and agency hearings.

Keller and Heckman's employment attorneys work with the firm's litigation department to defend clients in state and federal courts when individuals or groups of employees file discrimination suits or institute wrongful discharge actions. The firm's employment lawyers also represent clients on a broad range of labor issues before government agencies - including the National Labor Relations Board, the Equal Employment Opportunity Commission (or comparable state agencies), the Department of Labor (including the Wage and Hour Division and the Occupational Safety and Health Administration) and the Department of Justice (including immigration and ADA matters).

In conjunction with the attorneys in Keller and Heckman's health and safety practice, the firm counsels clients on compliance with the vast body of regulations issued by OSHA and various state agencies, and develops individualized compliance programs. Keller and Heckman's attorneys also provide guidance on effective methods of preparing for and handling OSHA inspections.


Services Available

Group Presentations
  The Employment Law Aftermath - Updates with Manesh Rath, April 8, 2014
April 8, 2014 Quarterly Employment Law Aftermath, April 8, 2014
Past Seminar Materials
  Ice Raid Workshop, Part II: After the Raid Criminal Issues in ICE Enforcement, Vancouver, British Columbia, Canada, June 25, 2008
2008 AILA DC Annual Conference, Washington D.C., March 6, 2008
Protecting Yourself and Your Client From Criminal Liability and Discrimination and Immigration Related Unfair Employment Practices, Chicago, Illinois, February 28, 2008
Articles Authored by Lawyers at this office:

First Circuit Rules That Employee Work During Break Times Constituted Uncompensated Overtime
Manesh K. Rath, November 05, 2013
The First Circuit recently ruled that employee work performed after hours or during breaks constituted uncompensated overtime under the Fair Labor Standards Act (FLSA). The case is Manning v. Boston Medical Center Corp.

OSHA Proposes Revisions to Crystalline Silica Standard
Lawrence P. Halprin,Manesh K. Rath,David G. Sarvadi, November 05, 2013
On September 12, 2013, the Occupational Safety and Health Administration (OSHA) issued a proposed rule to establish comprehensive, substance-specific health standards for occupational exposure to respirable crystalline silica (RCS) for General Industry, Maritime, and Construction activities.

Sixth Circuit Decision Upholds Board Decision Permitting "Micro Units"
Alyssia Bryant,Manesh K. Rath, November 05, 2013
The Sixth Circuit recently affirmed the National Labor Relations Board’s decision in Specialty Healthcare II finding that a “micro-unit” is an appropriate bargaining unit. The case is Kindred Nursing Centers East, LLC v. National Relations Board.

Second Circuit Rules Class Action Waiver In Arbitration Agreement is Enforceable
Manesh K. Rath, November 04, 2013
The Second Circuit recently issued a critical decision recognizing the enforceability of a class action waiver and arbitration agreement that was duly entered into between an employer and an employee. The case is Sutherland v. Ernst & Young LLP.

State and Local Laws Expand Employer Duty to Accommodate Family Status
Barbara Levos,Manesh K. Rath, November 04, 2013
The San Francisco Family Friendly Workplace Ordinance was approved on October 9th, 2013. This ordinance requires employers of 20 or more employees to consider flexible or predictable working arrangements to assist employees who are in caregiver roles. The law prohibits employers from taking an...

Deadline for Training Employees on the OSHA Hazard Communication Standard's New Label and SDS Formats is Dec. 1
Lawrence P. Halprin,Manesh K. Rath,David G. Sarvadi, October 25, 2013
Employers must train employees on the new label elements and Safety Data Sheet (SDS) format adopted by the Occupational Safety and Health Administration’s (OSHA) revised Hazard Communication Standard (HCS) by December 1, 2013. The HCS was revised in 2012 to largely conform to the United...