Conner & Winters labor and employment attorneys advise and represent employers in all aspects of personnel law, union-management relations, employment litigation, and employee benefits matters. The firm assists clients in navigating the ever-changing landscape of state and federal workplace laws. We combine our in-depth understanding of the client’s business and industry with our experience in handling virtually every kind of labor and employment issue that might arise.
Representing employers of all shapes and sizes
Our labor and employment practice is nationwide — the attorneys in this practice area are based in several of our regional offices. Our lawyers represent clients before federal agencies, including the EEOC, OSHA, NLRB, Department of Labor, and Justice Department. We also represent employers in federal and state court proceedings and before state human rights and fair employment practices agencies. We represent both public and private employers. Our clients include Fortune 500 companies, small businesses, and nonprofits.
The depth and breadth of our employment practice is confirmed by our ability to assist clients in the following areas.
Alternative dispute resolution
Our labor and employment lawyers frequently represent employers in mediation and arbitration of labor and employment disputes. Our lawyers include those with special experience in alternative dispute resolution who have served as neutrals, adjunct law school professors, and federal court adjunct settlement judges.
Corporate compliance and ethics
Our attorneys are experienced in the area of corporate compliance and ethics. We provide guidance on all employment-related aspects of compliance programs, including the development of complaint resolution programs and the conduct of compliance-related investigations. We represent employers who face whistleblower challenges under various federal and state statutes, e.g. Sarbanes-Oxley, the Energy Reorganization Act, the Surface Transportation Assistance Act, the Wendell H. Ford Aviation Investment and Reform Act, and various environmental statutes.
Counseling
Because litigation is often better avoided, our attorneys regularly provide advice and counsel to our clients regarding measures that can minimize the risk that workplace concerns or disputes might result in litigation. This day-to-day consultation with clients on employee discipline and termination issues results in the avoidance of many claims and lawsuits. Some of the areas in which we can assist include:
- Developing strategies to avoid or minimize the potential for wrongful discharge and employment discrimination litigation
- Counseling on disciplinary matters and staff reductions
- Strategizing on disabilities-related issues and questions, including accommodations for employees under the Americans with Disabilities Act (ADA)
- Considering all alternatives and seeking prompt and cost-effective ways to achieve client and litigation goals
Discrimination, retaliation, and wrongful termination
We represent clients in all types of discrimination charges and lawsuits, including those based on disability, race, sex, religion, national origin, age, and wrongful discharge. We frequently appear as counsel on claims arising under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection Act (OWBPA), the Family Medical Leave Act (FMLA), the Pregnancy Discrimination Act (PDA), and the Fair Labor Standards Act (FLSA). We conduct internal investigations into alleged workplace harassment or other types of employment issues, including violations of internal policies and procedures.
Employment agreements, executive agreements, and compensation
Our attorneys have the necessary experience to develop and defend non-competition agreements, as well as to represent our clients in disputes with competitors over employment issues. Our employee benefits lawyers supplement our ability to draft executive contracts and devise compensation arrangements, including deferred compensation and stock option plans, to suit each client’s specific needs.
Employment alerts and white papers
Conner & Winters attorneys stay abreast of the frequent changes in the interpretation and application of labor and employment laws. We issue employment alerts for clients of the firm to advise on legal developments and to provide practical information on the consequences of those developments for employers. Our lawyers are frequently requested to write and speak on a variety of employment topics.
Family and Medical Leave Act
The FMLA contains nuances and pitfalls that warrant a close relationship with knowledgeable employment counsel. Our attorneys are at-the-ready to advise clients on issues such as abuse of intermittent leave rights under the FMLA, the interplay of the ADA, USERRA, workers’ compensation laws, and state laws, and similar issues. When FMLA issues develop into lawsuits, we are well equipped to defend employers.
Handbooks
An employee handbook can enhance a company’s relationship with its employees, provide predictability in human resource administration, and provide a useful tool in the defense of wrongful termination, discrimination, and harassment claims. Our attorneys routinely draft, audit and revise employee handbooks for organizations of all sizes. In addition to a multitude of employment policies, we routinely develop substance abuse policies and drug and alcohol conduct and testing policies that comply with various state and federal laws and regulations.
Harassment
Harassment can take a variety of forms including sexual, gender, age, religious and national origin harassment. Our labor and employment attorneys are seasoned veterans in addressing the challenges that instances of workplace harassment pose. We work with clients to develop proactive tools to minimize the potential for harassment, including policy development and providing training for employees and management. When disputes arise, we provide counseling prior to any employment action, guide or conduct internal investigations, and defend against harassment lawsuits.
Immigration
Conner and Winters assists clients in obtaining temporary employment visas for executives and managers, researchers, and other specialized technical employees; obtaining permanent residence status for foreign nationals; assisting clients in planning for the immigration impact of mergers and acquisitions; and providing guidance on I-9 compliance, social security “no match” letters, employment verification and E-Verify program requirements, as well as related anti-discrimination provisions under the Immigration Reform and Control Act of 1986 and state immigration laws.
Labor
In the traditional labor law arena, Conner & Winters has experience in representing management in union avoidance campaigns, defense of unfair labor practice charges, labor negotiations, grievance arbitrations, and implementation of strike strategies. Our attorneys are well versed in the workings of the NLRB and the RLA and represent clients in proceedings before both agencies. Conner & Winters also represents public employers who operate under state collective bargaining statutes.
Reductions in force
We advise clients in the planning and implementation of reductions in force, including compliance with The Worker Adjustment and Retraining Notification Act (WARN) and parallel state laws.
Training solutions
Effective training can minimize workplace disputes and litigation. Our attorneys are well positioned to assist clients in this area because we can call on the practical insights developed as a result of our hands-on experience in labor and employment disputes of every kind. Examples of our legal services in this area include:
- Anti-harassment training, including training on sexual harassment
- Senior management roundtable training designed to facilitate a comprehensive understanding of the scope and implications of state and federal employment laws
- Supervisor and employee training programs to aid in the implementation of company policies
- Preventative training in union avoidance
Termination and unemployment compensation claims
Our attorneys assist employers in analyzing employment claims, including offering strategic advice in connection with the process of an employment termination. Where claims materialize, we assists clients at each step of a proceeding, from the initial response to the appeal. Additionally, our attorneys advise employers regarding Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Health Insurance Portability and Accountability Act (HIPAA) implications related to termination.
Wage and hour issues
Our attorneys are knowledgeable and well versed in issues arising under the FLSA and similar state wage and hour laws. We provide advice and counsel to clients concerning the detailed requirements of wage and hour laws, including employee classification and potential independent contractor arrangements. Our attorneys also represent clients in wage and hour litigation and audits.
Workers’ compensation defense
In addition to working with insurance carriers and self-insured employers in reducing overall liability exposure related to workers’ compensation claims, the firm’s skilled attorneys provide comprehensive counseling in this area. We assist clients with issues such as risk management, creation and implementation of safety programs, OSHA compliance, and the interplay of other federal and state laws such as the ADA and the FMLA.
