Labor and Employment Law

Phillips Lytle routinely assists clients with navigating the complexities of the Americans with Disabilities Act of 1990 (ADA), the Americans with Disabilities Act Amendment Act of 2008 (ADAA), Rehabilitation Act of 1973 (“Rehabilitation Act”), the Fair Housing Amendments Act (FHAA) and other federal, state and local laws. Our experienced attorneys provide practical and proactive counseling on the complexities of disability discrimination and accessibility under these laws, including those areas that are continuing to expand and evolve, such as website accessibility. When it becomes necessary, our attorneys vigorously defend clients before state and federal courts and various regulatory agencies.

Our attorneys provide proactive advice, training and counseling regarding workplace issues, employee discipline, employee leave, employee manuals, handbooks, forms and policies, employee privacy, independent contractors and contingent workers, severance agreements, substance abuse and drug testing, and wage and hour issues.

We conduct training programs and investigations and provide advice regarding discipline and discharge, e-discovery and electronic communications management and preservation, interviewing and hiring, leaves of absence, reasonable accommodation, sexual and other harassment, and workplace violence.

Phillips Lytle often works with federal contractors to ensure compliance with affirmative action regulations as enforced by the Office of Federal Contract and Compliance Programs (OFCCP). We prepare and implement affirmative action plans and assist covered employers with recordkeeping and applicant tracking obligations. We train human resource managers and staffing and recruiting personnel regarding compliance obligations, and work with employers to update affirmative action plans, review compensation issues and prepare self-identification forms and EEO-1 and VETS-100A reports.

We develop desk audit submissions with the objective of minimizing extensive information requests from the OFCCP. We work with clients to respond to OFCCP information requests in a cost-effective manner. We also have experience helping clients avoid citations and allegations of discrimination in connection with audits conducted by the OFCCP.

Alternative dispute resolution is often a more cost-effective alternative than litigation. Phillips Lytle’s Labor and Employment Law attorneys have extensive experience with arbitration, mediation and other alternative dispute resolution proceedings.

Employers rely on background checks of job applicants and employees to maintain a safe and secure working environment and satisfy contractual and statutory requirements. Our Labor and Employment attorneys advise on employment issues that arise under federal, state and municipal laws relating to background checks, including nondiscrimination laws.

Our Labor and Employment team aggressively defends our clients throughout the litigation process. Our goal is to dispose of cases before trial, but when trials occur, we present a vigorous and persuasive case in order to achieve victory. Our representation includes matters related to the U.S. Equal Employment Opportunity Commission (EEOC) and state agency charges, employee disloyalty, employment contracts, non-compete and restrictive covenants, state and federal court employment discrimination litigation, workplace fraud and unfair competition, workplace torts, and wrongful discharge.

Phillips Lytle’s attorneys work with businesses to avoid and minimize the fines or violations related to Form I-9 and the requirements of the Immigration Reform and Control Act. The Labor and Employment Law Team provides counsel on Form I-9 completion and compliance, performs internal audits of I-9 forms, and trains employees on how to properly complete and store Form I-9 records. We also assist employers on responses to Form I-9 notices of inspection, notices of intent to fine, raids and criminal enforcement actions.

For companies of all kinds, an effective internal investigation can be an important tool to assess a company’s compliance with relevant laws and regulations, to respond effectively and efficiently to governmental investigations or threatened investigations and, where necessary, to work with legal and regulatory authorities to resolve potentially significant legal problems. Our attorneys have extensive experience in conducting internal investigations for our clients and regularly defend clients in litigation and proceedings.

Our Labor and Employment team has expertise managing collective bargaining, grievance and arbitration proceedings, labor strikes, unfair labor practice charges, improper practice charges, union avoidance and union organizing. Our representation in this area is built on building productive relationships with organized labor while protecting the business interests of our clients and ensuring they have the proper training and background to handle labor relations challenges if and when they arise.

We also provide advice to employers in acquisitions, mergers, and other change in control scenarios by reviewing collective bargaining agreements and addressing the implications of resulting facility restructuring or reductions in force.

Our Labor and Employment Law attorneys routinely assist clients with employment issues that arise under state and federal laws from employees’ use and misuse of social media, including monitoring of employee postings and disciplinary action arising from improper postings. We have developed and drafted employee-use policies that follow developing National Labor Relations Board (NLRB) guidelines in addition to conducting investigations relating to policy breaches. Our work includes advising businesses on compliance with emerging laws, rules and best practices associated with social media. Additionally, we have represented clients in social media-related litigation, including, but not limited to, challenges by the NLRB to a company’s social media policy.

We conduct company-wide training on numerous topics. These include, but are not limited to, training for human resource professionals and management on best practices and policies in the workplace, conducting investigations, hiring, interviewing, disciplining, wage and hour compliance, OSHA compliance, discharging and providing reasonable accommodations to employees. Our attorneys have significant experience leading managerial training pertaining to union awareness and union organizing, including training regarding lawful communications to oppose organizing drives. We are also able to provide any other customized workplace training in any other areas that clients require.

Our representation of clients also includes developing risk management programs regarding electronic communications management, preservation of evidence and electronic discovery.

Phillips Lytle attorneys are experienced in handling and advising on a wide range of state and federal wage and hour matters, including providing advice and counseling on compliance issues, developing proactive compliance strategies, and defending clients in individual, collective and class actions. Phillips Lytle’s attorneys regularly litigate wage and hour cases, including single-plaintiff, class, collective and hybrid actions. We vigorously defend clients, assess risks and liability early on, and develop customized strategies that make business sense.

We also have significant experience in benefits litigation involving ERISA and other statutes affecting employee benefit plans. We have represented employers, employee benefit plans and fiduciaries, as well as insurers in litigation, including class action litigation, arising from benefit claims, governmental investigations, contested plan interpretations, and other claims related to the sponsorship and administration of employee benefit plans. Notwithstanding the foregoing, our attorneys ideally aim to counsel clients on strategies to avoid such lawsuits.

Phillips Lytle attorneys advise clients in preventive measures and represent businesses to address potential instances of workplace fraud, unfair competition and breach of restrictive covenants. Our team offers guidance to companies of all sizes on cases of employee misconduct while providing the tools to defend their interests in the event they face an employee disclosing confidential information, stealing trade secrets, breaching restrictive covenants, committing workers’ compensation fraud, manipulating financial statements or committing other examples of fraud or misconduct.

Phillips Lytle has extensive experience representing clients dealing with the Occupational Safety and Health Administration (OSHA) and other related local, state and federal agencies. We advise clients on compliance, investigation defense, litigation and whistleblower defense. We offer proactive advice to minimize the risk of OSHA citations and ways to prepare and respond to OSHA inspections. Our experience extends from minor violation matters to significant litigation before the Occupational Safety and Health Review Commission (OSHRC).