Employment Law & Labor Relations

Fitzpatrick Lentz & Bubba’s Employment Law & Labor Relations Group helps employers navigate the myriad challenges, laws and regulations affecting the American workplace.

With more than 12 decades of combined experience in labor and employment law, and a perspective earned as former judicial law clerks, in-house counsel, and trained mediators, we help employers avoid litigation and defend them when claims are filed.

We work closely with business owners, executives, managers and human resource professionals to ensure compliance with local, state and federal laws governing the employer-employee relationship, reduce the risk of workplace claims, and increase workplace morale and productivity.

OUR SERVICE AREAS

• Day-to-Day Counseling and Advice
  • Our Employment & Labor Relations Group works with employers and counsels them during all phases of the employment relationship. From re-hire issues and compensation questions to employee misconduct, layoffs and separations, our attorneys handle all matters, including:
    • Disability accommodations
    • Drug and alcohol testing and substance abuse concerns
    • Employee benefits
    • Employee discipline and terminations
    • Family Medical Leave Act (FMLA) protocols
    • Independent contractor classifications
    • Pre-hire documentation and background checks
    • Preparation of responses to wage and hour and other government audits and inquiries
    • Reorganizations and layoffs
    • Severance allowances
    • Unemployment compensation
    • Wage and hour and overtime laws
    • Workers compensation
    • Workplace investigations and employee complaints
    • Workplace safety and violence
• Employer Litigation Defense
  • Our attorneys know that when lawsuits or other claims are filed against employers in state and federal courts, in state and federal government agencies, and in arbitrations and mediations, they must be vigorously defended. Our employment and labor law attorneys, along with those in our litigation and trial practice have the breadth of experience and depth of knowledge to fiercely fight claims and cases brought against you.
  • Here is just a sampling of the types of cases and claims we help employers defend and bring to a quick, successful conclusion:
    • ADA
    • ADEA
    • Breach of contract
    • Civil rights and discrimination claims based on age, sex, race, disability, pregnancy, religion and national origin
    • COBRA
    • ERISA
    • FLSA
    • FMLA
    • Minimum wage and overtime violations
    • OSHA
    • Retaliation
    • Sexual harassment
    • Title VII
    • Unpaid wages and commission payments
    • Wrongful termination
• Human Resources Policies
  • Our attorneys want to help you avoid costly employee lawsuits and claims. One proactive approach to minimizing that risk is for employers to adopt and uphold strong Human Resources policies and procedures. Our employment and labor law attorneys can prepare and provide advice concerning:
    • Alcohol and drug testing policies
    • Commission payment plans and employee compensation policies
    • Confidentiality and non-compete agreements
    • Confidentiality and non-solicitation agreements
    • Employee handbooks
    • Employment agreements
    • Executive compensation plans
    • Independent contractor agreements
    • Reductions in force/layoffs
    • Severance agreements
    • Use of information technology
    • Workplace privacy policies
    • Workplace violence plans and policies
• Labor/Management Relations
  • Our attorneys represent management interests with the aim of minimizing potential labor problems. We advise and represent employers in court and at the National Labor Relations Board (NLRB) on matters of:
    • Collective bargaining negotiations
    • Labor picket and secondary boycott injunctions
    • Unfair labor practice charges
    • Union avoidance and elections
    • Union grievance and arbitrations
• Management and Staff Training
  • Our attorneys know that education and awareness of risks will help mitigate the chances that a claim or lawsuit is brought against you. To help with this effort, we can create and present training to managers and staff on various labor and employment laws, customizing trainings to address specific employer needs and concerns.
  • Popular trainings include:
    • Avoiding wage and hour and worker misclassification nightmares
    • Conducting effective workplace investigations
    • Employee interviewing and hiring for success
    • Managing without (union) interference
    • Managing employee leave issues: solving the FMLA, ADA and workers compensation leave conundrum
    • Preventing and responding to workplace violence and threats
    • Recognizing and preventing harassment in the workplace
    • Terminations without litigation