Labor and Employment Law

From the executive suite to the factory floor, businesses are only as good as their people. It’s a simple formula — but one that has become increasingly complicated by a diverse, highly mobile workforce and a complex web of federal, state and local regulations. The labor and employment attorneys at Evans & Dixon help employers at every step of the employer-employee relationship and, when disputes arise, provide effective representation in employment-related disputes.

We advise small businesses, large corporations, and public and private organizations across the Midwest and in many industries, including construction, healthcare, retail, transportation, and professional and other services. We deliver cost-effective, proven solutions that help clients achieve their business objectives while minimizing potential risks. Our lawyers counsel clients in three key areas:

We help clients gain a full understanding of relevant labor and employment laws so that they can move beyond risk management and toward becoming an employer of choice. We work with clients to draft policies, procedures and performance standards, prepare employee handbooks and offer letters, negotiate effective employment contracts and agreements, and implement industry best practices in the following:

• Professional development and training for supervisors on legal trends and compliance
• Classification of employees and independent contractors, and other wage-and-hour compliance
• Workplace safety programs
• Affirmative action compliance, including diversity best practices, plan design and Office of Federal Contract Compliance reviews
• Leaves of absence, reasonable accommodations, and workers’ compensation return-to-work issues
• Drug testing policies and disciplinary actions
• Performance improvement plans and employee evaluations
• Non-competition agreements, non-disclosure agreements, and agreements by which employees assign intellectual property rights
  
  

While fewer employees are members of labor unions, organized labor remains a force to be reckoned with for many employers. We advise and represent clients on a broad range of traditional labor issues, including the following:

• Collective bargaining agreements
• Union avoidance strategies and union organizing campaigns
• Grievances and arbitrations
• Strikes, picketing, lockouts, and other economic tactics related to labor disputes
• Labor issues that accompany mergers and acquisitions, mass layoffs, plant shutdowns, and business relocations
  
  

No employer, no matter how proactive, is completely protected from potential disputes with individual employees, unions, or federal, state and local regulatory and law enforcement agencies. Our labor and employment litigators provide comprehensive counsel in the following, among other areas:

• Discrimination
• Assault, battery and other criminal actions in the workplace
• Sexual harassment,
• Wage and hour law violations, including Department of Labor investigations of minimum wage, overtime and child labor law issues
• OSHA workplace safety investigations
• Breaches of contract, non-disclosure or non-competition agreements
• Employee Retirement Income Security Act (ERISA) breaches of fiduciary duty
• Wrongful discharge, defamation, and intentional infliction of emotional distress
• Tortious interference with business relations
• Whistle blowing and retaliatory discharge.
• National Labor Relations Board (NLRB) proceedings regarding representation elections, decertification elections and unfair labor practices
• State unemployment compensation benefits claims