Employment and Labor Law

BrownWinick’s Employment, Labor Law and Employee Benefits practice group focuses on anticipating and preventing employment problems before they result in litigation. We counsel both public and private employers on day-to-day employment issues such as discrimination in employment, termination and layoffs, wage and hour disputes, individual disciplinary problems and benefit related matters. We also provide counseling and on-site training on issues such as hiring, disciplinary actions, drug testing, terminations and layoffs, employment and severance contracts, covenants not to compete and employee handbooks. We assist with compliance regarding a variety of state and federal laws such as workers’ compensation, occupational safety and health, wage and hour, and state and federal antidiscrimination laws such as Title VII, the Americans With Disabilities Act, the Family Medical Leave Act and the Age Discrimination in Employment Act. We conduct investigating workplace complaints including, but not limited to, sexual harassment, retaliation, whistle-blower and discrimination complaints. We assist clients with anti-union campaigns. Because not all employment problems can be anticipated or resolved prior to litigation, we also defend employers before a variety of local agencies, and federal and state courts.  Where appropriate, we also represent employers in alternative dispute resolution forums, including mediation and arbitration.

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Services Offered:

Preventive Employee Relations
Development of employee handbooks, human resources audits, as well as personnel policies and procedures designed to increase compliance, avoid litigation and prevent union organizing.  Protection of multiple business enterprise options (e.g., “double breasting” and business acquisition).

Employment Litigation
Representation of employers in state and federal courts, state, federal and local agencies, arbitrations and mediations. The types of claims we have been involved in include, but are not limited to, wrongful termination (discrimination and violations of public policy), sexual harassments, wage claims under state and federal law, ERISA claims, whistle-blower claims, violation of restrictive covenants, retaliation claims, workers’ compensation claims, breach of contract, interference with contract, interference with prospective business advantages, fraudulent misrepresentation, negligent misrepresentation, defamation and breach of fiduciary duty.

Employment-at-Will
Counseling and drafting of policies and procedures to protect employers from liability for tort or contract claims liability and to preserve “employment-at-will” standards.

Discrimination Cases
Investigating discrimination claims in the workplace. Representing clients in defending EEO charges at the local, state and federal levels before agencies and in the courts; proactive counseling review of personnel policies matters and procedures to ensure compliance and prevent or minimize claims.

Arbitration
Advice and representation in labor and employment arbitration matters, including strategy development, case presentation and legal briefing.

Workplace Health and Safety
Representation of employers in enforcement actions by OSHA and state agencies; counseling of clients in policy and preventive practice development and handling emerging workplace health and safety issues.

Labor Relations
Representation of unionized employers in anti-union campaigns and in all aspects of the collective bargaining process, including negotiation and drafting of collective bargaining agreements. Counseling employers in maintaining union-free workplaces. Representation of clients before the National Labor Relations Board, Wage and Hour Division of the Department of Labor, Occupational Safety and Health Administration and similar Iowa state agencies.

Immigration
Advise employers with respect to their employment eligibility verification obligation under federal law (the I-9 process), which applies to all employers. Assist our clients in identifying and obtaining the proper work authorizations for their foreign workers, including H-1B nonimmigrant visas where applicable. Work with employers to ensure that they are able to hire and retain foreign workers and comply with the laws and regulations governing the employment relationship.