Employment and Labor Law

Employment and Labor Law

BrownWinick's Employment and Labor Law practice group focuses on anticipating and preventing employment problems before they result in litigation.

The BrownWinick Employment and Labor Law Practice Group is a full-service group of employment lawyers that counsels 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 on-site training on issues such as hiring, disciplinary actions, drug testing, terminations and layoffs, employment and severance contracts, covenants not to compete, employee handbooks and prevention of discrimination, harassment and retaliation.

We assist our clients in complying with 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 also conduct independent investigations into workplace complaints including, but not limited to, complaints of sexual harassment, retaliation 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 in front of 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.

Services Offered:

Human Resources Evaluation
Our employment law attorneys will conduct a top to bottom review of your employment practices to determine whether your business is in compliance. This two day diagnostic exercise assists the company in evaluating its human resources priorities and exposure. After the diagnostic is complete, we issue a summary report and work with your company to correct any issues.

Preventive Employee Relations
Our employment law attorneys will partner with you to audit your human resources processes to identify and target areas of concern and create efficiencies. We develop employee handbooks and personnel policies and procedures designed to increase compliance, minimize claims or avoid litigation and prevent union organizing. We provide strategic advice regarding workforce relations and management in mergers, asset sales and other business transactions. We also draft and assist clients in negotiating employment agreements.

Employment Litigation
BrownWinick employment lawyers represent employers in state and federal courts, before state, federal and local agencies, and in arbitrations and mediations. The types of claims we handle include, but are not limited to, wrongful termination (discrimination and violations of public policy), sexual harassment, wage claims under state and federal law, ERISA claims, whistle-blower claims, violation of restrictive covenants (non-compete agreements), retaliation claims, workers' compensation claims, breach of contract claims, interference with contract, interference with prospective business advantage, fraudulent misrepresentation, negligent misrepresentation, defamation and breach of fiduciary duty.

Employment-at-Will
We provide 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.

Arbitration
We provide advice and representation in labor and employment arbitration matters, including strategy, case development, presentation, briefing and advocacy.

Workplace Health and Safety
We represent 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 Practices
We assist employers to understand the union organization process, including negotiation and drafting of collective bargaining agreements. We counsel employers in maintaining union-free workplaces. We represent 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
We advise employers with respect to their employment eligibility verification obligation under federal law (the I-9 process). We assist our clients in identifying and obtaining the proper work authorizations for their foreign workers, including H-1B nonimmigrant visas where applicable. We also 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.

Workers Compensation
We work with employers on managing complicated workers compensation issues, as well as handling the defense of claims.

Federal Contractor Compliance
We assist employers in understanding the obligations required of them under federal contracts including, but not limited to, assistance with developing and maintaining compliant affirmative action programs.


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