Practice Areas - Labor and Employment

 The Firm’s Labor and Employment practice covers the broad range of issues facing employers of every shape and size.

 

“Traditional” Labor Law. The Firm has one of the most active practices in the region in representing the interests of management against labor unions. The Firm regularly advises employers as to how to avoid union organization, comply with union election procedure, managing union “salts,” collective-bargaining agreements, union picketing, and employment procedures. The Firm also regularly represents employers before the National Labor Relations Board regarding election petition filed by unions, unfair-labor charges, and employer grievances. The Firm also helps employers manage ERISA related issues such as contributions and withdrawal issues related to an employer’s participation in union benefit funds.

 

Employment Law. In the employment law arena, the firm deals with day-to-day counseling of employers in all areas of employment law, from the creation of personnel policies to the investigation and litigation of race, sex, age, disability, sexual preference, harassment, implied contract, wrongful discharge, and matters arising under the Fair Labor Standards Act and OSHA.  The Firm handles some of the more unusual employment cases, such as whistleblower, retaliatory discharge, negligent hiring and negligent firing cases, and dealing with public “prevailing wage” issues. The Firm also advises educational institutions regarding compliance with the myriad of federal regulations such as the Clery Act.

Executive Compensation. The Firm advises on complex compensation matter for public and private entities with respect to executive management and boards of directors. The Firm represents entities, individuals, and compensation committees in all stages of the employment process, from negotiating and drafting employment arrangements to separation agreements.

 

Some Representative Matters:

  • Avoiding and defending against Wrongful Termination claims.
  • Employment Discrimination, Hostile Work Environment, and Retaliation Claims by employees in all of Pennsylvania’s state and federal courts, as well as before the Equal Employment Opportunity Commission ("EEOC") and the Pennsylvania Human Relations Commission under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act and Pennsylvania Human Relations Act.
  • Unfair Labor Practice charges before the National Labor Relations Board and the Pennsylvania Labor Relations Board, Union Petitions and Salting.
  • Wage and Hour claims by the United States Department of Labor under the Fair Labor Standards Act.
  • Prevailing Wage claims by the Pennsylvania Department of Labor and Industry.
  • Claims brought under the Pennsylvania Minimum Wage Act and the Wage Payment Collection Law.
  • Employee Retirement Income Security Act ("ERISA") violations.
  • Violation and enforcement of non-compete agreements.
  • Unemployment Compensation claims and hearings.

 

Attorneys:

Walter H. Flamm, Jr.

Thomas L. Heimbach

Thomas P. Stevens