Employment & Labor

The Employment and Labor Group represents management in all aspects of employment and labor matters and litigation. Large as well as small employers and corporations are represented, as well as governmental entities, and educational institutions in all aspects of employment-related legal matters. Lawyers have represented clients in litigation involving class action, as well as individual, claims under Title VII of the Civil Rights Act, ADA, ADEA, FMLA, WARN Act, and related state and local anti-discrimination laws, claims of wrongful discharge and workers’ compensation retaliation, claims arising under ERISA, and claims seeking to enforce confidentiality, non-compete, and non-solicitation agreements. The group’s employment-related representation also includes preparing and counseling management in regard to employee handbooks and policies, counseling concerning employee issues and compliance with anti-discrimination statutes, regulations, and ordinances of the federal and state governments, preparation and counseling concerning Affirmative Action Plans and OFCCP compliance reviews, OSHA compliance and investigations, and provide training on compliance with the various anti-discrimination laws. Members of the Employment and Labor Practice Group also provide advice and counseling to employers concerning executive agreements, trade secrets, non-competition and non-solicitation agreements, severance agreements, and workforce adjustment issues.

The Employment and Labor Practice Group provides training, guidance, and counseling regarding the National Labor Relations Act and the Railway Labor Act. Lawyers advise employers concerning union avoidance and advise and represent employers concerning union representational proceedings and elections, unfair labor practice investigations and hearings, contract negotiations, the administration of collective bargaining agreements, and labor arbitration hearings, including interest arbitration. The group's labor representation also includes representation in injunctions against unlawful strike activity, picketing, and work jurisdictional disputes and in litigation to enforce collective bargaining agreements.

Practice Highlights

• Recognized as a leader in labor and employment by Chambers USA. The group is noted in the top tier for their “assertive” litigation excellence and “timely and high quality” work. Two partners were honored individually.

• In two separate lawsuits in St. Louis, Missouri and Johnson County, Kansas, successfully obtained injunctions against departing high level sales producers of a nationwide staffing company that prevented them from soliciting its customers or otherwise violating their non-compete agreements and recovered attorneys’ fees on behalf of the staffing company.

• Successfully obtained injunctive relief in Branson, Missouri that prevented a competitor and former employees of a client, a nationwide company that markets timeshares and vacation club properties and services, from raiding our client's managers and sales personnel.

• In a complex eight-count lawsuit filed by a former employee of our client Columbia Public Schools, the group garnered a major victory when a federal judge granted summary judgment in favor of the District on all claims and issues.

• Obtained a victory on behalf of client, Verizon, in a labor arbitration proceeding in which the arbitrator upheld the company’s discharge of a union employee.

• Four lawyers were selected to The Best Lawyers in America 2007.

• Two of our employment & labor attorneys were selected to The Best Lawyers in America 2006.

• One partner was named Chairman of the Labor and Employment Law Committee of the Kansas City Bar Association for 2003.

Representative Matters

• Obtained a dismissal on behalf of St. Luke's Hospital in a case brought by a former nurse alleging wrongful termination and defamation. The trial court's dismissal of the nurse's lawsuit was affirmed by the Missouri Court of Appeals.

• Obtained summary judgment on behalf of UPS on all claims in a nationwide class action alleging race discrimination in promotions, pay and working conditions.

• Obtained summary judgment in favor of client company in a sexual harassment case along with an award of attorneys fees in favor of the company.

• Obtained summary judgment on behalf of Sprint in a race discrimination case. Following the plaintiff’s appeal to the Fourth Circuit Court of Appeals, we prevailed on appeal, and the U.S. Supreme Court denied review of plaintiff’s petition for certiorari.

Practice Areas

Age Discrimination Arbitration Class Action litigation Disability discrimination Employment Handbooks & Company policies Employment Litigation Employment-related training & counseling ERISA litigation Family & Medical Leave Act Immigration Mediation

National Labor Relations Board proceedings Non-compete agreements (counseling & litigation) OFCCP compliance OSHA/MSHA Pension matters Railway Labor Act Strikes, Picketing, Labor Contract violations and other court actions Title VII   Union negotiations/collective bargaining Union avoidance Wage and Hour Matters

Links

National Employers Counsel Network

HR Hero

Members of the Practice Group

Arendes, Jennifer	Leicht, Fred
Cohen, Joan	Miller, Vance
Foster, Jovita	Nashan, Melody
Halquist, Bridget	O'Toole, Daniel
Healey, Peter	Vering, John
Kaiser, Robert	Welch, David
Kass, Michael