Labor and Employment Practice

Streusand, Landon, Ozburn & Lemmon, LLP represents management in all aspects of employment law. We defend all types of employment litigation, including whistleblower claims, enforcement of non-competition agreements, discrimination and wage and hour claims. We also advise employers in connection with employment policies, procedures, and practices and assist employers in the preparation of employee handbooks, employment agreements, policies and severance packages.

We understand that employment issues are complex and present unique challenges. As a result, we work to understand our clients’ needs so that we may provide the most effective, efficient representation possible and address employment issues in a way that makes legal and business sense.

Compliance with Employment Laws and Regulations

Effective management of labor and employment issues is an important means of minimizing the number of lawsuits and increasing the likelihood of success when suit is filed. We understand this and assist our clients by working with them to satisfy the many technical requirements of employment laws, regulations and court decisions. We regularly provide advice and training on all aspects of employment law including:

• Employee handbooks and personnel policies: preparation, revision and review of handbooks and policies.
• Reductions in force (RIF): pre-RIF workforce analysis and review to minimize employer liability under plant closing, employment discrimination and various other federal and state laws.
• Human Resource audits: review of all policies and practices to ensure compliance with applicable laws and regulations.
• Substance abuse: preparation or revision of drug and alcohol policies in compliance with federal laws such as the Drug-Free Workplace Act.
• Problem employees: provide guidance and assistance to management handling performance, discipline, and termination issues.
• Workplace security: review and prepare policies and procedures to protect employees and employers from injury and liability, as well as review and prepare policies relating to monitoring of employee telephone, electronic mail, and voice mail usage.
• Attendance and leave of absence issues: preparation of policies implementing the Family and Medical Leave Act with emphasis on practical administration and overlap with disability discrimination laws.
• ADA, Title VII and ADEA issues: counseling on disciplinary actions, hiring and firing, retaliation, and reasonable accommodation issues.
• Management training: training on harassment prevention, hostile workplace issues, handling EEOC cases, dealing with problem employees, and conducting performance reviews.
• Unemployment compensation: provide advice and representation at hearings and appeals involving employee dismissals and claims for unemployment benefits.
• OSHA issues: representation of employers in investigations from beginning through final resolution.
• Immigration issues: compliance with employee work authorization requirements.
• Employment agreements: negotiate and/or draft executive employment agreements, non-compete and confidentiality agreements, invention and confidentiality agreements, and severance agreements.
• Sexual harassment training and investigations: provide guidance and assistance with sexual harassment investigations in response to complaints of harassment and provide training to supervisory and other employees concerning laws, policies, and procedures related to harassment in the workplace.

Employment Litigation Defense Practice

Streusand, Landon & Ozburn also provides effective and efficient defense of all types of employment claims in state and federal courts as well as before state and federal agencies.

• Federal agencies: defense of employment discrimination charges, affirmative action audits, wage and hour investigations, family and medical leave disputes, and occupational safety and health proceedings.
• State and local agencies: defense of employment discrimination charges and complaints and unemployment compensation, workers’ compensation, and wage payment claims.
• Federal courts: defense of lawsuits involving employment discrimination, wage and hour issues, the Family and Medical Leave Act, and the Worker Adjustment and Retraining Notification Act.
• State courts: defense of lawsuits involving employment discrimination, wrongful discharge, whistleblower claims, and employment-related tort and contract complaints.
• Alternate dispute forums: defense of employers in AAA and NASD arbitrations.

Wage and Hour and Payday Laws

We also provide advice on issues relating to the Fair Labor Standards Act as well as state laws, including the calculation of overtime and analysis of the status of employees as exempt or non-exempt. We also assist with audits and investigations by the Department of Labor, and we assist with information requests and interviews, help assemble information to respond to the agency’s initial conclusions, and provide representation in any subsequent challenges and administrative appeals. If the matter does go to court, we also handle wage and hour litigation in state and federal courts. Finally, we also draft compensation policies and plans for bonuses, commissions, and other forms of incentive compensation.

Confidentiality and Non-Compete Litigation

Protecting confidential information and protecting against unfair competition by former employees is critically important to an employer’s business. As a result, we assist employers by drafting confidentiality and non-competition agreements and advising on these issues. In addition, we represent parties in litigation involving claims of misappropriation of trade secrets and breach of non-competition agreements, including cases involving requests for temporary restraining orders and temporary injunctions.