Labor & Employment Law

Labor and Employee Discrimination Attorneys

Our management-oriented Labor and Employment Group devotes a significant amount of time to preventive law projects, counseling both private and public employers on how to achieve their management-employee relations goals while reducing legal risks.

Our employment attorneys regularly provide advice and other assistance on such issues as sexual harassment, race discrimination and other Title VII claims; wrongful discharge claims; employee handbooks; development of policies and procedures on issues such as discipline, searches and seizures, and drug testing; design and review of employee compensation programs and benefit plans; and advice on compliance with the Americans With Disabilities Act, the Family and Medical Leave Act and other legislative measures affecting employers. We can assist companies in conducting investigations of alleged wrongdoing and in determining the appropriate course of conduct after assessment of the results. Our employment attorneys also develop and help clients administer severance programs and in evaluating employee terminations on an individual or large scale basis.

Together with our corporate and business attorneys, we assist clients in employee-related aspects of significant corporate transactions, such as mergers, acquisitions and reorganizations. Our employment attorneys also counsel clients in post transaction integration issues, helping to combine compensation programs, policies and benefits. We have drafted and helped companies administer executive and employee compensation programs, including employment agreements, stock option and restricted stock plans, bonus and long-term incentive compensation programs, severance plans, employee trusts and director compensation programs.

Our labor lawyers also have in-depth experience over many years in helping clients deal with labor unions. We do everything from giving advice to employers facing a union organization campaign to negotiating collective bargaining agreements and handling disputes and grievances through arbitration. We also counsel clients regarding the avoidance of wage and hour problems stemming from minimum wage and overtime issues under the Fair Labor Standards Act.

When problems arise, the firm is well equipped to handle administrative proceedings and litigation. Our labor and employment lawyers assist clients in hearings before numerous administrative agencies such as the EEOC, OSHA, NLRB, OFCCP, U.S. Department of Labor, Arizona Civil Rights Division, and the Arizona Department of Economic Security.

Sometimes employers have no choice but to defend themselves in litigation. In that circumstance, our labor and employment lawyers bring extensive experience to bear in defending clients in all types of lawsuits brought in the state and federal courts (both trial and appellate). We also assist our clients in resolving disputes through negotiation, mediation, arbitration, early neutral case assessment and other alternative dispute resolution techniques.

Our labor and employment clientele is extensive and includes a wide range of businesses and other organizations, including utilities, hospitals, school districts, cities, counties, construction companies, manufacturing concerns, grocery store chains, food distributors, and others.

Representative Engagements

  • Represented a large hospital in an age discrimination lawsuit filed by a former manager
  • Defended a large utility against claims of race discrimination in the employment application process
  • Represented national hospitality and financial services employers in sex discrimination claims
  • Defended an employer against claims that the employer’s drug testing program violated the law
  • Defended a title company in litigation alleging that the employer’s handbook created an implied-in-fact contract
  • Represented a county merit commission on procedural matters, administrative review work and appeals
  • Defended claim of disability discrimination against an employer alleging debilitating effects from exposure to second-hand smoke
  • Represented employer of large number of part-time employees in claim alleging violations of Immigration Reform & Control Act
  • Defended the constitutionality of Arizona’s Farm Labor Law before the Supreme Court of the United States
  • Represented a multi-national company before the U.S. Court of Appeals for the Ninth Circuit in labor litigation involving the exercise of management rights in making decisions relative to asset deployment nationwide
  • Represented a major utility in its successful effort to prevent the unionization of its workforce over the course of several union organization campaigns
  • Assisted various clients in handling of OFCCP audits and development of affirmative action plans in aerospace, utility and manufacturing business
  • Represented a large construction company in Department of Labor’s audit of the company’s profit-sharing plan
  • Defended employers in lawsuits including their alleged breach of COBRA duties