Labor and Employment Law on Behalf of Management
A nationally recognized Labor and Employment Law Firm, KDVG represents management exclusively in all facets of workplace matters including Wage and Hour claims and proceedings before the National Labor Relations Board. KDVG’s Labor and Employment Law practice focuses on Risk Management as well, that is, training companies’ management and Human Resources Departments how to avoid disputes.
It is always difficult for management to deal effectively with daily employment related problems and the complex workplace laws that are forever changing. KDVG helps management understand the laws, develops and implements appropriate programs to avoid problems that could eventually lead to costly, time-consuming and stressful litigation. When litigation occurs, KDVG is aggressive, strategic and effective.
Although KDVG counsels avoidance of litigation, legal proceedings before administrative agencies, federal and state courts represent a substantial part of our practice. KDVG has successfully litigated Labor and Employment Law matters in over 20 states, including:
- Employment Discrimination claims including sexual harassment before human rights agencies, the United States Equal Employment Opportunity Commission (EEOC) and state and federal courts.
- Unfair Labor Practice and Representation proceedings before the National Labor Relations Board (NLRB).
- Wrongful Discharge litigation including breach of employment contracts and restrictive agreements before federal and state courts.
- Wage and Hour litigation under the Fair Labor Standards Act (FLSA) and state law equivalents.
- Defense of Occupational Safety and Health Act (OSHA), Employee Retirement Income Security Act (ERISA), Family and Medical Leave Act (FMLA) and COBRA claims.
Arthur R. Kaufman, Esq.
Keith J. Gutstein, Esq.
Katherine S. Catlos, Esq.
Regina E. Faul, Esq.
1. Claims Avoidance
In today’s workplace, employment discrimination claims continue to increase across the board exacerbated by a struggling economy. For this reason, KDVG emphasizes a policy of prevention. Our attorneys work closely with management to develop a workplace culture that minimizes the potential for claims and maximizes the likelihood of success if claims do arise.
KDVG comprehensively trains companies’ supervisors to avoid unlawful conduct that can expose and bind these businesses to liability. We inform and educate clients how to handle potential disciplinary situations, layoffs and reductions in force and general employee complaints legally.
Despite thorough training, workplace claims do arise. Our attorneys know how to resolve such claims early, cost-effectively and in the best interest of our clients. We resolve claims either through dispositive motion or through settlement in state and federal courts or before regulatory agencies.
Arthur R. Kaufman, Esq.
Keith J. Gutstein, Esq.
Regina E. Faul, Esq.
2. Managing Without Interference
Clients retain KDVG so that they can operate their businesses without outside interference such as avoiding unionization lawfully. We assess our clients’ vulnerability to potentially disruptive outside influences and train supervisors to communicate effectively and not antagonize employees.
Our attorneys work closely with management and develop employee handbooks, progressive disciplinary systems, effective employee communication programs, fair corporate personnel practices and policies. We implement these policies and procedure with management to eliminate employees’ desire or need to seek redress outside the company.
Arthur R. Kaufman, Esq.
Keith J. Gutstein, Esq.
Regina E. Faul, Esq.
3. National Labor Relations Board Proceedings
When some companies receive a petition for an election that a union files with the National Labor Relations Board, this is the first time they learn of employee dissatisfaction. This often leads to panic and company official committing Unfair Labor Practices. KDVG carefully counsels employers on how to communicate lawfully with employees so that employees know they have a free choice in deciding whether union representation is in their best interests. Our attorneys work closely with employers’ first line of supervision so that they understand how to work with their reports in an atmosphere of respect, teamwork and productivity. In this environment, satisfied and motivated employees often vote to reject outside labor organizations.
Arthur R. Kaufman, Esq.
Michael A. Kaufman, Esq.
4. Collective Bargaining & Contract Administration
KDVG offers solid experience regarding the complex laws that govern relationships with unions and the collective bargaining process. Our attorneys conduct collective bargaining negotiations, help manage grievances, litigate arbitration cases and handle contract administration. We advise and train management and supervisory personnel how to avoid conflicts and defend disciplinary actions if arbitration is necessary. In those cases, KDVG’s competency in collective bargaining, thorough preparation and working with arbitrators allows us successful outcomes for our clients.
Arthur R. Kaufman, Esq.
Keith J. Gutstein, Esq.
Regina E. Faul, Esq.
5. Wage and Hour Investigations
KDVG frequently represents companies that the Department of Labor and/or its state law “equivalents” audit for compliance with Wage and Hour Laws. KDVG prepares clients for audits by conducting a comprehensive in-house review to determine possible areas of exposure. KDVG represents clients during the investigation and, if necessary, in subsequent litigation.
Michael A. Kaufman, Esq.
Keith J. Gutstein, Esq.
6. OSHA Compliance
KDVG represents many companies particularly those in the Construction Industry that the Occupational Safety & Health Act (OSHA) and other safety and health legislation regulate.
7. Other Workplace Laws and Issues
- Immigration Reform and Control Act of 1986
- Worker Adjustment and Retraining Notification Act of 1986 (WARN)
- Employee Retirement Income Security Act (ERISA) and Employee Benefits
- COBRA
- Executive Employment Agreements and Restrictive Covenants
- Negligent Hiring Cases
- Employee Defamation Suits
- Family and Medical Leave Act (FMLA)
Keith J. Gutstein, Esq.
Gregory S. Hyman, Esq.