Labor and Employment

The Labor & Employment Group at Frost Brown Todd concentrates on managing the problems and issues that arise in the workplace. Our attorneys provide counsel on issues involving affirmative action, workers' compensation, remaining union-free and occupational safety and health requirements.

A True Understanding of Workplace Issues

We recognize the legal issues that arise in today’s complicated workplace. Whether addressing complex labor and employment issues or offering counseling, our attorneys begin by gaining an intimate knowledge of a client’s business and situation. Then, we work with the client to find the most practical and effective solutions. We provide proactive advice and defend employers in the event of litigation. Advice and/or defense range from:

  • Staying union-free
  • Collective bargaining
  • Employment discrimination and harassment
  • Occupational safety and health
  • Management-labor issues
  • Wrongful discharge
  • Workers’ compensation
  • Arbitration
  • Alternate dispute resolution
  • Wage and hour law
  • Common Law Employment claims
  • Non-compete and trade secret litigation
  • Class action litigation
  • Consultation and training

Staying Union-Free

The best way to win a union organizing campaign is to not have one. For this reason, the Labor and Employment Group offers comprehensive training and advice on how to maintain a "union-free environment." Clients are assisted in avoiding personnel issues that may otherwise cause employees to feel they need a union. Employers learn the latest union-organizing techniques. In addition, national and regional union activities are closely monitored by the Group in order to provide the best possible reconnaissance of union-organizing activity.

Our approach in union representation and decertification elections is to empower the employer, from top management to supervisors, to successfully blunt expected union propaganda. We pinpoint critical issues, prepare specific legal campaign materials and educate our clients’ supervisors in the proper use of these materials. By training supervisors, we enable them to act confidently and effectively as the company’s representatives, while at the same time, avoid the hidden employer pitfalls built into the National Labor Relations Act.

Our lawyers have successfully represented and advised employers in cases of every conceivable variety under the National Labor Relations Act. The Labor and Employment Group has successfully defended its clients against charges of unlawful discrimination, retaliation and refusal to bargain. We also have extensive experience in representation matters under the Railway Labor Act (applicable to the railroad and airline industries) and the Ohio State Employment Relations Board (applicable to Ohio public employers).

Our lawyers have an established reputation of professionalism and integrity with the offices of the National Labor Relations Board. We have been able to defeat the vast majority of unfair labor practice charges filed against our clients prior to the issuance of a complaint. We have been equally successful in litigating cases following the issuance of a complaint. Unions will tell you that they have great respect for the fierce tenacity of our lawyers in the representation of clients.

Collective Bargaining

For employers with organized employees, we have served as legal counsel and as spokespersons, when requested, in hundreds of collective bargaining negotiations. Members of the Group have served as counsel in negotiating national contracts covering more than 100,000 employees. The Group has experience in dealing with airline pilot and mechanic negotiations under the Railway Labor Act and considerable experience in negotiating public sector labor contracts, particularly in the fields of education and public safety.

Employment Discrimination

Frost Brown Todd has handled hundreds of employment discrimination charges before the Equal Employment Opportunity Commission, the Kentucky Commission on Human Rights, the Ohio Civil Rights Commission, the Indiana Civil Rights Commission, the Tennessee Human Rights Commission, the Louisville and Jefferson County Metro Human Relations Commission, the Lexington-Fayette Urban County Government Human Relations Commission and the human rights agencies in California, Colorado, Connecticut, Florida, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, New York, South Carolina and Texas. Plus, Frost Brown Todd lawyers are often called upon to assist clients during audits conducted by the Office of Federal Contract Compliance Programs and the administrative proceedings, which may follow.

Through the years, we have established an excellent working relationship with the staffs of regulatory agencies. A reputation for integrity, diligence and thoroughness with agency staff translates into cost savings for clients. In addition to assisting in the administrative and investigatory processes, the Group is also experienced in representing our clients in any employment discrimination litigation.

Workplace Harassment

Employers can limit their potential exposure to workplace harassment claims by developing a workplace anti-harassment policy, which requires employees to present their complaints to management. A policy and complaint procedure, combined with effective training, is the best way to avoid workplace harassment and costly litigation.

The U.S. Supreme Court has specifically identified training as an effective means to avoid liability in the EEO area. We have attorneys who are nationally known for training employees, supervisors and management in this area.

OSHA

We represent clients during OSHA inspections as well as citation and penalty hearings that sometimes follow. Recently, we represented two separate clients in cases involving the deaths of employees in the workplace. Both cases were concluded without a finding by OSHA that a serious violation had occurred. Each resulted in a settlement without the admission of liability.

Our labor lawyers work in a proactive manner with clients to reduce the risk of workplace hazards and exposure to OSHA violations. The Labor and Employment Group will work together with a client to develop specially designed programs to meet the client’s unique needs in this area.

Workers’ Compensation

We advise employers concerning compensability and administration of claims, claims management and cost containment, accident investigations, premium and group ratings, attaining and maintaining self-insured status and other related matters. Our attorneys also represent employers at administrative hearings and defend employers in lawsuits seeking workers’ compensation benefits. In Ohio, the Group’s attorneys defend employers with regard to applications alleging violations of specific safety requirements (VSSR).

Arbitration

We represent and advise clients on a daily basis regarding grievances under collective bargaining agreements and claims arbitrated under non-union employment agreements. Our Labor and Employment attorneys handle more than 200 arbitration cases per year.

Alternative Dispute Resolution

The Group also uses alternative dispute resolution (mediation, senior executive consultation, advisory arbitration and other problem-solving alternatives) as a means of achieving favorable resolution of workplace disputes.

We view ADR (whether the process is the result of an internal plan design or is offered as an as-needed case-specific option) as a valuable tool for resolving employment disputes prior to and during litigation. Context and timing are very important in determining when ADR is most effective. Advocacy in problem-solving is a critical skill which our lawyers possess.

Wage and Hour Law

We are equipped to handle issues that may arise under the Fair Labor Standards Act and state wage and hour statutes and regulations. Additionally, the Group assists clients regarding prevailing wage issues that arise on federal and state construction projects.

Common Law Employment Claims

Common law employment claims are a fast-growing area of litigation in the field of labor and employment law. Employees increasingly assert numerous common law claims in their lawsuits, including assault, battery, defamation, breach of implied employment contract, intentional infliction of emotional distress and violation of public policy. Our lawyers’ practical experience and legal expertise allow them to handle these knotty theories effectively.

Non-Compete and Trade Secret Litigation

Frost Brown Todd has a sub-group made up of lawyers from the labor, litigation and intellectual property groups that focus on unfair competition counseling and litigation. These attorneys regularly are involved in counseling and litigation regarding non-compete agreements and trade secrets.

Affirmative Action and Government Compliance

Frost Brown Todd has extensive experience assisting clients that have government contracts comply with the laws and regulations enforced by the Office of Federal Contract Compliance Programs. Our lawyers help clients determine whether an affirmative action program is required; assist in gathering and analyzing the necessary information and draft or review affirmative action programs. We have the tools and expertise to perform statistical analysis of hiring and compensation practices, and we can help an employer be proactive by auditing current policies and procedures. And, our lawyers have experience guiding employers through OFCCP compliance audits, from compliance checks to on-site visits.

Class Action Litigation

We have considerable experience defending class actions and similar types of complex litigation regarding alleged unlawful labor and employment practices. The cases include so-called "collective actions" pursuant to the FLSA, EPA and ADEA. As a result, our attorneys are able to effectively handle the unique and complicated issues that arise with respect to such litigation, including class discovery, opposition to class certification and successful resolution of such matters, whether by settlement or on the merits.

Consultation and Training

The best way to reduce legal costs is to reduce potential legal problems. Frost Brown Todd’s Labor and Employment Group consults with clients to design and implement training programs for their workplaces. It is on the "plant" or "office" floor where labor and employment problems begin, and it is there where they can be resolved most effectively. The Group puts on uniquely designed programs for its clients on such subjects as absenteeism, sexual harassment, effective discipline, personnel file documentation, etc. The Group’s attorneys are also frequent speakers and publishers on current labor and employment law topics. In addition, our Labor and Employment attorneys issue Legal Updates to inform clients of recent developments in the area of labor and employment law.

With years of experience in dealing with business owners and managers, Frost Brown Todd is able to provide solutions that solve legal problems and find practical solutions to day-to-day employment issues.

Methodology of Practice

Frost Brown Todd provides effective, proactive advice and counsel to clients on labor and employment issues and acts as an advocate, if necessary, on behalf of the client should claims or litigation arise. Our Labor and Employment attorneys will approach each issue with a perspective that will focus on the long-range effects on the client’s business.

Communication

Communication is a key to any successful attorney-client relationship. Our attorneys will acquaint themselves with the methods and procedures of the client’s management and human resource personnel. Our attorneys will also familiarize themselves with pertinent client programs, policies and issues to enable quick, yet thorough, responses to inquiries.

Staffing

With nearly 50 attorneys in four states, we offer our clients the advantage of having a Labor and Employment attorney who best suits their legal needs.

In addition to being knowledgeable advisors on labor and employment matters, our attorneys are also active litigators. We work cooperatively with our clients to design the best litigation strategy and team for each case. In most cases, a litigation team will consist of a partner, an associate and a paralegal. We will work cooperatively with the client’s management in integrating its personnel into any litigation team created for the client’s cases. Certain cost efficiencies can be realized by the client if its personnel take an active role in litigation. We are ready to work with the client’s management to approach labor and employment litigation in an innovative way and thereby reduce overall litigation costs.

Firm Resources

We have access to all of Frost Brown Todd’s resources, including a comprehensive array of research materials in our Labor and Employment Library, as well as our timely mini-site:www.employernotes.com .

Press Releases

Publications

Practice Highlights

“This large and impressive [Frost Brown Todd Labor & Employment] team has the knowledge and experience to advise on a wide range of complex issues ranging from discrimination to class action litigation. Recently it has been counseling on reductions of force and has seen an increase in union-related matters. A strong position in the distribution market, representing clients such as Amazon.com, results in a steady stream of traditional labor and employment work. Sources say, ‘A strong group that provides an extremely high standard of service.’”

-Chambers and Partners 2010 

Top