WHERE WE CONCENTRATE OUR PRACTICE

The attorneys of Frank & Breslow practice in all traditional areas of employment and labor relations law as well as some unusual and non-traditional areas:

PRACTICAL CORPORATE EMPLOYMENT COUNSEL TO GUIDE YOUR DAY-BY-DAY PERSONNEL ACTIVITIES

  • Drafting of lawful and effective employee policies, handbooks, and forms
  • Drafting of employment contracts, independent contractor, non-competition, restrictive covenants and trade-secret agreements
  • Establishing hiring and interviewing policies and procedures
  • Establishing policies to avoid negligent hiring and retention
  • Complying with all Federal and State Laws affecting wages, hours and methods of pay
  • Effective and lawful leave of absence (FMLA) and benefit policies
  • Limiting overtime payments for non-exempt employees
  • Advising about record keeping under Wage/Hour, COBRA, IRCA and State laws
  • Developing effective and lawful appraisals and review
  • Developing lawful substance abuse programs
  • Developing effective discipline and discharge procedures
  • Drafting and negotiating termination and release agreements for executives, sales and other key personnel
  • Handling unemployment compensation claims
  • Dealing with smoking regulations

COUNSEL AS TO EMPLOYMENT DISCRIMINATION LAW, POLICIES AND PRACTICES 

  • Complying with Federal, State and local discrimination laws 
  • Avoiding charges of discrimination in hiring, promotion, layoff and discharge 
  • Establishing and disseminating a "zero tolerance" discrimination policy 
  • Investigating, documenting and addressing charges of harassment 
  • Accommodating the religious and handicapped employee 
  • Responding to charges of discrimination 
  • Preparation of affirmative action plans - voluntary and those required by the government 
  • Preparing for a lawful reduction in force 
  • Dealing with the Americans with Disabilities Act 
  • Dealing with the Family Medical Leave Act 
  • Dealing with State Labor Relation laws regarding meals, breaks, hours of work, uniforms, termination, hiring, payment of wages, deductions from pay 
  • Dealing with pension and health issues under ERISA 

LABOR RELATIONS ISSUES FOR THE NON-UNION EMPLOYER 

  • Practice before the National Labor Relations Board in representation matters 
  • Advice to avoid and win union organizing campaigns 
  • Defense of unfair labor practice charges 
  • Dealing with protected concerted activities, picketing, boycotts, slowdowns 
  • Supervisory training to avoid unionization 
  • Obtaining injunctions against pickets, strikes and slow-downs 

LABOR RELATIONS ISSUES FOR THE UNION EMPLOYER 

  • Analysis of collective bargaining agreements 
  • Preparing for and negotiating collective bargaining agreements 
  • Protecting management rights under a contract 
  • Dealing with grievances under a contract 
  • Preparing for and litigating arbitration cases 
  • Developing effective plant work rules 
  • Dealing with successor union issues when buying or selling a business 

FEDERAL & STATE ADMINISTRATIVE AGENCY PRACTICE 

  • Preparing for Federal and State wage and hour investigations 
  • Preparing for OSHA investigations and penalties 
  • Preparing for wage and hour investigations 
  • Negotiating with State and Federal agencies 
  • Advice on preparation and dealing with unannounced agency inspections 
  • Dealing with Affirmative Action investigations 

NON-TRADITIONAL LABOR RELATIONS PRACTICE

  • Supervisor/Management training (communication/problem-solving/employee discipline/sexual harassment/discrimination) 
  • Employee training to avoid sexual harassment 
  • Defending employee suits for defamation 
  • Dealing with privacy issues: search, surveillance, telephone/e-mail monitoring 
  • Developing effective grievance and problem-solving procedures 

ESTABLISHMENT, ADMINISTRATION AND DEFENSE OF YOUR EMPLOYEE BENEFITS PROGRAMS

  • Developing self-funded health plans under the Internal Revenue Code & ERISA 
  • Developing IRS Cafeteria (Section 125) Plans 
  • Establishing required policies, notices and procedures under COBRA 
  • Complying with the Drug-Free Workplace Act 
  • Preparation and implementation of drug testing programs 
  • Complying with smoking regulations 
  • Dealing with AIDS in the workplace 
  • Dealing with disability issues, the Americans With Disabilities Act and related laws involving health 
  • Establishing Workers' Compensation claims control programs and litigation of WC cases 
  • Dealing with and litigating unemployment compensation issues and claims 

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