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Employment and Labor Law

Employment Law: Prevention & Litigation Defense

The lawyers at Smith and Christensen, LLP, possess a wealth of experience representing companies in the ever expanding field of employment law. Among other areas, the firm’s practice addresses issues under:

  • Title VII of the Civil Rights Act of 1964 (race, color, religion, sex, pregnancy, and national origin);
  • Americans With Disabilities Act (ADA);
  • Age Discrimination in Employment Act (ADEA);
  • Consolidated Omnibus Budget Reconciliation Act (COBRA);
  • Employee Retirement Income Security Act (ERISA);
  • Fair Labor Standards Act (FLSA);
  • Family and Medical Leave Act (FMLA);
  • Health Insurance Portability and Accountability Act (HIPAA);
  • Occupational Safety and Health Act (OSHA); and
  • Uniformed Services Employment and Re-employment Rights Act (USERRA).

We represent employers at the administrative, trial and appellate levels of employment litigation. However, the mark of genuine success in employment law is avoiding the claim altogether. Smith and Christensen, LLP, works with companies daily, whether through a quick telephone call or an on site visit, to implement policies and strategies that will not only satisfy the company’s personnel objectives, but also help prevent discrimination and other employment claims. We are also available to audit your human resources practices and train your supervisors in employment and anti-harassment matters.  

Labor Union Matters

Smith and Christensen, LLP, brings more than 50 years of combined experience to the table when representing companies in a wide range of labor issues, including matters such as:

  • Union avoidance;
  • Elections;
  • Collective bargaining;
  • Arbitration;
  • Grievances;
  • Unfair Labor Practice (ULP) charges;
  • De-certification petitions;
  • Labor management relations;
  • National Labor Relations Board (NLRB) issues;
  • Strikes; and
  • Right-to-work issues.

Risk avoidance is also a critical part of the firm’s labor practice. For example, we will work with your management staff regarding restrictions on their conduct (i.e., no threats, interrogations, promises or surveillance) and advise you on Union avoidance strategies.

In Union organizing drives, it can be critical to start the company’s campaign as early as possible to prevent the Union from gaining a stronghold on your workforce. If you determine that you are facing organizing activity, we urge you to contact us immediately for guidance. Please do not question your workforce about the issue before you call. Often times, this can be the first unfortunate mistake companies make and might increase the complexity (and cost) of your defense efforts.



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