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We provide public and private sector management-side clients with the most up-to-date information regarding their labor and employment obligations, as well as an array of legal services to defend employers’ rights. These services include:
Public Sector Employers
The public sector remains one of the largest employers. This presents a significant challenge to government entities to deal with issues pertaining to labor and employment law and the unique requirements of being a public sector employer. We have decades of collective experience representing public employers and providing counsel on a wide range of labor and employment-related matters. There are some major differences between public and private sector employers, and our special expertise in this area allows us to serve cities, states, counties, districts, agencies, schools and public universities with the most up to date knowledge of employment laws that affect them.
Preventive Labor Relations
We formulate and implement preventive measures for our clients within the legal framework of The National Labor Relations Act to help control union organizing attempts at our client’s facilities concerning their workers. The combined utilization of positive employee relations activities integrated with the strategic supervisory training has been an invaluable tool in defeating union organizing attempts for our clients. Our attorneys are experienced in implementing these successful preventative strategies, and we have experience handling unfair labor practice charges filed by unions and their organizers.
Discrimination and Retaliation
At Weiss Serota, we advise and represent employers on matters arising under various state and federal employment laws. These include: Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Civil Rights Act of 1871 (42 U.S.C. § 1983); the Age Discrimination in Employment Act; the Americans with Disabilities Act; the Rehabilitation Act of 1973; the Family and Medical Leave Act; the Equal Pay Act; the Pregnancy Discrimination Act; the Florida Civil Rights Act of 1992, and the Florida Whistle-Blower’s Act. In addition, our attorneys are experienced in achieving and maintaining EEO Compliance and representing employers before state and federal regulatory agencies that enforce these requirements.
Wage and Hour Law
We help clients avoid and resolve wage and hour disputes. We advise clients regarding the wage and hour requirements of the Fair Labor Standards Act (FLSA) and, if necessary, represent those clients in litigation and administrative proceedings. Our attorneys frequently lecture on various aspects of the FLSA and related laws, including the proper handling of U.S. Department of Labor investigations, and emerging trends in wage and hour laws. We also conduct wage and hour compliance audits.
Personnel Matters
We provide relevant and practical advice to employers of all sizes in regard to discipline, discharge, progressive discipline and compliance with proper personnel practices. Our attorneys review and analyze personnel files to assure employers that disciplinary actions are appropriate, adequately documented and ultimately upheld.
We write and conduct regular, timely reviews of personnel manuals to ensure that they are updated and fully compliant with all aspects of the law. Our lawyers also provide representation when personnel decisions are appealed or challenged employees either in arbitration or in administrative proceedings such as unemployment compensation appeals.
Labor-Related Litigation
Our labor and employment litigation attorneys have represented employers at all levels of the State and Federal court systems as well as in administrative and arbitral proceedings. In addition to providing their courtroom skills, our litigators advise clients when the consequences and costs of adversarial proceedings outweigh the potential benefits. In such instances, they are fully versed in applying the most current alternative dispute resolution mechanisms, and may recommend mediation techniques and other forms of out-of-court dispute resolution.
Collective Bargaining/Dispute Resolution Advisory
We provide the full range of collective bargaining services for clients that have unions in their workplace. We act as a chief labor negotiator on behalf of management and develop contractual language advantageous to the employer’s overall operational goals and objectives, our law firm is highly regarded in this practice discipline. Effective advocacy in the grievance and arbitration process on behalf of management is another legal service provided. Many of our attorneys have stellar records of sustaining managerial decisions before third party neutral fact-finders and decision-makers. Members of our firm are well known by established arbitrators empanelled by both the Federal Mediation and Conciliation Services and the American Arbitration Association.
OSHA Compliance/Disability/Family Medical Leave Counsel
Our attorneys have participated in the full range of audits conducted by agencies of both the Federal and State governments; including, but not limited to, the U.S. Department of Labor and the Occupational Safety and Health Administration. These government audits concern employee leave entitlements, workplace safety and health issues, and Americans with Disabilities Act compliance matters. Successful results have been achieved in these important areas of concern for corporate, staff and line management, alike.
