Labor and Employment

McAnany, Van Cleave & Phillips has extensive experience and expertise in its labor and employment law practice. We provide full-service research, advisory and litigation services in a wide spectrum of employment relations, including client counseling, administrative standards compliance, labor negotiations, mediation, arbitration, and employment litigation. We represent large as well as small employers and corporations, governmental entities, and educational institutions in all aspects of employment-related legal matters.

Client Counseling and Administrative Compliance

Providing in-house training. We keep our clients apprised of new legislation, developments in existing law, and specific topics in order to avoid litigation and ensure compliance with federal and state regulations. Presentations are aimed at effective employment management and compliance in the areas of employee responsibility, behavior and discipline. We have provided presentations for human resources professionals, managers and employees on a wide range of topics, including:

  • Administering the Family and Medical Leave Act with the Americans with Disabilities Act and Workers' Compensation
  • Disciplining and Evaluating Employees
  • Sexual Harassment Training for Managers and Employees
  • How to Conduct a Discrimination Investigation
  • Proactive Approaches to Work Place Misconduct

Drafting employment-related documents. We assist clients in the implementation and drafting many documents in order to be in compliance with federal and state law, including documentation of investigations and performance issues, policies, manuals, handbooks, employee agreements, severance agreements and releases, termination letters and warning notices.

Giving practical advice. We counsel clients through issues regularly faced by employers by providing quick and practical solutions. Our advice is based upon knowledge of applicable law, educated judgment and years of experience.

Labor Negotiations

Negotiating labor and union contracts. We represent management in collective bargaining negotiations and advise company representatives of their rights under union contracts. For example, we have successfully negotiated labor contracts for police unions, fire unions, Teamsters, AFSME, public service employee union, International Brotherhood of Electronic workers union and machinist unions.

Assisting in grievance disputes. We have successfully guided leading companies through the grievance dispute process, strike preparation and union prevention campaigns. We carefully navigate clients through disputes on a daily basis to provide advice and practical solutions based upon careful consideration of the law and years of experience.

Advocating in arbitrations. We represent management clients in numerous labor arbitrations each year in a wide range of industries, including communications, construction, education, electrical, food services, local government, office workers, police, fire, transportation, utilities, prison guard, retail and warehousing.

Employment and Labor Litigation

When employment disputes occur, firm attorneys assist throughout the alternative dispute resolution process toward a resolution and, if necessary, provide representation in front of state, federal and administrative adjudication proceedings. The firm's attorneys have appeared before the Equal Employment Opportunity Commission, state and local employment commissions, and the Department of Labor in all types of discrimination, Family and Medical Leave Act, Fair Labor Standards Act and OSHA claims.

NLRA and PEERA Litigation. We have a substantial practice in the litigation of claims under both the National Labor Relations Act for private entities and the Public Employer Employee Relations Act for public entities.  Firm attorneys have defended actions arising from wildcat strikes, discharges and challenges to provisions of collective bargaining agreements, as well as all facets of prohibited practices under state bargaining laws and unfair labor practices under the purview of the National Labor Relations Board.

EEOC and Civil Rights Litigation. Our equal employment opportunity litigation is substantial. We often defend discrimination complaints from the initial pleading through trial and appellate stages in many individual EEOC charges and lawsuits brought under Title VII of the Civil Rights Act of 1964, and 1983 claims against government-affiliated entities. Our experience includes representing clients against whom the EEOC has brought "systemic" charges or initiated Commission suits.

Wrongful Discharge Litigation. MVP effectively handles breach of employment and wrongful employment cases, including retaliatory discharge.  We have initiated suits to enforce non-competition agreements all over the country, including Kansas, Missouri, Illinois, Texas, Georgia and Florida, involving state and federal claims with employees in varied salaries and managerial positions.



Byron A. Bowles, Jr.
Gregory T. Cook
Ryan B. Denk
Gregory P. Goheen


Articles:

6/15/2016
Department of Labor Employee Classifications
On May 23, 2016, the Department of Labor (“DOL”) published its final rule addressing changes to the “white-collar” exemptions under the FLSA, and increases in the minimum salary levels for exempt executive, administrative, and professional employees. The publication of the final rule was announced by President Obama on May 18, 2016, which is estimated to automatically extend overtime pay protections to over 4 million workers within the first year of implementation.