Areas of Representation and ServiceOur Firm's practice of labor, employment and employee benefits law encompasses nearly every aspect of the employer-employee relationship. The utilization of particular services by different clients varies because the Firm's efforts are tailored to the particular needs and concerns of each client. The following are only a few of the major services provided by Kruchko & Fries. Employment Law Policies & Practices As part of our philosophy of preventive labor relations, our Firm gives legal advice and counsel regarding personnel policies, rules and procedures, including not only a determination as to the legality of these employment law policies and procedures, but also suggestions as to appropriate policies which may avoid future legal problems. We also render advice concerning the establishment, design and implementation of employee benefit plans. Attorneys participate in the training of managers and supervisors concerning the legal obligations of employers and the appropriate procedures to employ to comply with current federal and state employment law requirements. The Firm performs vulnerability audits and attitude surveys to identify potential legal and employee relations problems before they arise. The Firm also gives training and advice concerning the full range of employment law issues, such as wage and hour laws, affirmative action obligations, drug and alcohol testing, AIDS in the workplace, privacy rights of employees, family and medical leave act requirements and special constraints applicable to government contractors. EEOC Matters & Workplace Disputes The Firm provides preventive advice to clients regarding the legal constraints on employment practices and policies in an attempt to avoid equal employment opportunity charges (race, color, creed, sex and national origin), including charges involving age discrimination and discrimination against employees with disabilities. When such charges are filed, the Firm prepares the defense of such charges and represents management before the local, state or federal agency involved in investigating the discrimination claim. Our Firm also represents management in state and federal courts in all phases of litigation involving employment discrimination. Such representation includes organization, pleading and presentation of defenses and counterclaims, as well as representation in all legal proceedings including discovery, argument of motions, trial, appeal and related activities. Our Firm represents management in a wide variety of employment-related litigation. We defend employee lawsuits based on verbal or written employment contracts, or implied contract claims. The Firm represents management in wrongful discharge lawsuits involving terminations allegedly in violation of public policy. We advise and represent clients in litigation seeking enforcement of non-competition, confidentiality, trade secret or other written agreements with former employees. We also defend clients in employee lawsuits alleging violations of the Employee Retirement Income Security Act of 1974 ("ERISA"), and state wage payment laws. Kruchko & Fries aggressively defends our clients' interests in state and federal courts on those matters involving every potential workplace dispute, including overtime pay, privacy rights and family and medical leave issues. Our Firm provides advice to clients regarding the drafting and operation of employee retirement and health and welfare benefit plans. Our Firm counsels clients on all matters affecting pension, profit sharing, 401(k), 403(b), 457, and ESOP retirement plan programs, including providing clients with plan documents and summary plan descriptions and assisting clients in developing retirement plan administrative procedures. For all types of health and welfare plans, including cafeteria plans, flexible spending accounts (FSAs), health savings accounts (HSAs) and health reimbursement arrangements (HRAs), we advise clients on the establishment and implementation of the programs and provide plan documents and employee communications, as needed. Attorneys assist management in developing administrative procedures to ensure that the employer satisfies on-going responsibilities for its employee health and welfare benefit plans, including the obligation to provide regular employee notices under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Newborns' and Mothers' Health Protection Act of 1996, Women's Health and Cancer Rights Act of 1998 ("WHCRA"), Medicare Part D prescription drug coverage program and Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"). We advise clients on the design and implementation of executive compensation plans, such as non-qualified deferred compensation plans, supplemental executive retirement plans ("SERPs") and 457(f) plans for tax-exempt and governmental employers. This advice includes counsel on compliance with Internal Revenue Code section 409A. For all types of plans, our Firm counsels clients on matters including, but not limited to, plan design options, self-audits, operational compliance and corrections and fiduciary requirements. In addition to drafting plans and advising clients regarding the proper operation and administration of employee benefit plans, our Firm represents clients in Internal Revenue Service and U.S. Department of Labor audits and defends clients in lawsuits alleging violations of ERISA. Managing With and Without a Union A number of the Firm's clients have existing relationships with a labor union. The Firm advises these clients during the negotiation of collective bargaining agreements, often serving as chief spokesperson for the Company. Our Firm assists with defensive preparations for negotiations, such as advice regarding strikes, slowdowns, consumer and secondary boycotts, and "corporate campaigns". The Firm also assists unionized clients with interpretation and administration of collective bargaining agreements. We provide advice and representation concerning grievances filed by the union and represent management in arbitration proceedings. Likewise, the Firm also represents unionized employers in unfair labor practice cases filed before the National Labor Relations Board. As part of our philosophy of preventive labor relations, our Firm provides assistance to clients whose employees are not represented by a labor union. The Firm gives legal advice and counsel regarding personnel policies, rules and procedures, including not only a determination as to the legality of these policies and procedures, but also suggestions as to appropriate policies which may avoid future legal problems. Attorneys participate in the training of managers and supervisors concerning the legal obligations of employers and the appropriate procedures to employ to prevent union organizing. The Firm performs vulnerability audits and attitude surveys to identify potential legal and employee relations problems before they arise.Employee Representation Campaigns Our Firm has established a reputation for successfully representing employers in union organizing campaigns. Initially, the Firm trains supervisors and managers regarding their legal rights and restrictions during an employee representation campaign and prepares a contingency plan for the client in the event of union organizing. During an actual union campaign, the Firm represents the client in all proceedings before the National Labor Relations Board. We also advise the client regarding the legal restrictions on campaign speeches and material to ensure both accuracy and compliance with the National Labor Relations Act. The Firm represents the client in any post-election legal proceedings, such as ballot challenges or election objections. Finally, our Firm renders post-election advice on the maintenance of non-union status by the client. Our Firm also provides advice and counsel to employers on a variety of immigration matters. These include both immigrant and non-immigrant visas that are associated with business related employment opportunities for foreign aliens working in the United States . We work with employers in preparing labor certification applications and advise our clients on I-9 compliance issues, as well as I-9 audits. |
