Jenkins Fenstermaker, PLLC’s Labor and Employment Practice Group provides practical, proactive counseling, training and service to our clients covering the broad spectrum of issues that may arise before, during and after the employment relationship. Our attorneys practice in the areas of employment litigation, labor relations, human resources counseling and training, employee benefits, workers' compensation and OSHA. Our clients range from small businesses to large Fortune 500 companies and include industry, health care providers and non-profit organizations. The Firm restricts its practice in the Labor and Employment law area exclusively to the representation of management.

The Firm assists clients in union avoidance, collective bargaining negotiations and labor arbitrations. Our experience includes:

• Breach of collective bargaining agreements
• Collective bargaining negotiations
• Grievances under union contracts
• Strikes and injunctions
• Union counter-campaigns
• Unfair labor practice charges

The Firm provides advice on Human Resources issues including:

• Confidentiality/trade secret protection
• Discipline and discharge
• Discrimination claims
• Documentation and record retention
• Employee benefit plans
• Employee absence/leave
• Employment contracts/covenants not to compete
• Harassment
• Performance appraisals
• Plant closing and layoffs
• Preventative personnel policies and procedures
• Recruitment and selection
• Severance agreements
• Substance abuse and testing
• Violence in the work place
• Wage and hour issues

We counsel employers concerning the requirements of the Federal Occupational Safety and Health Act (“OSHA”). We represent companies in OSHA proceedings, beginning with the initial inspection and through formal administrative litigation if necessary.

The Firm has a highly experienced Workers' Compensation practice, representing employers in workers’ compensation and unemployment compensation matters across the region. As with other Labor and Employment issues, we take a proactive approach on claims management and cost containment issues.

As part of our general human resources counseling and support, we regularly assist employers in ongoing statutory compliance, including compliance with the WARN Act, and the Fair Labor Standards Act as well as COBRA, ADA, ADEA, FMLA and ERISA.

As part of our general human resources counseling and support, we work with managers and human resources specialists on the development of personnel policies. We prepare and review job applications and employee handbooks. We also draft employment contracts for key executives and employees, which include intellectual property assignment and non-competition and confidentiality provisions. We also review and draft employee benefit plans and policies.

In today’s competitive marketplace, the prevention of inappropriate employee activity and securing timely and responsive legal action when such incidents arise is essential. We can assist in addressing:

• Breach of employment contracts
• Contract/customer interference
• Embezzlement
• Non-compete enforcement
• Protection of trade secrets
• Theft of company property
• Unfair and deceptive trade procedures