Employment and Labor Law and Litigation
The Firm has one of the largest practice groups focusing on employment and labor law in Utah. We represent clients in all areas of the workplace, including wage and hour issues, discrimination, labor relations, ERISA (employee benefits), unemployment matters, workers’ compensation, civil rights, and other labor issues.
Our employment and labor law attorneys work closely with employers to help them avoid problems through careful planning, while assisting them in building positive employee relations.
Ray Quinney & Nebeker is the exclusive Utah representative of the Employment Law Alliance, an international network of independent law firms with established employment law practices. The Employment Law Alliance is the most comprehensive network of employment and labor law attorneys in the world.
Members of our employment and labor practice group participated in authoring the Utah employment law section of Chambers and Partners – USA Regional Employment Guide 2019 for Utah. The Chambers and Partners Regional Guide provides expert legal commentary on key issues for business and covers important legal developments across several jurisdictions.
We specialize in the following employment law related areas:
- Title VII
- Americans With Disabilities Act
- Fair Labor Standards Act
- Labor Relations
- ERISA Litigation
- Family and Medical Leave Act
- Age Discrimination in Employment Act
- At-Will Employment
- Employee Handbooks and Manuals
- Workplace Employment Law Seminars
- Noncompetition Agreements and Litigation
- Workers Compensation
- Executive Agreements
Title VII bars discrimination based on gender, race, national origin, religious background, and other affiliations. Ray Quinney & Nebeker’s employment law section has a wealth of experience in defending against Title VII actions at the administrative level and in state and federal courts. Our employment lawyers also assist clients in conducting sexual harassment investigations, training, and by helping clients with discipline and termination issues.
Americans With Disabilities Act
The Americans with Disabilities Act (“ADA”) protects qualified individuals with disabilities from discrimination in the workplace. Ray Quinney & Nebeker has substantial experience in representing employers in ADA actions. The Firm also assists employers with analyzing reasonable accommodations requests and other complicated ADA issues. New Equal Employment Opportunity Commission regulations and recent case law make the ADA a particular troublesome statute. Our employment law section helps clients keep current with these and other new developments in ADA law.
Fair Labor Standards Act
The Fair Labor Standards Act (“FLSA”) governs minimum wage and overtime pay in the workplace. Ray Quinney & Nebeker assists employers in determining whether they are covered by the FLSA and helps businesses analyze the cumbersome regulations that govern the FLSA. The Firm also frequently helps employers analyze whether particular employees are exempt or non-exempt from the FLSA.
The National Labor Relations Act protects the right of employees to engage in concerted activity for purposes of collective bargaining. Ray Quinney & Nebeker’s labor relations lawyers represent employers in all facets of labor law, including union organizing, campaigns, collective bargaining, unfair labor practices, work stoppages, and other labor issues.
The Employee Retirement Income Security Act (“ERISA”) covers all employee benefit plans, including retirement, medical, and all other benefits. Ray Quinney & Nebeker represents employers in a wide range of ERISA issues, including litigation over the denial of benefits, fiduciary duties, benefit plan design and administration, and compliance with Federal law.
Family And Medical Leave Act
The Family and Medical Leave Act (“FMLA”) requires that employers employing fifty or more qualified workers within seventy-five miles of a worksite provide qualified employees with up to twelve weeks family and medical leave. The complicated regulations governing the FMLA present frequent challenges to businesses. Ray Quinney & Nebeker represents employers in FMLA litigation and assists clients in the daily interpretation of FMLA regulations.
Age Discrimination in Employment Act
The Age Discrimination in Employment Act (“ADEA”) bars discrimination against employees age forty or over. ADEA claims often arise during reductions in force (“RIFs”) and other termination settings. Ray Quinney & Nebeker is experienced in assisting clients on structuring and executing RIFs and in defending employers at all levels of ADEA litigation.
In Utah, all employees are presumed to be at-will employees. This means that employers can discharge employees at any time with or without notice, for any lawful reason, just as an employee may terminate their employment relationships at-will. Numerous issues have substantially limited the application of the at-will employment doctrine. Ray Quinney & Nebeker’s employment law section is experienced in assisting employers in lawfully applying Utah’s at-will employment rules.
Employee Handbooks and Manuals
Employee handbooks and manuals are useful tools for assisting employers in defending against employee lawsuits. At the same time, improperly drafted employee handbooks and manuals can create numerous litigation problems for employers. Ray Quinney & Nebeker assists employees with reviewing existing employee handbooks and compiling new manuals for clients.
Workplace Employment Law Seminars
Ray Quinney & Nebeker’s employment lawyers conduct in-office seminars to provide employers with anti-sexual harassment workshops and instructions on applying the numerous statutes and regulations governing the employer-employee relationship. Many Ray Quinney & Nebeker clients have taken advantage of this service for employees at every level of their organization.
Ray Quinney & Nebeker’s lawyers have significant experience dealing with OSHA citations for alleged safety violations and retaliation, and also provide counseling regarding safety plans and other proactive safety processes.
Noncompetition Agreements and Litigation
Ray Quinney & Nebeker’s lawyers regularly draft noncompetition and confidentiality agreements, and also enforce those agreements by seeking court injunctions.
Ray Quinney & Nebeker represents several major employers in workers compensation matters, both in defending workers compensation cases and in providing counseling.
Ray Quinney & Nebeker also represents companies and executives in the negotiation and drafting of executive employment agreements, including stock option agreements and other executive benefit agreements.