Employment law is a difficult and complex area of the law, which is subject to frequent, and oftentimes dramatic, changes. A vast web of federal laws and regulations – sometimes in conflict with one another in terms and purpose – impose a significant burden on employers. Additionally, there is a dearth of state, federal, and administrative agency decisions construing both federal and state employment laws, which only add to the burden on employers. Employment issues also impact employees and their family members that depend on them. Legal disputes between employers and employees can often be hotly contested, highly charged, and intensely personal, sometimes ending in public embarrassment for the employer and/or employee.
Sometimes, but not always, employment disputes result in litigation, which can be costly, time-consuming, and damaging to the relations between employers and their employees. Over the last decade or so, employers have seen a steady increase in the number of employment-related claims filed by employees, ranging from large-scale class actions to individual employment actions. Regardless of the size of the dispute, employers continue to face greater and greater challenges, as well as financial exposure, from current and former employees.
In relation to employees, employees may face workplace retaliation and hostility from their employers. Employees are entitled to certain protections under both federal and state employment laws, including: the Americans with Disabilities Act (“ADA”), Age Discrimination in Employment Act (“ADEA”), Family and Medical Leave Act (“FMLA”), Equal Pay Act, Fair Labor Standards Act (“FLSA”), Title VII and the Civil Rights Act of 1991 (“Title VII”), Pregnancy Discrimination Act, National Labor Relations Act (“NLRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), Sarbanes-Oxley Act (“SOX”) and Dodd-Frank Act (whistleblower), state whistleblower laws, Occupational Health and Safety Act (“OSHA”), Genetic Information Nondiscrimination Act (“GINA”), and other state statutes and common law.
Employment disputes can cover a wide variety of claims, including: discrimination; harassment; wage-hour pay, classification and overtime violations; wrongful discharge; entitlement to employee benefits; misappropriation of trade secrets and confidential information; unfair competition; enforcement or avoidance of restrictive covenants; labor union disputes; workplace safety violations; defamation and other employment-related torts.
Working through and resolving employment-related claims can be challenging and time consuming, and, as result requires a team of attorneys that has deeply rooted knowledge regarding federal and state laws and regulations regarding employment and the case law and other agency decisions construing those laws. Furthermore, perhaps even more so than in other less personal areas of litigation, employment attorneys must have the ability to accurately and effectively perceive people and their personalities in order to obtain the best outcome for their client. While some suits may resolve themselves short of trial, employment-related disputes can and do often end up in a trial or related agency proceeding. Verdicts and other adverse employment decisions can result in significant financial exposure for employers, while at the same time awarding large sums to wrongly dismissed employees or other employees on the wrong end of adverse employment decisions. Accordingly, employers and employees alike need a team of attorneys dedicating to maximizing their position, but who are also cognizant of the potential for economic exposure or public embarrassment.
Christensen & Jensen’s employment law and litigation attorneys have extensive experience representing employers and employees in litigation, agency proceedings, mediation, and arbitration. Our employment attorneys are dedicated to obtaining favorable and efficient results for our clients, whether through employment dispute prevention, consultation, litigation, or otherwise.
Employment law and litigation services offered by Christensen & Jensen include:
Representing clients before the Utah Labor Commission, Equal Employment Opportunity Commission, Department of Labor, National Labor Relations Board, Division of Occupational and Professional Licensing, and other administrative agencies
Defending and pursuing clients claims under the Americans with Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, Equal Pay Act, Fair Labor Standards Act, Title VII and the Civil Rights Act of 1991, Pregnancy Discrimination Act, National Labor Relations Act, the Employee Retirement Income Security Act of 1974, state and federal whistleblower laws, and other state statutes and common law
Representing employers and employees in workers’ compensation and occupational disease claims
Representing employers and employees in wage and hour claim disputes, including class actions
Consultation before and after employment action
Responding to union organization drives
Preparing and reviewing personnel policies
Negotiating employee contracts, severance, and other agreements