Labor and Employment Law

Labor

Our labor attorneys work with our clients in all aspects of Labor Relations and Labor Litigation. Our attorneys work with our non-unionized clients to maintain union-free workplaces by developing employment practices to help keep unions out and by aggressively responding to any union's attempts to organize our clients' workforces. Walter & Haverfield attorneys also work with our unionized clients to conduct cost-effective collective bargaining negotiations and to effectively administer collective bargaining agreements. Our attorneys are also experienced in representing employers in defense of claims at the NLRB and at labor arbitrations.
  • Labor arbitration
  • "Union-free" workplace guidance
  • Union election campaign advice and planning
  • Collective bargaining
  • Strike management

Employment

Proper management of the workforce is essential for our clients' success. Walter & Haverfield's attorneys recognize the importance of this and the importance of proactively working with our clients to effectively and efficiently manage their workforces. Walter & Haverfield's Employment attorneys represent employers in all aspects of the myriad of issues which confront management on a daily basis.

Our proactive employment attorneys counsel employers on all employment laws and regulations including Title VII, ADA, ADEA, FMLA, OSHA, and WARN and state fair employment practices laws. This proactive approach helps our clients avoid the costs and uncertainty of litigation and trials. Our Employment attorneys help our clients effectively manage their workforces through drafting, implementation and management of employment practices, policies and handbooks to comply with the numerous federal, state and local laws and regulations that govern the employment relationship. Walter & Haverfield's attorneys are experienced in the defense of discrimination claims filed by current or former employees at administrative agencies such as the EEOC, OCRC, and Department of Labor.
Walter & Haverfield's Employment attorneys represent employers in all aspects of the myriad of issues which confront management on a daily basis. We recognize that proper management of the workforce is essential for our clients' success.

When litigation cannot be avoided, our Employment attorneys defend our clients in a cost-effective manner. Our attorneys develop an aggressive strategy to defend each lawsuit and develop cost and risk determinations at each step of the litigation so our clients can make the best decision for their business.

Walter & Haverfield's attorneys represent our clients in a number of other employment-related areas which affect our clients' businesses. Our attorneys are experienced advocates for our state-funded and self-insured clients in workers compensation matters at all administrative and court levels. Our attorneys also counsel our clients, and defend them in litigation, on employee benefits, ERISA, and related matters. Walter & Haverfield's attorneys counsel and defend our clients on OSHA issues and citations as well as on reductions-in-force and the WARN Act.

Specific areas of expertise include:

  • Defense against discrimination, wrongful discharge and other employee claims
  • Design, review and implementation of personnel policies and procedures
  • Discipline and discharge advice
  • Equal employment opportunity planning and compliance
  • Compliance with minimum wage, overtime and related compensation laws

Labor and Employment Law Seminars

"Bringing legal solutions to your workplace" — so you won't have to come to ours someday.

Recent News

October 2011

In an article published on October 31, 2011 by the Society for Human Resource Management, titled, "Make Your Workplace Bullyproof," Susan Hartung described the steps which a company should take in order to prevent and, if necessary, deal with issues surrounding workplace bullying.



October 2011

In the current issue of TLNT.com, Susan Hartung advised employers to implement policies which address the issue of "workplace bullying."



July 2011

In an article posted recently on the human resources website, TLNT.com, Marc Bloch discussed a number of recent NLRB decisions, as well as the agency's pending case against The Boeing Company in his article, "Recent NLRB Rulings Complicate Employer-Employee Relations."



June 2011

In an article posted on June 6, 2011 on the website for the HR publication, TLNT.com, Patricia F. Weisberg discussed the U.S. Department of Labor Wage and Hour Division's recent amendments to the Fair Labor Standards Act. In her piece, titled "Tips and Fluctuating Workweek Scrutinized in DOL's Final FLSA Ruling," Patti provided details regarding the two most notable revisions, which affect tipped employees, tip credits and tip pools, as well as the "fluctuating workweek" method of payment.



April 2011

Eric J. Johnson discussed the topic, "Pitfalls of Social Media," at the Northern Ohio Area Chambers of Commerce (NOACC) Chamber Leadership Meeting on April 29, 2011, at Great Wolf Lodge in Sandusky, Ohio.



April 2011

Sara J. Fagnilli advised employers to be complete, fair and thorough in their decision-making process when contemplating the dismissal of an employee from the workplace in her article, "Navigating the Treacherous Waters of Employee Termination," which was posted on the HR website, TLNT.com, on April 27, 2011.



March 2011

In an article posted on the website for the HR publication, TLNT.com, Susan Keating Anderson asserted that employers - whether unionized or not - would be wise to adopt written "acceptable use" and social media policies. This article, titled "Beyond the NLRB Scare: Why You Need Smart Social Media Policies in the Workplace," appeared on-line on March 23, 2011.



March 2011

In her article, "Regulating the Medical Workplace in the World of Web 2.0," published in the March/April, 2011 issue of Northern Ohio Physician, Susan Keating Anderson discussed the important role of social media policies in today's medical workplaces.



February 2011

In her article, "Why Background Checks Are a Necessary Evil," which appeared on February 25, 2011 in the on-line HR publication, TLNT.com, Patricia F. Weisberg cautioned employers to be cognizant of the law when conducting background checks on prospective employees.



January 2011

In an article posted on the HR website, TLNT.com, Jeremy J. Sharp indicated that companies looking to reduce health care costs should invest in corporate wellness programs in 2011. Entitled, "Corporate Wellness Programs: Are They a Wise Investment for Employers?," this piece appeared on-line on January 21, 2011.



December 2010

In his article, "Is Your Facebook Status a Protected Activity Under Federal Labor Law?," posted on TLNT.com on December 15, 2010, Darrell A. Clay discussed the recent NLRB action against American Medical Response of Connecticut, Inc. and its possible implications for companies' employee internet policies.



November 2010

In her article, "What Every Employer Needs to Know to Avoid an 'Office Party Gone Wrong'," published on November 22, 2010 by TLNT.com, Patricia F. Weisberg advised employers on how to host enjoyable holiday office parties while, at the same time, minimizing their liability for employees' actions at these company-sponsored events.



October 2010

On October 27, 2010, an article by William R. Hanna appeared in the on-line HR publication, TLNT. In this piece, titled "The FMLA Challenge: Reinterpreting the Law for a Diverse World," Bill discussed several recent legislative amendments and administrative interpretations pertaining to the Family and Medical Leave Act (FMLA), many of which resulted from public officials' efforts to address issues concerning families affected by military service and by diverse or "non-traditional" families.



October 2010

On October 19, 2010, Eric J. Johnson served as a panelist in a progam presented by the WVIZ Advisory Council at the Idea Center on Playhouse Square, in downtown Cleveland. Moderated by WVIZ television host Rick Jackson, this program focused on the topic, "Cyberbullying: Challenges to the Educational Community."



September 2010

On September 5, 2010, Susan Keating Anderson appeared on the NewsChannel 5 television show, "Kaleidoscope." Hosted by local TV personality Leon Bibb, the show features interviews and stories about issues that affect the people and communities of Northeast Ohio. In her segment, Susan discussed a new Department of Labor (DOL) administrator's interpretation of the Family and Medical Leave Act (FMLA), and its potential impact upon employers and employees.



September 2010

Patricia F. Weisberg advised employers on the legality of unpaid internship programs in her article, "Internship Crackdown: What You Must Do to Comply with the Law," which appeared on September 28, 2010 in the on-line HR publication, TLNT.



Autumn 2010

Susan R. Hartung addressed the topic of adolescent "bullying" in an article entitled, "The Law," published in Your Teen magazine. In her piece, Susan discussed measures which schools must take in order to comply with Ohio law on this issue, and she advised parents to work with school administrators in order to halt this form of harassment.



August 2010

On August 27, 2010, an article by Mark S. Floyd was posted in the on-line publication, Corporate Compliance Insights. In this piece, titled "Use Compliance Audits, Compliance Plans to Avoid Complacency," Mark provided advice on how corporate HR departments can best assure compliance with rules and regulations in today's ever-changing regulatory and legislative landscape.



August 2010

In his article, "Ohio Supreme Court: Employers Are Not Required to Grant Maternity Leave," posted on-line in the HR publication, TLNT, Morris L. Hawk discussed the Court's recent decision and its impact upon employers in the case of McFee v. Nursing Care Mgt. of Am., Inc.



July 2010

In an online article published by TLNT, titled "ENDA is Coming - and Employers Need to Start Thinking About it Now," Bill Hanna discussed the potential ramifications for employers should Congress pass the pending Employment Non-Discrimination Act.



June 2010

In her article, "New Initiatives Mean More Employee Complaints, More Employer Burdens," which appeared in the new online publication, TLNT, Patricia F. Weisberg discussed several new programs initiated by the U.S. Department of Labor and commented upon their implications for employers.



May 2010

Michael Schmeltzer cautioned employers about terminating an injured employee under the auspices of a "no restrictions" policy in his article, "Understand the Pitfalls of Dismissing Injured Employees," which has been archived by Workplace HR & Safety in its "HR Email Report."



April 2010

In the on-line publication, Workforce Management, Patricia F. Weisberg addressed some of the challenges facing employers when deciding whether to implement "voluntary" wellness programs in the workplace, in her article, "Wellness Programs: Legal Requirements and Risks."



March 2010

Patricia F. Weisberg and Todd Hunt provided a "Municipal Employment Law Overview" to the attendees at the Ohio Municipal Attorneys Association's 2010 Spring Municipal Civil Seminar, held on March 5, 2010 in Dublin, Ohio.



February 2010

Patricia F. Weisberg and Todd Hunt provided a "Municipal Employment Law Update" to the attendees at the 2010 Annual Presidents Day Municipal Law Seminar, hosted by the Cleveland Metropolitan Bar Association.



December 2009

Crain's Cleveland Business, "The Interview," (re: employers' potential liability at holiday parties) by Patricia Weisberg

 

Christine Cossler explained how well-developed management training programs can enhance a company’s opportunity for success in her article, “Training - Your Best Friend or Worst Enemy?,” which appeared in the on-line publication, Manufacturing.Net.



April 2009

In the article, "Be wary of free choice act ramifications," published in Crain's Cleveland Business, Marc Bloch reflected upon the impact of the 1984 Ohio Collective Bargaining Act and its potential parallels with the proposed federal Employee Free Choice Act.

February 2009

 

Eric Johnson's article, "Dusting Off the Employee Handbook," discusses the need to keep your company manuals up to date due to the constant changes in employment laws.



January 2009

In the article, "Family leave act adds military components," published in Crain's Cleveland Business in its issue of January 26-February 1, 2009, Patricia Weisberg commented on how employers and health care providers may be affected by recent changes to the federal Family Medical Leave Act.



January 2009

Patricia Weisberg is quoted in the January 20, 2009 issue of USA Today in the article, "Firms offer healthy motivation."



More »»

Recent Publications

January 2012 - "NLRB Delays Notice Posting Requirements," by Patricia F. Weisberg

December 2011 - "Ohio's Minimum Wage Will Increase January 1, 2012," by Patricia F. Weisberg

October 2011 - "Effective Date for Posting NLRB Notice Extended Until January 31, 2012," by Patricia F. Weisberg

August 2011 - "Employers Now Required to Post Notice of Employee RIghts to Join a Union"



June 2011 - "New Notice Deadlines, Model Notices for Medicare Part D," by Jeremy J. Sharp

June 2011 - "June 30th Deadline for Amendments to Cafeteria Plans," by Jeremy J. Sharp

May 2011 - "Supreme Court Decision Underscores Importance of Maintaining Plan Documents and Summary Plan Descriptions for Employers," by Jeremy J. Sharp

May 2011 - "OT Liability? There's An Application For That..." by Jeremy J. Sharp

March 2011 - "Summary of Changes to the Collective Bargaining Process for Public Employers," by Eric J. Johnson

March 2011 - "Proposed Amendments to the Ohio Collective Bargaining Laws for Public Employers and Employees," by Christopher L. Gibbon

February 2011 - "Supreme Court Recognizes Third-Party Right To Pursue Retaliation Claims Under Title VII," by Eric J. Johnson

January 2011 - "IRS Delays Effective Date of Nondiscrimination Rules for Insured Group Health Plans," by Jeremy J. Sharp



December 2010 - "New GINA Regulations May Necessitate Revisions to Employer Medical Certification Forms," by Jeremy J. Sharp

October 2010 - "IRS Form W-2 Reporting for Employer-Provided Health Care Delayed," by Jeremy J. Sharp

October 2010 - "Ohio's Minimum Wage Will Increase January 1, 2011," by Patricia F. Weisberg

July 2010 - "DOL Issues A Fact Sheet on Breaks for Nursing Mothers," by Nancy A. Noall and Michael Schmeltzer



June 2010 - "The Ohio Supreme Court Rules That Employers Are Not Required to Grant Maternity Leave to Pregnant Employees," by Morris L. Hawk

June 2010 - "Employees Injured Off-Site and On Breaks May Still Be Entitled To Workers' Compensation Benefits," by Michael Schmeltzer

June 2010 - "Child Labor Revised Regulations Effective July 2010," by Patricia F. Weisberg

May 2010 - "You're HIREd! New Law Provides Tax Benefits for Hiring Unemployed Workers," by Susan R. Hartung

May 2010 - "Unpaid Internships: Are They Legal?"

April 2010 - "COBRA Subsidy Extended - Again - Through May 31, 2010"

April 2010 - "The Ohio Supreme Court Upholds Statute Limiting Intentional Tort Lawsuits"

April 2010 - "Breastfeeding Moms Given Federal Protection in the Workplace"

March 2010 - "COBRA Subsidy: Clarification of the March 2010 Extension"

March 2010 - "COBRA Subsidy Extended Through March 31, 2010"

February 2010 - "Employers Must Exercise Caution When Applying Their Policies to Employees with Any History of Illness, Injury or Serious Medical Conditions"

January 2010 - "Gender-Specific Vulgarities Sufficient To Establish A Claim For Sexual Harassment Even If The Comments Are Not Directed At Plaintiff"

January 2010 - Recent Updates on COBRA Subsidy Extensions

December 2009 - COBRA Subsidy Extended Through February 28, 2010

December 2009 - The NLRB's Definition of a "Perfectly Clear" Successor Is Often Quite Murky

December 2009 - Ohio's Minimum Wage Won't Rise in 2010

November 2009 - More Changes in the FMLA

October 2009 - EEOC Releases New Equal Employment Opportunity Poster

October 2009 - Employers Can't Contract Away Liability for Discriminatory Acts

September 25, 2009 - "EEOC Publishes Proposed Rules Implementing the Amendments to the Americans with Disabilities Act"

September 21, 2009 - EEOC Slaps Employers with Lawsuits for Failing to Alter Medical Leave and Termination Policies for Disabled Employees

August 2009 - Breast-feeding Moms Have to Follow the Rules at Work

April 2009 - Be Wary of Free Choice Act Ramifications

April 2009 - IRS Issues Guidance Regarding Meaning of "Involuntary Termination" for Purposes of the COBRA Premium Reduction.

April 2009 - United States Supreme Court Upholds Arbitration Clause In Collective Bargaining Agreements For Age Discrimination Claims

March 2009 - Government-Imposed Union Contracts: The Real Threat of the Employee Free Choice Act and What Employers Can Do to Protect Themselves.

February 2009 - New COBRA Continuation Subsidy

January 2009 - Revised FMLA Regulations Require New Practices

January 2009

Patricia Weisberg discussed the laws and regulations governing minors in the workplace in the article, "Teen Employment: Laws and Regulations That Parents Should Know," published in the Winter, 2009 issue of Your Teen magazine.



January 2009

Patricia Weisberg discussed the laws and regulations governing minors in the workplace in the article, "Teen Employment: Laws and Regulations That Parents Should Know," published in the Winter, 2009 issue of Your Teen magazine.



More »»
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