PRACTICE AREAS
Labor and Employment
Employers often require informed counseling to navigate through the numerous labor and employment laws, rules and regulations. At Kubicki Draper, we provide guidance on labor and employment-related claims to all types of employers, including state and local governmental agencies, small businesses, major corporations, non-for-profit corporations and insurance companies. We are known for our ability to tackle everything from complex and precedent-setting issues to every day concerns, and our practice incorporates problem prevention and claims avoidance measures, including developing policies and procedures, training on wage and hour pitfalls, discrimination, harassment, recordkeeping and employee leave issues. We partner with our clients to build lasting relationships and provide support for their human resource professionals to prevent and resolve employee relations issues.
We successfully handle a wide range of matters concerning:
- National Labor Relations Board Matters
- Audits to determine the Exempt Status of positions
- Internal Investigations into whistle blowing allegations, and employee complaints of harassment and discrimination
- Drafting Employee Handbooks and other policies and procedures
- Equal opportunity
- Gender, age, race, disability, national origin and religious discrimination under Title VII, the Florida Civil Rights Act (FCRA) and local ordinances
- Violation of the Equal Pay Act (EPA)
- Violation of the Fair Labor Standards Act (FLSA)
- Violation of the Americans with Disabilities Act (ADA/ADAAA)
- Violation of the Family and Medical Leave Act (FMLA)
- Violation of wage and hour laws
- Whistle-blowers
- Tenure disputes
- Civil rights violations against counties, municipalities and public officials under Sections 1981, 1983 and 1985
- Claims asserting violations of Due Process Clause, Equal Protection Clause, Fourth Amendment and First Amendment Rights
- Title IX Claims
- Tort and Contractual issues
- Wrongful discharge, hiring and discipline
- Defamation
- Invasion of privacy
- Negligent retention and supervision
- Reemployment Assistance Claims and Appeals (Unemployment compensation benefits)
Our aggressive approach of challenging allegations from the beginning of litigation has proved effective at all stages of the case:
- At the pre-suit level, we aggressively pursue early resolution.
- At the administrative level (EEOC, Florida Commission on Human Relations), we have successfully secured dismissals and avoided probable cause determinations.
- In litigation, we focus initially on dismissal of the claims at the initial pleading stage and at summary judgment.
Our firm's extensive experience in coverage matters is well suited to assist our clients on matters ranging from the applicability of employers liability policies, directors and officers insurance policies and comprehensive general liability policies to employee disputes. Our extensive appellate experience also benefits our clients. In addition to our litigation, coverage and appellate work, we advise clients in the development and implementation of risk management programs and practices that reduce the possibility of litigation.
- Audits to Determine the Exempt Status of Positions
- Civil Rights Violations Against Counties, Municipalities and Public Officials Under Sections 1981, 1983 and 1985
- Claims Asserting Violations of Due Process Clause, Equal Protection Clause, Fourth Amendment and First Amendment Rights
- Defamation
- Drafting Employee Handbooks and other Policies and Procedures
- Equal Opportunity
- Gender, Age, Race, Disability, National Origin and Religious Discrimination under Title VII, the Florida Civil Rights Act (FCRA) and Local Ordinances
- Internal Investigations into Whistle Blowing Allegations, and Employee Complaints of Harassment and Discrimination
- Invasion of Privacy
- National Labor Relations Board Matters
- Negligent Retention and Supervision
- Reemployment Assistance Claims and Appeals (Unemployment Compensation Benefits)
- Tenure Disputes
- Title IX Claims
- Tort and Contractual Issues
- Violation of the Americans with Disabilities Act (ADA/ADAAA)
- Violation of the Equal Pay Act (EPA)
- Violation of the Fair Labor Standards Act (FLSA)
- Violation of the Family and Medical Leave Act (FMLA)
- Violation of Wage and Hour Laws
- Whistle-Blowers
- Wrongful Discharge, Hiring and Discipline
Labor and Employment
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