Labor & Employment

Labor & Employment Services

Human resources and employment law compliance has never been more daunting for employers large and small. Federal, state and local laws and regulations have increased exponentially in recent years.

With our real workplace experience and the focused mission and structure of our firm, Clark & Gotzler delivers large law firm quality and expertise with small firm focus. Our attorneys and paralegals have decades of in-house experience so we understand the practical realities of applying legal advice. We have analyzed the pros and cons, developed and executed the detailed plans, had the difficult conversations and managed the personal workplace dynamics of employment & HR decisions – because we have been there.

Our clients range from large multi-state employers to start-up businesses and represent all major industries and the non-profit sector. Client workforces are both white- and blue-collar, some are union represented and some are not and some rely heavily on third party or temporary workers, while others do not.

Our mission is to provide sound, practical advice and options while maintaining the highest standards of communication and responsiveness. Whether your organization needs representation on a discrimination claim, advice on an employee leave issue, training for managers, an audit of your HR practices and policies, or guidance on a pending employment decision, we can deliver.

Employment Litigation Defense Employee Relations Employment Law Training and Workshops
  • Discrimination and harassment claims
  • Disability accommodation claims
  • Retaliation and whistleblower claims
  • Wage & hour claims
  • FMLA and other leave of absence claims
  • Drafting and updating handbooks, policies and procedures
  • Advice on performance management and employee discipline
  • HR and employment practices audits
  • Anti-harassment and discrimination
  • Understanding leaves of absence (for managers)
  • Positive employee relations
  • Management and workplace compliance
Contingent Workforce & Outsourced HR Issues Wage & Hour Independent Contractor Issues
  • Representation of staffing & recruiting firms
  • Temporary staffing relationships
  • Advice regarding PEO & Other Outsourced HR Services
  • Exempt vs. non-exempt classification
  • Overtime calculations
  • Meal and rest periods
  • Wage and hour audits and assessments
  • Proper classification of worker as employee vs. independent contractor
  • Independent contractor agreements
  • Independent contractor misclassification defense
  • Independent contractor audits
Third Party Workplace Investigations Employee Leaves of Absence Non-Compete & Non-Solicitation
  • Serve as independent third-party investigator for range of workplace complaints: harassment, discrimination, whistleblower, hostile work environment, etc
  • ADA, FMLA, Workers Compensation and General Leaves
  • COBRA and other employee benefits issues
  • Draft non-competition and non-solicitation agreements
  • Draft non-disclosure agreements and assignment of invention agreements
  • Prosecute and defend employers in unfair competition claims, including theft of trade secrets, employee raiding, and breach of fiduciary duty
Government Relations on Employment Related Issues Union and Labor Relations Hiring & Onboarding Issues
  • Representation of staffing & recruiting firms
  • Strategic approach to forwarding your organization’s legislative and regulatory objectives
  • Collective bargaining
  • Grievance and arbitration
  • Unfair labor practice proceedings
  • Union avoidance
  • Background checks, screens and tests
  • Recruitment practices and processes
  • Data Privacy & Security