Labor & Employment Law

Tueth Keeney is a member of the Employment Law Alliance (ELA). We partner with ELA attorneys worldwide to provide our clients with the resources to handle labor, employment and immigration issues throughout the world. Our clients also have access to ELA’s Global Employment and Immigration Handbook that includes detailed information regarding legal issues in each state and in all member countries. In addition, ELA regularly provides free webinars on “hot” topics. Please refer to the link for additional information about ELA.

Our Law Firm is Different by Design

Tueth Keeney’s labor and employment law practice is built on the three foundations of our firm’s core philosophy: PERSONAL CONTACT. QUALITY SERVICES. EFFICIENT RESULTS.

Tueth Keeney attorneys regularly represent employers both large and small throughout our region in labor and employment matters.   We work closely with in-house counsel and Human Resource professionals to successfully address  a broad range of employment matters, assisting our clients with issues such as discrimination complaints,  employment  litigation, federal investigations, and various traditional labor matters.   On a frequent basis, our employment attorneys:

• Defend employers accused of discrimination and retaliation under state laws such as the Missouri Human Rights Act (MHRA), whistle-blower and wrongful discharge claims, minimum wage and overtime claims, defamation and other tort claims;
• Respond on behalf of employers to federal investigations and federal litigation of claims involving Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), and U.S. Constitutional claims;
• Defend employers at the administrative “Charge” stage and prepare Position Statements and related documentation;
• Engage in alternative dispute resolution, including representing employers in  mediation and arbitration;
• Defend employers in wage-hour investigations, drafting of non-competes, affirmative action review and plan development, Form I-9 audits and related investigations involving the Department of Homeland Security (DHS) and its related entities, such as Immigration Customs Enforcement (ICE); and
• Represent employers in a variety of traditional labor matters, including collective bargaining and defending against unfair labor practice claims.

Furthermore, as part of our preventative law philosophy, Tueth Keeney attorneys conduct handbook reviews and are active in making policy recommendations.   We conduct compliance audits in areas such as wage-hour compliance, employment eligibility, record-keeping and other employment matters.   We also provide clients with a wide range of training, including interactive sessions for Human Resource personnel in the proper handling of investigations of discrimination and retaliation claims and the proper steps in handling workplace misconduct matters.   Our attorneys also train employer workforces regarding a variety of crucial workplace issues, including sexual harassment and nondiscrimination.   We also hold an annual Labor and Employment Seminar for our clients at no charge and communicate new developments to in-house counsel and Human Resource personnel.

Expertise

Employment Litigation

Our attorneys have successfully defended countless employment litigation cases where current and former employees have alleged a wide variety of state and federal claims, including:

• State discrimination and retaliation;
• Workers”™ Compensation;
• Minimum wage laws;
• Whistleblower and wrongful discharge claims;
• Public policy claims;
• Defamation and other tort claims;
• Title VII of the Civil Rights Act of 1964;
• The Age Discrimination in Employment Act (ADEA);
• The Americans with Disabilities Act (ADA);
• The Family Medical Leave Act (“FMLA”); and
• The Equal Pay Act.

Additionally, our attorneys have successfully enforced non-compete and non-solicitation agreements.

We have an active motion practice and handle appeals at the state and federal levels.   Our attorneys are admitted to and regularly practice before both state and federal courts, including the U.S. Supreme Court.

Traditional Labor Law

Tueth Keeney labor attorneys have extensive experience and are skilled practitioners.   Our attorneys regularly represent management in traditional labor matters, including representation before the National Labor Relations Board, Missouri State Board of Mediation, and Illinois Labor Relations Boards.   Our attorneys also regularly defend employers in grievance arbitration in private forums such as the  American Arbitration Association (AAA).   Tueth Keeney attorneys are available for consultation with employers and management to successfully address a variety of traditional labor union issues: from proactively maintaining a union-free work environment,  and  responding to union representation petitions and elections; to negotiating a Project Labor Agreement, or establishing “reserve gates” to keep a construction project moving forward; to assisting with contract negotiations at the table with the Union representative, or litigating unfair labor practice charges before the National or  state Labor Relations Boards.

Human Resources Counseling

Our attorneys provide a wide range of assistance with Human Resource issues.   We regularly advise clients with respect to the proper handling of discipline and discharge matters.   We assess the various risks and advise in-house counsel and Human Resource personnel in choosing a course of action that best meets our clients”™ needs.   Our attorneys also advise clients in the underlying strategy and analysis related to reorganizations and reductions-in-force, as well as in the implementation of roll-out of related decisions.   We regularly audit the process related to the selection of employees for layoff and assist in preparing documentation to communicate employer decisions, including the preparation of Separation Agreements and related documentation.   Our employment attorneys also advise clients regarding the proper classification of employees under the Fair Labor Standards Act (FLSA) and in determining whether individuals should be classified as independent contractors or employees.   We also draft executive employment agreements and assist clients with compensation planning, employee leasing and independent contractor agreements, non-competition/non solicitation and confidentiality agreements.   Our attorneys have in-depth experience in assisting Human Resource personnel in the drafting and implementation of employment handbooks, policy manuals and other workplace materials.

Immigration

Tueth Keeney immigration attorneys assist corporations, universities and individuals in obtaining work-authorized temporary visas and permanent resident status.   In addition, our immigration attorneys are available for compliance training and defense of Immigration Reform and Control Act of 1986 (IRCA) actions.

Please refer to the Immigration Law Services practice area description,  for a more detailed explanation of the legal services that our immigration attorneys and staff provide.

Agency Compliance and Representation

Tueth Keeney attorneys regularly represent employers before agencies such as the EEOC and state human rights agencies, OFCCP, OSHA, DHS, USCIS and Department of Labor.

Workers”™ Compensation

Our workers”™ compensation attorneys are well experienced in handling every type of Workers”™ Compensation claim, from very minor claims up to and including permanent total disability cases.   Our attorneys handle cases throughout Eastern Missouri and are very familiar with the customs, practices, and procedures of every Administrative Law Judge in that area.   Our attorneys deal with the large number of physicians and are able to select or recommend the best available physician to handle either diagnosis and treatment or rating evaluations.

Our Firm’s approach to workers”™ compensation matters has evolved to match the increased complexity of the cases.   At one time, the practice of workers”™ compensation law for the employer consisted solely of the defense of the Claim for Compensation filed by the employee with the Division of Workers”™ Compensation.   Now, however, due to a dramatic increase in state and federal legislation regarding employees, including OSHA, the ADA and the FMLA, it is mandatory that workers”™ compensation defense attorneys be able to provide a full-service approach to the defense of the workers”™ compensation case.   Such an approach involves having attorneys who are informed in all aspects of the law, as their comprehensive knowledge may affect the potential outcome of each case for the employer.  This includes understanding that sometimes a “win” in a workers”™ compensation case can create a devastating loss or potential loss for the employer with respect to a pending or potential employment lawsuit.   A review of recent reported court cases illustrates that, in many instances, an employer “won” the works”™ compensation case only to suffer a large verdict in a subsequent civil case, due to a tactical decision which was made in the workers”™ compensation case.   Our workers”™ compensation attorneys have extensive experience in both defending workers”™ compensation claims and in defending employment claims.   This dual experience ensures that our attorneys will reduce the employer’s risk to a minimum in all areas of potential liability.

Our workers”™ compensation attorneys take the approach that Workers”™ Compensation cases can be won, and they do win a majority of cases that go to hearing.   We take a proactive approach to each individual client to recommend and implement a specific strategy in each case, which will maximize the result for the client.   That begins with our willingness to become involved in a preventative or risk management approach with each client.   Generally speaking, this involves being willing to meet with the client to review various systems that the client has in place to handle Workers”™ Compensation cases and recommending changes or modifications in those systems.   This approach will assist the client in minimizing work-related accidents and maximizing their result should a Claim for Compensation be filed as result of an accident that occurs in the workplace.

Management and Employee Training

The Firm’s attorneys are available for on-site training related to anti-harassment, general EEO policy, ADA, FMLA, Workers”™ Compensation, Drug and Alcohol Testing, and many other employment issues.