Employment, Labor & Benefits
The Employment and Labor Services attorneys at Babst Calland provide counsel and representation to clients in every facet of the employment relationship, from pre-hire through termination. Babst Calland’s attorneys provide advice to prevent employment problems from arising, and to effectively resolve those which do occur.
Employment Counseling and Representation
Our attorneys counsel public sector employers on the full range of issues affecting the workplace. From pre-employment inquiries and physical examinations to application of laws and regulations governing the Family Medical Leave Act, the Americans with Disabilities Act, and Fair Labor Standards Act, our attorneys have handled virtually every human resources issue a public employer might confront. We are experienced at representing clients in cases involving claims of discrimination, whether those claims involve allegations of sexual or other harassment or allegations of wrongful termination, on the basis of race or another protected trait. Our attorneys can take the case from the initial response to the anti-discrimination agency through trial of the action in state or federal court. Regardless of the nature of the claim, however, one principle remains paramount: to provide our clients with the full range of options available to address a situation and the most cost-effective solution to the personnel problem.
Labor Contract Negotiations, Contract Administration and Labor Law Representation
Labor contracts are the basis of a host of problems and opportunities in any organized workforce, and our attorneys regularly negotiate them for private and public clients. We are familiar with the common pitfalls and unique circumstances confronted by the employer facing an expiring labor agreement. We have served clients both as chief spokesperson and as a member of the bargaining team to provide legal and practical insight into issues arising at the negotiating table, with a sensitivity to preserving and enhancing management’s ability to direct the workforce. Once the contract is finalized, our attorneys are frequently called upon to provide ongoing labor contract administration by advising clients on issues of contractual interpretation, responding to grievances and arbitrating contractual disputes. These activities are frequently performed in conjunction with employment counseling services, since it is typical for labor contract matters of “just cause” to also involve issues arising under any number of federal and state laws. Finally, if the claim is made that the employer has violated its bargaining obligation to the union, our attorneys have prepared and successfully defended such claims before the Pennsylvania Labor Relations Board.
Mediation and Dispute Resolution Services
Our attorneys are equipped to meet your alternative dispute resolution (ADR) needs, whether as an advocate or as a neutral. Our attorneys are trained and experienced as mediators, arbitrators and advocates in ADR, whether before the Equal Employment Opportunity Commission, the American Arbitration Association or privately.
“We understand the fiscal, pension and regulatory challenges that municipal entities are facing related to their employees and bargaining units. Our team of attorneys are versed in the unique and complex employment and benefit laws that apply to municipal entities and can partner with municipal entities to implement an effective strategy to address these challenges for the long-term and also to handle their immediate and short-term employment and labor needs.”
– Stephen L. Korbel