Labor and Employment
Labor and Employment
The strength of our Labor and Employment Practice Group lies in the depth of the members’ real world experience in human resources and employment law. Several lawyers within the practice group previously served as in-house counsel for many years addressing wide-ranging labor and employment law issues for the organization/employer. These combined experiences are invaluable as these lawyers regularly represent clients in race, age, and gender discrimination cases, and frequently offer advice and counseling on government/legal compliance issues as well as personnel policies and procedures. The practice group also assists clients with handling complex litigation, trainings, investigations, negotiations, and appeals.
Disability and Leave of Absence / Employee Health Management
Lynn Jackson counsels clients on disabilities issues in the workplace arising under South Dakota state law and the federal Americans with Disabilities Act (ADA) law, advises on appropriate accommodations, leave of absence issues (including medical leave and leave under the federal Family and Medical Leave Act (FMLA)), and managing employees with illnesses, impairments or other health issues.
Employment Agreements and Non-Compete Agreements
Lynn Jackson's employment lawyers routinely draft, review and provide advice on employment agreements, including employment agreements for a term/period, executive employment agreements, severance/separation agreements, as well as restrictive covenant agreements such as non-competition, non-solicitation and non-disclosure/confidentiality agreements. The employment lawyers also draft, review and provide advice on independent contractor agreements.
Employment Related Claims
The Employment Practice Group at Lynn Jackson represents employers in the counsel and defense of employment-related claims, including discrimination and harassment charges at the local or state administrative level, or at the federal Equal Employment Opportunity Commission, as well as defense of formal litigation in the state and federal courts. Litigation areas include defense of discrimination/harassment claims on the basis of sex, age, disability, race, national origin, and religion, as well as defense of breach of contract-type claims, wage and hour claims, unemployment, FMLA and other statutory violation claims.
HR / Employment Law Advice and Compliance
Lynn Jackson attorneys are experienced in assisting employers with human resources/employment and compliance issues, in the areas of hiring, disciplinary action, firing/termination (including reductions in force), employee benefits, record keeping, independent contractor and leased employee issues, wage and hour questions, correct classifications of employees and state and federal discrimination avoidance. Our team also routinely drafts, revises and counsels clients on employee handbooks, policies and procedures.
Labor Law and Management Rights
The Labor Practice Group assists its clients who have union employees within their organizations or are facing union organization efforts, and provides timely and proactive labor relations advice, as well as assistance with policies, collective bargaining agreements, labor union disputes (such as unfair labor practice charges and NLRB elections), and representation at arbitrations.
Occupational Safety and Health
Our lawyers routinely assist with OSHA advice, compliance and claims defense.
The employment lawyers at Lynn Jackson represent both employers and employees in workers’ compensation claims.
Workplace Training, Investigations, and Audits
Lynn Jackson regularly provides up-to-date training on employment issues such as discrimination and harassment, bullying, diversity, inclusion, hiring/firing/discipline, disabilities and accommodation under the Americans with Disabilities Act, the Family and Medical Leave Act, and wage and hour issues, including permissible exemptions under the FLSA. Our team also conducts investigations relating to employment-related claims, and conducts a variety of personnel practices audits for our clients to ensure best practices and compliance with applicable laws and regulations.
The Lynn Jackson employment law team is able to assist clients with navigating the requirements of applying for visas associated with foreign employees, such as H-1B, H-2A, H-2B, and other types of employment and student visas.