Employment & Labor

As an employer, you know that human capital is one of the most valuable resources and biggest expenses for your organization. Ulmer & Berne recognizes this reality and combines this understanding with one of the strongest and most comprehensive employment practices to best serve organizations. With more than 30 attorneys representing private and public organizations and the largest number of certified specialists in employment and labor law in Ohio, we provide a full spectrum of employment and labor services from preventative counseling and compliance to defense of the most complex litigation matters. 

Solutions to Business
Ulmer & Berne’s employment and labor lawyers counsel clients in the panoply of employment and labor challenges to businesses and organizations. We have substantial experience providing guidance in or solutions to such matters as:

  • Employee discipline and termination
  • Discrimination and sexual harassment issues
  • Unfair labor practice allegations
  • Affirmative action plan development and implementation
  • Wage and hour issues
  • Non-competes, non-disclosures and trade secret matters
  • Employment contracts
  • OSHA compliance and defense
  • Collective bargaining
  • Immigration
  • Workers’ compensation claims

As any client knows, however, the best time to seek counsel in the employment and labor areas is before there are problems, when policies and procedures need to be developed and implemented. That is the most cost-effective time to address employment needs. Ulmer & Berne attorneys counsel clients on employee handbook and policy development. We train personnel and conduct compliance audits. We guide employers through the labyrinth of public policy regulations which change frequently.  An employer which is unaware or unfamiliar with emerging requirements risks needs the up-to-date knowledge, understanding or expertise our attorneys provide. 

When disputes arise, the extensive experience of Ulmer & Berne’s employment and labor attorneys in trying and defending claims at all administrative and judicial levels and venues enables us to partner with our clients in resolving these disputes in the client’s best interest.  We regularly represent our clients before state and federal agencies and in state and federal courts, including many federal Courts of Appeal and the Ohio Supreme Court. In addition, we regularly represent clients before the National Labor Relations Board, the National Association of Securities Dealers and the Ohio State Employment Relations Board. More importantly, however, Ulmer & Berne attorneys are regularly retained to handle complex, often novel legal situations that employers face, including class actions.

Attorneys
Ronald H. Isroff
Mark D. Katz
Lynnette L. Rodgers
Isaac Schulz

 

Clients

 

Representative Experience

Won attempted class action age discrimination case by obtaining summary judgment in favor of employer, an international telecommunications company, which ruling was affirmed on appeal to the Sixth Circuit Court of Appeals.

Obtained summary judgment in sex and age discrimination case against client, an international telecommunications company. Summary judgment affirmed by the Sixth Circuit Court of Appeals.

Obtained summary judgment on behalf of a financial services industry client accused of breach of fiduciary duty under ERISA for failing to provide spousal death benefit coverage to employee. Summary judgment affirmed on appeal by the Tenth District Court of Appeals.

On summary judgment for a national food service company in U.S. District Court, S.D. Ohio on a sexual harassment claim. The court found that the client had successfully established the affirmative defense to a claim of supervisor sexual harassment.

Obtained dismissal of this case alleging sexual harassment against a national paint manufacturer.  The client’s alternative dispute resolution (ADR) procedure was upheld and enforced.

Won summary judgment on a sexual harassment and retaliation lawsuit filed against a manufacturing company and several managers in the Cuyahoga County Court of Common Pleas.

Successfully moved to compel discovery and for summary judgment, thereby obtaining dismissal of the case filed in the U.S. District Court, N.D. Ohio against a manufacturing company.  The claims included age and disability discrimination based on a workforce reduction.

Successfully defended a securities company against a race discrimination claim at trial.  Also successful in persuading the Court of Appeals to overturn a large jury verdict on a promissory estoppel claim.

Defended a healthcare services firm, its president and its vice president in an employment case filed by a former employee alleging breach of public policy, breach of contract, retaliation and wrongful discharge.  Won case on summary judgment, and the decision was upheld on appeal.

Represented a manufacturer of steel buildings which was cited for serious violations of the overhead crane standard resulting from a fatal accident at its Missouri plant.  Litigated the case and had violations vacated on the grounds that the cited standards were inapplicable to the facts.

Represented a Cleveland-based, steel manufacturer which was cited for failing to remove secondary lifting devices from its overhead cranes while performing the required testing of the upper limit switch.  The company determined that compliance with OSHA’s interpretation of the standard would result in an annual productivity loss of over a million dollars.  Successfully defended the company’s position throughout the litigation including the Court of Appeals for the District of Columbia.

 

Related Practice Areas

Litigation
Broker-Dealer & Securities
Class Actions
Employment & Labor
ERISA Litigation
Governance Disputes & D&O Litigation
Mass Tort/Occupational Exposure
Trade Secrets/Unfair Competition/Non-Competes
Workers' Compensation

Business
Employment & Labor
Executive & Incentive Compensation
Nonprofit
Sarbanes-Oxley

Tax
Employee Benefits/ERISA

Government Regulation
OSHA

Real Estate
Fair Housing

Financial Services
Broker-Dealer Litigation
Employment & Labor

Technology
Executive & Incentive Compensation

Health Care
Labor Relations

 

Case Studies

 

Publications

 

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