Labor & Employment Law

Federal Law

This practice group of Seltzer, Chadwick, Soefje & Ladik, PLLC is eminently knowledgeable as to the following federal labor & employment laws:

  • Affordable Care Act ("ACA")

  • Age Discrimination in Employment Act ("ADEA"), as amended.

  • Americans with Disabilities Act ("ADA"), as amended.

  • Civil Rights Act of 1866.

  • Civil Rights Act of 1991.

  • Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA").

  • Davis-Bacon Act.

  • Defend Trade Secrets Act.

  • Department of Transportation ("DOT") Regulations.

  • Drug-Free Workplace Act of 1988.

  • Employee Polygraph Protection Act.

  • Employee Retirement Income Security Act ("ERISA").

  • Equal Pay Act of 1963 ("EPA").

  • Executive Order 11246.

  • Fair Credit Reporting Act.

  • Fair Labor Standards Act ("FLSA").

  • Family & Medical Leave Act ("FMLA").

  • Genetic Information Nondiscrimination Act of 2008 ("GINA").

  • Immigration & Nationality Act.

  • Immigration Reform & Control Act of 1986 ("IRCA").

  • McNamara-O'Hara Service Contract Act. 

  • National Labor Relations Act ("NLRA")

  • Occupational Safety & Health Act ("OSH Act").

  • Personal Responsibility & Work Opportunity Reconciliation Act of 1996.

  • Railway Labor Act.

  • Rehabilitation Act of 1973, as amended. 

  • Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended.

  • Uniformed Services Employment & Reemployment Rights Act ("USERRA").

  • Vietnam Era Veteran Readjustment Act of 1974, as amended.

  • Walsh-Healey Public Contracts Act.

  • Worker Adjustment & Retraining Notification Act ("WARN").

State & Local Laws

This practice group is also knowledgeable as to the following state & local labor & employment laws:

  • 15 Oklahoma Statutes § 219, et seq.

  • Austin City Code

  • Norman City Code

  • Oklahoma Anti-Discrimination Act

  • Oklahoma Uniform Trade Secrets Act

  • Texas Covenants Not to Compete Act

  • Texas Labor Code. 

  • Texas Payday Law.

  • Texas Small Employer Health Insurance Availability Act.

  • Texas Unemployment Compensation Act.

  • Texas Uniform Trade Secrets Act.

  • Texas Workers Compensation Act ("TWCA"").​

The firm's attorneys are also very knowledgeable regarding Texas and Oklahoma common law addressing contracts, wrongful discharge, negligent hiring, supervision and retention, vicarious liability, duty to provide a safe workplace and other employment-related torts.

Contracts

The firm's attorneys are skilled at drafting and negotiating contracts and contract provisions, including:

  • Arbitration Agreements

  • Collective Bargaining Agreements

  • Consensual Romance in the Workplace Agreements

  • Consulting Agreements

  • Deferred Compensation Agreements

  • Employment Agreements

  • Employment-Related Clauses of Merger and Acquisition Agreements

  • Executive Compensation Agreements

  • Indemnity Agreements

  • Mediation Agreements

  • Non-Compete Agreements

  • Non-Disparagement Agreements

  • Offer Letters

  • Separation Agreements

  • Settlement Agreements

  • Staffing Agreements

  • Stock Option Agreements

  • Wage Deduction Agreements

Compliance & Risk Management

The firm provides legal counsel to employers regarding compliance and risk management strategies. The firm is available to provide legal counsel as to:

  • Affirmative Action Plans

  • Background Checks & Investigations

  • Data Security

  • Employment Policies & Procedures, including Employee Handbooks and Supervisory Manuals

  • Hiring Policies & Procedures

  • Job descriptions & Classifications

  • Labor Relations

  • Leave Policies & Procedures

  • Organizational Structures

  • Performance Review Policies & Procedures

  • Record retention policies and procedures

  • Recruiting Policies & Procedures

  • Reductions in Force & Plant Closings

  • Social Media Policies

  • Trade Secret and intellectual Property Security

  • Testing

  • Training

  • Union Avoidance

  • Workplace investigations.

Training

The firm is also available to provide supervisory and employee training.  The training programs the firm currently provide include:

  • "Responsible Supervision: Thirteen Common Costly Mistakes by Supervisors" (60-minute presentation includes discussion and scenarios).

  • "Responsible Supervision: Fifteen Lessons for Supervisors Regarding Harassment At and Away From Work"  (60-minute presentation includes videos, scenarios and discussion).

  • "Responsible Teamwork: Twelve Lessons for Employees Regarding Harassment At and Away From Work" (60-minute presentation includes videos, scenarios and discussion).

  • "Responsible Safety & Security: Managing Active Shooter Risks in Texas" (60-minute presentation includes videos, scenarios and discussion). 

  • "Responsible Cyber Security for Employees" (60-minute presentation is with a cyber security consultant). 

Administrative Investigations

The firm provides legal representation to employers during audits and investigations by administrative agencies, including:

  • Austin Equal Employment & Fair Housing Office

  • Austin Human Rights Commission

  • City of Norman Human Rights Commission

  • Department of Labor, Wage & Hour Division ("DOL")

  • Employee Benefits Security Administration ("EBSA")

  • Equal Employment Opportunity Commission ("EEOC").

  • National Labor Relations Board ("NLRB")

  • Occupational Safety & Health Administration ("OSHA") 

  • Office of Federal Contract Compliance Programs ("OFCCP")

  • Oklahoma Employment Security Commission

  • Oklahoma Human Rights Commission

  • Texas Commission on Human Rights

  • Texas Workforce Commission ("TWC")

Claim Resolution & Litigation

The firm also provides legal representation to employers in responding to employment-related claims before and during litigation. The firm's attorneys are knowledgeable regarding the procedures in the following litigation forums:

  • Arbitration

  • NLRB

  • Occupational Safety & Health Review Commission ("OSHRC")

  • Texas State & Appellate Courts, including the Texas Supreme Court

  • TWC 

  • U.S. District & Appellate Courts, including the U.S. Supreme Court ​

Attorneys

The firm's labor and employment practice is led by two Board Certified lawyers who have a combined 63 years of experience representing management.

Defending Management.jpg

 

Defending Management

Defending Management is a risk management educational blog for employers regularly published by the firm.

micro-phone-2917081_1280.png

 

Employment Podcasts

These short podcasts provide practical and timely advice to management and employers for minimizing the risks of employment-related claims. Even frivolous claims cost time and money.