Private and public companies across the United States turn to us for advice on labor and employment, immigration and workers’ compensation issues; comprehensive preventive counseling and compliance services; and strategic, efficient defense in complex disputes. We focus on helping clients forge and maintain effective labor-management relations.
Our services cover the following key areas:
- Employment counseling & preventive services
- Employment litigation
- Immigration issues
- Occupational Safety and Health Administration (OSHA) claims
- Traditional labor & union relations
- Workers’ compensation
Whether companies call on us to serve as outside labor and employment counsel, immigration counsel or as an extension of their in-house human resources departments, we offer services according to our clients’ needs.
We advise employers on employee handbooks and policy development, train employees and provide guidance on all aspects of ever-changing employment regulations. Our lawyers counsel management teams on effective personnel management strategies in union and nonunion environments and provide training to help minimize the risk of litigation. We also counsel human resources professionals on strategies for hiring foreign nationals and federal requirements relating to employment eligibility verification (the I-9 process).
When litigation is unavoidable, clients trust us to secure courtroom victories. Our experienced trial lawyers provide representation in the full spectrum of employment litigation, from individual cases to multiparty claims and class action suits.
Having a motivated, content workforce is critical to the success of all companies. That is why our lawyers spend considerable time uncovering the root of the issue and providing solutions to not only address existing problems, but also implement policies and programs to prevent future legal pitfalls and costly litigation.
Representative Experience
Employment Litigation
- Defeated an attempt to certify a nationwide class of over 1,600 individuals in a wage-hour action pending in federal district court in Florida.
- Tried a wrongful discharge/intentional tort case to a jury verdict. The defense verdict on the wrongful discharge claim and the intentional tort claim was later settled, resulting in a very favorable outcome for the company.
- Obtained dismissal of a wage and hour collective action against an Ohio nonprofit organization that operates multiple group homes, where the plaintiff claimed that she and members of the class were misclassified as exempt employees.
- Obtained summary judgment for a worldwide package delivery service in federal court in Kentucky, where the plaintiff challenged the employer’s company-wide policy of providing light duty only to employees who suffered job-related injuries, claiming that the policy violated the Pregnancy Discrimination Act.
- Obtained summary judgment for a large plastics manufacturer against a class of retirees, where the union claimed that the manufacturer violated collective bargaining agreements by requiring union retirees to pay a portion of medical insurance premiums for the first time.
- Successfully defended a non-compete case in a two-day hearing on a motion for preliminary injunction in federal district court in Louisville, Kentucky.
- Obtained a preliminary injunction on behalf of a national client in a non-compete case, which prevented both the former employee and her spouse, who was not employed by nor a party to any agreement with the client, from any competitive employment.
- Obtained summary judgment from the United States District Court for the Southern District of Ohio in an age discrimination case for a national company. The plaintiff, let go during a reduction-in-force, was the most senior member of the department by more than 15 years.
- Obtained summary judgment from the United States District Court for the Western District of Louisiana in an FMLA/pregnancy discrimination case for a national company. The plaintiff was terminated from her employment within days of returning to work from maternity leave. Successfully defended the appeal of this matter before the Fifth Circuit Court of Appeals.
Other Matters
- Aggressively defended two Fortune Global 500 companies against nine OSHA citation items resulting from a chemical release, eight of which were classified as “serious,” resulting in a successful settlement wherein OSHA agreed to vacate six of the “serious” items, reclassify one of the “serious” items to an “other than serious classification,” and reduce the total fine by more than 60%.
- Successfully defended a chemical products manufacturer, resulting in the dismissal of unfair labor practice charges related to the termination of an employee and a company’s non-solicitation policy.
- Redesigned the HR/employment complaint procedure for a subsidiary of a Fortune 500 company employing 9,000 people. This project involved meeting with the HR team from all U.S. plants, designing a comprehensive employee complaint procedure to handle EEO, harassment, whistleblower, SOX, etc., complaints and conducting “train-the trainer” workshops.
- Conducted a successful three-day labor arbitration for a warehousing client over the implementation and reasonableness of computerized order selector productivity standards.
- Handled the longest Cincinnati-area strike in recent history, including picket line monitoring, injunctive relief for picket line violence and successful contempt hearings against the union.
- Negotiated labor agreements for employers whose employees are represented by the UAW, IAM, Teamsters and the newly formed USW (Steelworkers, PACE, etc.).
- Assisted a multi-state manufacturer with four OFCCP audits of its affirmative action plans, including hiring, promotion, termination and compensation analyses.
- Counseled an Ohio-based manufacturer in the purchase and assimilation of a multi-state competitor, including substantial production-level RIFs, consolidation of both management teams, WARN compliance and drafting of state-law compliant releases.
- Assisted a manufacturer with the purchase of a unionized operation and subsequent union negotiations over closure, severance, WARN and release-related issues.
We offer a broad range of services to meet your labor and employment needs, including client counseling and prevention, employment litigation, management-union relations, immigration and other services.
Client Counseling & Prevention
We advise employers on their employment policies and practices, including:
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Employment Litigation
We represent small and large employers in class actions and individual cases in state and federal courts, arbitrations and mediations. We have consciously chosen to integrate our counseling with our employment defense services; this strategy helps our clients to avoid future employment defense actions. Our areas of litigation experience include:
- Age discrimination
- Disability discrimination
- Implied and express contract
- Non-compete defense and prosecution
- Public policy torts
- Race/national origin discrimination
- Retaliation matters
- Trade secret theft
- Sexual and other harassment
- Wrongful termination
Management-Union Relations
We provide traditional labor management-union services, including:
- 301 actions
- Defending unfair labor practice (ULP) charges
- Developing strategies to meet union organizing campaigns
- Grievance arbitrations
- National Labor Relations Act (NLRA) issues
- Negotiations and bargaining
- Strike planning and injunctions
- Supervisor training
- Union avoidance
- Union decertification
Immigration
Our Immigration services cover the full-scope of non-immigrant and immigrant classifications. Following is a sampling of the employment-based non-immigrant classifications that our corporate clients most often utilize:
- Entertainers and athletes (P)
- Exchange visitors (J)
- Foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics (O)
- Intracompany transfers (L-1)
- North American Free Trade Agreement (NAFTA) (TN)
- Professional/specialty workers (H-1B)
- Traders and investors (E)
Additionally, we have seen many clients through the following processes:
- Labor certifications
- Naturalization
- Permanent residence
Other Services
Thompson Hine's Workplace Audits and Training program offers audits and training programs that are interactive, customized and flexible.
Please fill out this form if you'd like to subscribe to any of the electronic newsletters and alerts we publish on developments in many areas of the law, legislative and regulatory changes, and industry trends.
Developments related to the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act continue to occur at an unprecedented pace. The Department of Labor has now begun issuing guidance that impacts some of the information in our prior webinars and alerts. We will be updating the webinar PowerPoint information, but in the meantime be aware that some of the information has been outdated by the DOL’s new guidance, and it should be viewed in conjunction with that guidance. Contact your Thompson Hine lawyer for additional information.
Employment Legislation Outlook - Upcoming Changes to State Laws
August 02, 2022
EEOC Says Collecting Family Members’ COVID-19 Test Results Violates GINA - Labor & Employment @lert
July 18, 2022
Trade Secret Quarterly - July 2022
July 12, 2022
Expanding Remedies in Unfair Labor Practice Cases - Labor & Employment @lert
July 05, 2022
Employment Legislation Outlook - Upcoming Changes to State Laws
July 01, 2022
Ohio House Bill 447 to Impact Workers’ Compensation and Employees Working from Home - Labor & Employment @lert
June 29, 2022
Employment Legislation Outlook - Upcoming Changes to State Laws
June 01, 2022
OFCCP Releases 2022 Corporate Scheduling Announcement List - Labor & Employment @lert
May 20, 2022
Coming Soon to a Store Near You – A Union Organizing Campaign - Labor & Employment @lert
May 18, 2022
Employee and Contractor Classification - Rules of the Road - New Ventures Update
May 17, 2022
Final Countdown – EEO-1 Survey’s May 17 Deadline is Fast Approaching - Labor & Employment @lert
May 10, 2022
Employment Legislation Outlook - Upcoming Changes to State Laws
May 02, 2022
Startup Building Blocks: Allocating Equity - New Ventures Update
April 19, 2022
Employment Legislation Outlook - Upcoming Changes to State Laws
April 04, 2022
New Federal Law Restricts Enforcement of Arbitration Agreements for Sexual Assault and Sexual Harassment Claims - Labor & Employment @lert
March 22, 2022
Trade Secret Quarterly - March 2022
March 15, 2022
Employment Legislation Outlook - Upcoming Changes to State Laws
March 01, 2022
Employment Legislation Outlook - Upcoming Changes to State Laws
February 01, 2022
U.S. Supreme Court Stays OSHA ETS; Health Care Worker Mandate Moves Forward - COVID-19 Update
January 14, 2022
Guidance Released on Coverage for OTC COVID-19 Tests - COVID-19 Update
January 11, 2022
Employment Legislation Outlook - Upcoming Changes to State Laws
January 05, 2022
Sixth Circuit Court of Appeals Dissolves Stay of OSHA Emergency Temporary Standard - COVID-19 Update
December 20, 2021
Federal Court Issues Nationwide Injunction Against Federal Contractor Vaccination Mandate - Government Contracts/Labor & Employment Update
December 08, 2021
Federal Court Enjoins Enforcement of Federal Contractor Vaccination Mandate in Ohio, Kentucky and Tennessee - Government Contracts Update
December 03, 2021
Employment Legislation Outlook - Upcoming Changes to State Laws
December 01, 2021
OSHA Issues COVID-19 ETS for Large Private Employers - COVID-19 Update
November 04, 2021
Employment Legislation Outlook - Upcoming Changes to State Laws
November 01, 2021
Employment Legislation Outlook - Upcoming Changes to State Laws
October 04, 2021
New COVID-19 Workplace Safety Guidance for Federal Contractors and Subcontractors - COVID-19 Update
September 28, 2021
Chemical Industry Regulatory Update - September 2021 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
September 21, 2021
Path Out of the Pandemic: Considerations for Employers and Government Contractors - COVID-19 Update
September 10, 2021
Employment Legislation Outlook - Upcoming Changes to State Laws
September 01, 2021
Employment Legislation Outlook - Upcoming Changes to State Laws
August 02, 2021
US Government Releases Xinjiang Supply Chain Business Advisory Update - International Trade Update
July 27, 2021
Trade Secret Quarterly - July 2021
July 09, 2021
Employment Legislation Outlook - Upcoming Changes to State Laws
July 01, 2021
Business Law Update – Summer 2021 - Thompson Hine Newsletter
June 28, 2021
OSHA Announces COVID-19 Emergency Temporary Standard for Healthcare Employers - Labor & Employment @lert
June 11, 2021
Employment Legislation Outlook - Upcoming Changes to State Laws
June 01, 2021
What the CDC’s Updated Guidance Means for Employers - COVID-19 Update
May 20, 2021
Employment Legislation Outlook - Upcoming Changes to State Laws
May 03, 2021
Employment Legislation Outlook - Upcoming Changes to State Laws
April 01, 2021
NYSDOL Issues Guidance Regarding New York COVID-19 Vaccine Leave Requirements
March 30, 2021
Trade Secret Quarterly - March 2021
March 22, 2021
American Rescue Plan Act: Impact on Employers and Employees - COVID-19 Update
March 10, 2021
Employment Legislation Outlook - Upcoming Changes to State Laws
March 01, 2021
DOL Prohibited Transaction Exemption for Participant Investment Advice Passes Review - Employee Benefits Update
February 16, 2021
Updates on FY 2022 H-1B Registration, the Selection Process and Required Wages - Immigration Update
February 16, 2021
D.C. Non-Compete Ban Effective Soon: Update Your Non-Compete Agreements and Workplace Policies Now - Labor & Employment @lert
February 05, 2021
OSHA Issues Updated COVID-19 Guidance - COVID-19 Update
February 03, 2021
What’s Old Is New Again: DOL Reinterprets Five-Part Investment Advice Test - Employee Benefits Update
February 02, 2021
Employment Legislation Outlook - Upcoming Changes to State Laws
February 01, 2021
Country-by-Country Guide: Government Measures Taken in Response to COVID-19 - COVID-19 Update
February 01, 2021
New Rule Could Bring Substantial Changes to H-1B Program - Immigration Update
January 14, 2021
Employment Legislation Outlook - Upcoming Changes to State Laws
January 04, 2021
Consolidated Appropriations Act, 2021: Implications for Business - COVID-19 Update
December 30, 2020
COVID-19 Relief Bill –
The Impact on Employers and Employees - COVID-19 UpdateDecember 22, 2020
EEOC Issues Updated Guidance on Mandatory COVID-19 Vaccinations - COVID-19 Update
December 18, 2020
What Health Plan Sponsors Need to Know About COVID-19 Vaccine Coverage Requirements - COVID-19 Update
December 14, 2020
Chemical Industry Regulatory Update – December 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
December 09, 2020
Employment Legislation Outlook - Upcoming Changes to State Laws
December 01, 2020
Chemical Industry Regulatory Update – November 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
November 05, 2020
Employment Legislation Outlook - Upcoming Changes to State Laws
November 02, 2020
Murphy’s Law – Literally - COVID-19 Update
October 30, 2020
Trade Secret Quarterly - Fall 2020
October 29, 2020
Chemical Industry Regulatory Update – October 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
October 08, 2020
Employment Legislation Outlook - Upcoming Changes to State Laws
October 01, 2020
SBA’s New Certification Regulations for Women-Owned Small Businesses - Government Contracts Update
September 18, 2020
Ohio Provides Qualified Liability Shield From COVID-19 Claims - COVID-19 Update
September 14, 2020
DOL Revises FFCRA Regulations in Response to Court Decision - COVID-19 Update
September 14, 2020
Chemical Industry Regulatory Update - September 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
September 04, 2020
Employment Legislation Outlook - Upcoming Changes to State Laws
September 01, 2020
Uncharted Territory: COVID-19 Travel and School Challenges Facing Employers - COVID-19 Update
August 18, 2020
Chemical Industry Regulatory Update - August 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
August 06, 2020
Federal Court Expands FFCRA Paid Leave - COVID-19 Update
August 05, 2020
Employment Legislation Outlook - Upcoming Changes to State Laws
August 03, 2020
Virginia First State to Enact COVID-19 Workplace Safety Standard - COVID-19 Update
July 31, 2020
Directive Barring Foreign National Students from Studying Online Reversed - COVID-19 Update
July 20, 2020
Best Practices for Critical Workers Traveling to and from “Hot Spot” States - COVID-19 Update
July 16, 2020
DOL Proposes Broad New Fiduciary Investment Advice Exemption - Employee Benefits & Executive Compensation Update
July 13, 2020
Chemical Industry Regulatory Update - July 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
July 08, 2020
Employment Legislation Outlook - Upcoming Changes to State Laws
July 01, 2020
Presidential Proclamation Extends Green Card Limitations and Reduces Temporary Visas - COVID-19 Update
June 23, 2020
Supreme Court Rules Title VII Protects LGBTQ Individuals - Labor & Employment @lert
June 15, 2020
Chemical Industry Regulatory Update - June 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
June 11, 2020
Political Activity from the Remote Office: Employer Considerations - Labor & Employment @lert
June 11, 2020
PPP Flexibility Act Becomes Effective, Modifying Options for Borrowers and Providing Additional Benefits - COVID-19 Update
June 05, 2020
Employment Legislation Outlook - Upcoming Changes to State Laws
June 01, 2020
U.S. Department of Labor Announces Two New Overtime Rules - Labor & Employment @lert
May 27, 2020
SBA Releases New Rules on PPP Loan Forgiveness and SBA Review Process - COVID-19 Update
May 27, 2020
OSHA Issues Updated COVID-19 Enforcement Plan and Guidance for Employers - COVID-19 Update
May 21, 2020
From Contact Tracing to Virtual Temperature Taking: Privacy Considerations for Employers - Privacy & Cybersecurity Update
May 19, 2020
SBA Releases PPP Loan Forgiveness Application and Related Instructions - COVID-19 Update
May 19, 2020
SEC Provides Guidance on Disclosures of Registered Investment Advisers Using Paycheck Protection Program Loans - COVID-19 Update
May 05, 2020
Employment Law Considerations as Our Economy Begins to Reopen - COVID-19 Update
May 01, 2020
Employment Legislation Outlook - Upcoming Changes to State Laws
May 01, 2020
Presidential Proclamation Limits Green Card Issuance in Effort to Reduce Job Competition - COVID-19 Update
April 23, 2020
From Employers to Homeschooling to Healthcare: Federal Government Provides Guidance Clarifying Data Privacy Requirements During COVID-19 - COVID-19 Update
April 21, 2020
Employment Issues to Consider as Businesses Get Ready to Re-Open After COVID-19 - COVID-19 Update
April 20, 2020
Government Measures Worldwide in Response to COVID-19 - COVID-19 Update
April 13, 2020
Employment Legislation Outlook - Upcoming Changes to State Laws
April 01, 2020
CARES Act: Implications for Businesses - COVID-19 Update
March 28, 2020
Federal CARES Act Provides Substantial Relief to Employers from Effects of COVID-19 - COVID-19 Update
March 27, 2020
As More Employees Work Remotely, Protecting Trade Secrets Must Remain “Essential Business” - COVID-19 Update
March 26, 2020
DOL Issues Employer Guidance on Implementing Families First Coronavirus Response Act - COVID-19 Update
March 25, 2020
When Your Critical Service Providers Telecommute: Risks and Tips - COVID-19 Update
March 25, 2020
Review Teleworking Cybersecurity Policies and Practices - COVID-19 Update
March 23, 2020
Chemical Industry Regulatory Update – March 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
March 20, 2020
The Federal Government’s COVID-19 Response Requires Employers With Fewer Than 500 Employees to Provide Paid Leave - COVID-19 Update
March 20, 2020
OFCCP Issues National Interest Exemption for Coronavirus Relief Contracts - COVID-19 Update
March 19, 2020
New Employee Leave Benefits Enacted by Families First Coronavirus Response Act - COVID-19 Update
March 19, 2020
New York State Enacts Paid Sick Leave for COVID-19 Quarantines, Lowers Percentage of Employees Allowed Onsite - COVID-19 Update
March 19, 2020
Families First Coronavirus Response Act: Five Issues for Benefit Plan Sponsors to Consider - COVID-19 Update
March 18, 2020
Frequently Asked Questions about COVID-19 and Employee Privacy - COVID-19 Update
March 18, 2020
House Passes Families First Coronavirus Response Act - COVID-19 Update
March 16, 2020
COVID-19: DOL Reminds Employers of Their Duties Under the FMLA, ADA and FLSA - COVID-19 Update
March 16, 2020
OSHA Issues COVID-19 Guidance for Employers - COVID-19 Update
March 13, 2020
Going off Script: Managing the Workplace under the Specter of the COVID-19 Virus - COVID-19 Update
March 09, 2020
Employment Legislation Outlook - Upcoming Changes to State Laws
March 02, 2020
Employment Legislation Outlook - Upcoming Changes to State Laws
February 05, 2020
Severance Pay Now Mandatory for Some New Jersey Terminations - Labor & Employment @lert
January 28, 2020
DOL Finalizes Rule Redefining Joint Employer Status - Labor & Employment @lert
January 14, 2020
Renewed Restrictions on the Use of Mandatory Employment Arbitration Agreements - Government Contracts Update
January 13, 2020
Chemical Industry Regulatory Update - January 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
January 10, 2020
Employment Legislation Outlook - Upcoming Changes to State Laws
January 06, 2020
DOL Finalizes Rule Redefining Overtime Calculations - Labor & Employment @lert
December 19, 2019
Compliance Check 2020 - December 2019
December 12, 2019
Compliance Check 2020 - November 2019
November 15, 2019
Chemical Industry Regulatory Update - November 2019 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
November 10, 2019
Compliance Check 2020 - October 2019
October 28, 2019
Chemical Industry Regulatory Update – October 2019 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
October 10, 2019
Department of Labor Issues Final Overtime Rule - Labor & Employment @lert
September 25, 2019
Compliance Check 2020 - September 2019
September 18, 2019
Chemical Industry Regulatory Update – September 2019 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
September 10, 2019
New York Changes the Landscape of State Workplace Discrimination and Harassment Litigation - Labor & Employment @lert
August 13, 2019
Compliance Check 2020 - August 2019
August 12, 2019
Kentucky Bans Mandatory Employee Arbitration Agreements - Labor & Employment @lert
December 12, 2018
In this episode, Eric Clark, a partner in our Labor & Employment practice, and April Miller Boise, Former Senior Vice President, Chief Legal Officer and Corporate Secretary of Meritor, share tips on how to build your career. They will discuss various strategies in defining professional goals and how to take a proactive approach to achieving them.
In this episode, Eric Clark, a partner in our Labor & Employment practice, and Ted Copetas, a partner at Eberly McMahon Copetas LLC, share strategies in managing the risks associated with workplace termination decisions. They will discuss the effectiveness of release agreements, outline acceptable reasons for workplace termination and provide guidance in dealing with retaliation and discrimination affecting protected classes.