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.
- 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.
- 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:
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
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
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
- Permanent residence
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.
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
Trade Secret Quarterly - Summer 2019
August 01, 2019
Illinois Legalizes Recreational Use of Marijuana Effective January 1, 2020 - Labor & Employment @lert
July 18, 2019
Compliance Check 2020 - July 2019
July 11, 2019
DOL Issues New Opinion Letters Regarding FLSA Compliance - Labor & Employment @lert
July 10, 2019
Compliance Check 2020 - June 2019
June 17, 2019
Kentucky Employers May No Longer Represent Themselves in Unemployment Compensation Hearings - Labor & Employment @lert
June 05, 2019
Compliance Check 2020 - May 2019
May 16, 2019
Trade Secret Quarterly - Spring 2019
April 30, 2019
New Pregnancy Accommodation Law for Kentucky Employers - Labor & Employment @lert
April 18, 2019
Compliance Check 2020 - April 2019
April 15, 2019
New Jersey Enacts Limits on Employment and Settlement Agreements - Labor & Employment @lert
April 08, 2019
DOL Proposes Rule to Redefine Employees’ Regular Rate of Pay - Labor & Employment @lert
April 04, 2019
Compliance Check 2020 - March 2019
March 14, 2019
Cincinnati Adopts Salary History Ban - Labor & Employment @lert
March 14, 2019
DOL Proposes New Salary Threshold for FLSA’s Overtime Exemptions - Labor & Employment @lert
March 08, 2019
OFCCP to Electronically Post Corporate Scheduling Announcement List in March 2019 - Labor & Employment @lert
February 25, 2019
Compliance Check 2020 - February 2019
February 14, 2019
EEO-1 Survey Deadline Extended Until May 31, 2019 - Labor & Employment @lert
February 04, 2019
Business Law Update – Winter 2019 - Thompson Hine Newsletter
February 04, 2019
Trade Secret Quarterly - Winter 2019
January 31, 2019
Compliance Check 2020 - January 2019
January 15, 2019
Kentucky Bans Mandatory Employee Arbitration Agreements - Labor & Employment @lert
December 12, 2018
October 08, 2018
Massachusetts Enacts Broad Noncompetition Agreement Law - Labor & Employment @lert
August 22, 2018
Massachusetts Enacts Expansive Paid Family and Medical Leave Legislation - Labor & Employment @lert
August 09, 2018
June 21, 2018
The Stop Sexual Harassment in NYC Act: Considerations for Private Employers - Labor & Employment @lert
June 06, 2018
Supreme Court Holds Class and Collective Action Waivers Are Enforceable in Employment Arbitration Agreements - Labor & Employment @lert
May 21, 2018
DOL Issues New Opinion Letters on FLSA and CCPA - Labor & Employment @lert
April 19, 2018
Business Law Update – Spring 2018 - Thompson Hine Newsletter
April 12, 2018
California Departs from FLSA on Flat Sum Bonuses for Calculating Overtime Pay - Labor & Employment @lert
March 26, 2018
The Law@Work – Winter 2018 - Thompson Hine Newsletter
March 21, 2018
Biometric Data: Convenient or Cause for Concern? - Labor & Employment @lert
March 12, 2018
Digital Workplace Discussions and Employer Liability - Labor & Employment @lert
January 29, 2018
#MeToo Movement Highlights Importance of Employer Response to Sexual Harassment - Labor & Employment @lert
January 23, 2018
DOL Sides with Circuit Courts, Adopts New Intern Test - Labor & Employment @lert
January 09, 2018
NLRB Chairman’s Final Days Signal an End to More than His Term - Labor & Employment @lert
December 20, 2017
NLRB Reverts Back to Pre-Browning-Ferris Joint Employer Test - Labor & Employment @lert
December 18, 2017
Business Law Update – Fall 2017 - Thompson Hine Newsletter
November 07, 2017
The Law@Work – Fall 2017 - Thompson Hine Newsletter
October 26, 2017
Rethinking Salary History Inquiries in New York City - Labor & Employment @lert
October 24, 2017
Termination Does Not Always Lead to a Voluntary Abandonment Defense in Ohio - Labor & Employment @lert
October 17, 2017
New OSHA Regulations on Construction Exposure to Crystalline Silica - Construction and Labor & Employment Update
August 17, 2017
Is Your Company Prepared for the New York Paid Family Leave Law? - Labor & Employment @lert
August 07, 2017
Massachusetts Court Finds Medical Marijuana Use May Constitute Reasonable Accommodation - Labor & Employment @lert
July 24, 2017
The Law@Work – Spring 2017 - Thompson Hine Newsletter
June 15, 2017
New Law Changes Sick Leave Requirements for Some Georgia Employers - Labor & Employment @lert
May 15, 2017
Ohio BWC Proposes $1 Billion Workers’ Comp Rebate - Labor & Employment @lert
March 23, 2017
EEOC Seeks Comment on Proposed Unlawful Harassment Guidance - Labor & Employment @lert
February 13, 2017
The Law@Work – Winter 2017 - Thompson Hine Newsletter
February 08, 2017
Travel Considerations for Employers and Universities in Light of Executive Order - Immigration Update
February 01, 2017
OMB Renews OFCCP Mandatory Disability Self-Identification Form - Labor & Employment @lert
February 01, 2017
Planning for H-1B Cap Season Under the Trump Administration - Immigration Update
January 31, 2017
Ohio Businesses Should Ensure Compliance With Amended Concealed Carry Laws - Corporate Law and Labor & Employment Update
January 12, 2017
Bill Gives Ohio Employers Exclusive Authority Over Schedule and Benefits Policies, Limits Minimum Wage - Labor & Employment @lert
January 11, 2017
Washington, D.C. Council Passes Generous Paid Family Leave Bill - Labor & Employment @lert
December 29, 2016
December 01, 2016
Federal Judge Enjoins New FLSA Overtime Regulations - Labor & Employment @lert
November 23, 2016
Legalizing Recreational Marijuana Use: Business as Usual for Employers - Labor & Employment @lert
November 09, 2016
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.