Mohr Hackett has a cadre of lawyers who actively partner with employers and employees to help them avoid liability from complex employment compliance issues, like affirmative action programs, equal employment opportunity, disability or anti-discrimination laws, wage and hour laws, drug testing, hiring and firing determinations, medical and military leave, provision of welfare and/or retirement benefits, discipline of employees, workplace compensation and safety, violence in the workplace, taxation of employers, and immigration. If litigation becomes necessary, Mohr Hackett has significant experience in defending and prosecuting employment claims, whether in administrative hearings, trials, mediations, or arbitrations.
Employment law is the broad area of practice that includes every aspect of the employer/employee relationship other than what is covered by labor law. Labor law exclusively involves the collective bargaining process and labor unions. Much of a labor lawyer’s job is to be an effective negotiator between management and labor unions. This process is overseen by the National Labor Relations Board and is governed by the National Labor Relations Act of 1935, which states and outlines the rights of employees to collectively bargain with their employers, using representatives chosen by employees. An employment lawyer may represent only employers, only employees, or both. Mohr Hackett’s employment law practice predominantly involves representation of employers, although employee claims are also taken for representation if Mohr Hackett believes the employee’s claims are meritorious. The most effective employment law practice counsels and guides employers and employees to avoid costly litigation.
Claims against employers can result from contract liability, tort liability, liability under anti-discrimination laws, liability under ERISA or benefits laws, tax liability, liability under whistle-blower statutes, liability under immigration laws, and liability under wage and hour laws. Such claims may be filed in court or with state or federal administrative agencies, and may be brought against an employer by an employee or by an administrative agency. Claims of discrimination include retaliation, hostile work environment, and sexual harassment claims.
The agencies that typically pursue employment claims against employers are the Equal Employment Opportunity Commission, Arizona Civil Rights Commission, Internal Revenue Service, Department of Labor, Immigration and Naturalization Service, and Labor Department of the Arizona Industrial Commission.
Statutory claims may be brought under the Age Discrimination in Employment Act of 1967 (29 U.S.C. §§ 621-34) (ADEA); Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.) (ADA); Title VII of the Equal Employment Opportunity Act of 1972 (42 U.S.C. § 2000e) (Title VII); Family and Medical Leave Act of 1993 (29 U.S.C. § 2601, et seq.) (FMLA); Fair Labor Standards Act of 1938 (29 U.S.C. § 201, et seq.) (FLSA); Civil Rights Act of 1964, as amended (§ 1981); Occupational Health and Safety Act of 1970 (29 U.S.C. § 651, et seq.) (OSHA), Health Insurance Portability and Accessibility Act of 1996 (42 U.S.C. § 1320d, et seq.) (HIPAA), Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) (FCRA), Employee Retirement Income Security Act (29 U.S.C. § 1001-1461) (ERISA); Consolidated Omnibus Budget Reconciliation Act of 1986 (29 U.S.C. § 1161, et seq.) (COBRA); § 503 of the Rehabilitation Act of 1973, and Executive Order 11246 (disability protection and affirmative action for federal workers); as well as under state anti-discrimination or wage laws.