NATURE OF OUR PRACTICE

Bullard Smith Jernstedt Wilson represents employers in labor and employment law matters exclusively. We advise clients on all aspects of the employment relationship, including:

State and Federal Regulation of Employment

• Title VII of the Civil Rights Act (prohibiting discrimination based on sex, race, color, national origin and religion) and related state laws
• Americans With Disabilities Act and related state laws
• Age Discrimination in Employment Act and related state laws
• Family and Medical Leave Act and related state laws
• Executive Orders on affirmative action, and federal contract compliance
• Fair Labor Standards Act and related state wage and hour laws
• Workers Adjustment Retraining and Notification Act requirements
  ("WARN Act")
• Federal and state occupational health and safety laws
• State laws governing unemployment compensation
• Employee Retirement Income Security Act and related state laws
• Fair Credit Reporting Act and laws governing applicant screening and investigations
• Other federal and state civil rights laws

Labor Contract Administration and Collective Bargaining

• All aspects of the National Labor Relations Act, including unfair labor practice proceedings, union election campaigns, strike management and decertification efforts
• Contract negotiations, representing clients directly at the bargaining table as well as providing legal and practical advice to company negotiators
• Contract administration, interpreting the contract on an operational basis, advising administrators and accomplishing the company's goals within the bounds of the law and the collective bargaining agreement
• Processing and arbitrating grievances, selecting the best arbitrator on the panel and effectively trying the case
• Labor litigation, including secondary boycott damage claims against unions and injunctions against strikes, violence and misconduct

Public Sector Labor Law

• Public sector client representation (cities, counties, special service districts,
  and school boards), including collective bargaining and state public sector personnel law
• Representing clients before State Public Employment Relations Boards and other state agencies
• Defending clients in arbitration proceedings
• Defending public employers in state and federal courts from civil rights, due process and other claims by employees and unions

Advice and Training

• Training managers and providing day to day advice regarding all aspects of labor and employment law
• Conducting seminars and client briefings on such topics as personnel policies, managing sexual harassment issues, complying with disability discrimination laws, complying with wage and hour laws, complying with family and medical leave laws, conducting investigations, discipline and grievances, drug and alcohol testing, workplace safety, workplace violence and prevention strategies
• Keeping our clients informed of new developments through our Publications and E-Alerts as well as, other client updates

Employment Litigation

We represent employers in all forms of litigation involving the employment relationship, regarding:

• Employment discrimination and harassment claims, including litigation under all federal and state discrimination statutes and Executive Orders (sex, race, age, religion, national origin, color, disability, military status, marital status, sexual orientation, and protected activity)
• Wrongful discharge litigation, and related "tort and contract claims" brought by employees and unions
• Whistleblower and retaliation claims
• Wage and hour claims
• Claims arising out of pre-employment tests, screening procedures, and drug and alcohol testing
• Reductions in force
• ERISA and fringe benefit litigation
• Family and medical leave litigation
• Appellate litigation
• Administration proceedings
• Drafting and auditing employee handbooks and policy manuals
• Advising about the non-tax aspects of fringe benefits, retirement plans and health and welfare insurance
• Employee privacy issues
• Workplace drug and alcohol control programs, including drug testing policies and last chance agreements
• State and federal laws relating to family and medical leave
• Employment, Independent Contractor, and Separation Agreements
• Drafting employment and independent contractor agreements
• Negotiating and drafting separation agreements and releases
• Drafting, enforcing and defending, non-compete and confidentiality agreements
• Employee Benefits
• Drafting employee benefit plan documents and disclosure materials including qualified and nonqualified retirement plans, health and welfare plans and funding vehicles for employee benefit plans
• Resolving compliance matters involving government agencies, including the Internal Revenue Service, Department of Labor and Oregon Insurance Division
• Responding to litigation involving employee benefit plans
• Planning with employers regarding benefits and compensation