PRACTICE AREAS

Eckert Seamans' Labor & Employment Law Department provides full-service representation of private and public sector employers in all facets of employment and labor relations. 

The department’s experienced attorneys provide services in employment litigation, union/management relations and litigation-preventive counseling.  Our attorneys are accessible and available at all times for immediate advice on the multitude of time-sensitive issues which confront management on a daily basis.

Our labor and employment attorneys will aggressively defend management’s decisions and prerogatives in the courtroom.  Eckert Seamans has assembled a team of employment litigators which has substantial jury trial experience and a track record of successful outcomes in courtrooms throughout the United States.  We have, for example, defended individual and class action lawsuits involving claims under federal and state race, sex, age and disability discrimination laws; the Family and Medical Leave Act; ERISA; and the Fair Labor Standards Act.  We have litigated employment contract, trade secrets and covenant not to compete cases. 

Our seasoned traditional labor lawyers’ expertise covers NLRB proceedings and related appellate work, collective bargaining, labor arbitrations, union avoidance training, union vulnerability audits and guidance through organization campaigns.

Our lawyers provide counseling and dispute-prevention assistance by reviewing and drafting personnel policies, handbooks, and other employment documentation.  We regularly plan and guide employers through reductions in force, exit incentive or early retirement programs, individual termination or disciplinary actions and the administration and implementation of policies to comply with such federal and state laws as the Family and Medical Leave Act, the Fair Labor Standards Act, WARN, ERISA, USERRA, Executive Order 11246, and its affirmative action, record keeping, posting and reporting obligations.  Department lawyers often conduct or assist clients with sexual harassment investigations.  We have developed and presented supervisor training seminars.  Because of our ongoing representation of clients with job sites throughout the United States, the department has developed the resources to review and evaluate proposed employment actions against the specific and individualized legal requirements of the various states. 

Eckert Seamans' labor and employment attorneys work closely with our corporate attorneys in connection with planning and implementing the sale or acquisition of facilities and businesses to address potential employment or union problems.

Other areas of service include defending workers’ and unemployment compensation claims and advice and representation in matters involving the Occupational Safety and Health Act (OSHA).

Recent Labor & Employment Results

Third Circuit Court of Appeals affirms verdict for our client.  The plaintiff, a physician, sued our client alleging that her contract was not renewed because of her sex, in violation of state and federal discrimination laws.  After a two-week trial, a jury returned a verdict in favor of our client.  The plaintiff appealed and the U.S. Court of Appeals recently affirmed the judgment. 

ERISA Disability Benefits Claims dismissed.  In two separate lawsuits, employees of our client, a disability plan for a large manufacturing company, alleged that their long-term disability benefits had been erroneously terminated, since they were still unable to work and were receiving social security disability benefits.  The U.S. District Court for the Middle District of Pennsylvania recently issued opinions in both cases upholding the action of the Plan Administrator in terminating the benefits.

Jury rejects race discrimination claims.  An employee alleged that she was discriminated against by our client because of the racial preferences of a customer of our client.  Our attorneys successfully tried the case resulting in a jury verdict in our client’s favor.  Post-trial motions were denied and no appeal was taken

Jury rejects race discrimination and retaliation claims.  A human resources manager who was discharged for poor performance sued and alleged that she was paid less than Caucasian employees because of her race, and that she was discharged shortly after making a complaint about her pay, in retaliation for that complaint.  A federal court jury rejected the plaintiff’s claims, finding in favor of our client on all counts. 

Defense verdict on disability and retaliation claims.  The plaintiff alleged that he was discharged from his professional position because he was disabled and in retaliation for his having filed a workers’ compensation claim.  After a trial in Marshall County, West Virginia, the jury returned a verdict in favor of our client, rejecting all of the plaintiff’s claims.

Sexual harassment and retaliation claims rejected.  A Western District of Pennsylvania jury rejected a claim by a former employee who alleged that she was sexually harassed by a fellow-employee, and then was discharged shortly after she reported the sexual harassment.  Our client’s defenses that the employee had not reported the sexual harassment, and that she was discharged for poor performance were upheld by the jury.

Major arbitration case won.  A client recently sold a manufacturing facility to a buyer who refused to assume the collective bargaining agreement.  The Union demanded almost two million dollars in severance payments.  The Arbitrator fully sustained our client’s position and awarded no severance payments.