LABOR & EMPLOYMENT

We provide advice, counseling and litigation representation to employers on a wide range of issues including:

Wrongful Termination

• Advise employers on termination of employees (i.e., general policies, disclaimers, and individual cases)
• Represent employers in ADR of wrongful termination disputes
• Defend employers in lawsuits for wrongful termination (including claims for infliction of emotional distress, defamation, invasion of privacy, etc.)
• Handle appeals of wrongful termination cases

Equal Employment Opportunity

• Advise employers on internal discrimination investigations (including sexual harassment)
• Advise employers on compliance with the Americans with Disabilities Act
• Represent employers in government agency investigations (including the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance Programs, Hawai`i Civil rights Commission, U.S. Department of Labor)
• Represent employers in ADR of EEO claims
• Defend employers in lawsuits for discrimination or harassment cases

Labor Law

• Advise employers in union organizing campaigns
• Represent employers in proceedings (representation, unfair labor practice, back pay or other special proceedings) before the National Labor Relations Board or the National Mediation Board
• Assist employers in collective bargaining negotiations (including drafting collective bargaining agreements, acting as a spokesperson in negotiations, and handling strikes)
• Represent employers in grievance and arbitration proceedings under collective bargaining agreements
• Represent employers in injunction proceedings related to unfair labor practices
• Represent employers in labor litigation in federal courts (including appeals)

Wage and Hour Law

• Advise employers on compliance with local and federal wage and hour laws
• Represent employers in government agency investigations of wage and hour violations
• Defend employers in lawsuits for unpaid wages and other violations of wage and hour laws (including appeals)

Government Contracting

• Solicitation analysis
• Bid or proposal preparation (costing, employee benefits, worker classifications, preferences)
• Analysis of awards
• Contract execution and modifications including:
• Labor relations & labor standards compliance (Davis-Bacon, Service Contract Act, Affirmative Action issues, Drug-Free Workplace and Workforce programs)
• Contract interpretation
• Contract modifications (pricing, negotiation of price adjustment)
• Agency consultation
• Dispute resolution including
• Protest against solicitation or award
• Compliance issues (proceedings before USOL, OFCCP, Hawai`i DLIR, DOD, and other contracting agencies
• Modifications
• Claims
• Disputes

Employee Benefits

• Advise employers on leaves of absence (FMLA, pregnancy leave, military leave, disability leave, vacations, sick leave, educational leave, leave without pay, domestic violence leaves, etc.)
• Advise employers on insured benefits (workers’ compensation, unemployment insurance, temporary disability insurance, long term disability insurance, group life insurance)
• Advise employers on medical plan issues (Prepaid Health Care Act, Health Insurance Portability and Accountability Act, Consolidated Omnibus Budget and Reconciliation Act, ERISA, etc.)
• Represent employers in government agencies proceedings involving employee benefits (USDOL, DLIR Enforcement Division, Disability Compensation Division, Unemployment Insurance Division)
• In conjunction with tax counsel:
• Assist employers in drafting employee benefits plans including retirement plans, early retirement programs, deferred compensation agreements, severance pay plans, and cafeteria plans
• Assist employers in preparing summary plan descriptions for retirement plans employee welfare benefit plans (including medical plans)
• Advise employers on their obligations under the Employee Retirement Income Security Act (including reporting, disclosure and fiduciary obligations)
• Defend employers in lawsuits over employee benefits(including appeals)

Taft-Hartley Trust Funds/ERISA

• Prepare and amend Trust Agreements and Plan Documents for legal compliance and Trustee objectives
• Coordinate with Auditor and Actuary/Consultant on annual filings with Governmental agencies and communications with participants
• Enforce payment of contributions required under collective bargaining agreement
• Review divorce decrees for compliance with QDRO and QMCSO requirements
• Advise trustees and Administrator on Prohibited Transaction matters
• Prepare applications to IRS for recognition of tax exempt status
• Assist with resolution of participant benefits claim disputes
• Represent Trust Fund in business transactions and investments
• Notify Trustees of significant legal developments
• Represent Trustees and managed care plans in ERISA litigation

Business Transactions

• Assist new employers in establishing their personnel operations including registration with government agencies, establishment of personnel policies and procedures, developing wage and benefit packages, and drafting personnel forms
• Advise employers on the labor/employment implications of:
• Purchasing an ongoing business
• Selling a business
• Mergers
• Downsizing (layoffs)
• Subcontracts and management agreements
• Partial and total shutdowns of operations
• Assist employers with labor/employment issues involved in corporate restructuring
• Assist employers in planning and implementing a reduction in force
• Advise employers of their obligations under WARN and/or the Hawai`i Dislocated Workers Act; assist in drafting the plant closing notices
• Assist employers in “effects bargaining” with unions resulting from changes in operations and/or layoffs

Personnel Management

• Conduct labor reviews of companies
• Assist employers in drafting and updating:
• Specific personnel policies
• Employee handbooks
• Personnel procedures manuals
• Job descriptions
• Employment contracts
• Independent contractor agreements
• Consulting agreements
• Non-compete agreements
• Agreements to protect intellectual property
• Specific personnel forms
• Settlement agreements with employees
• Severance agreements
• Provide opinion letters to clients on personnel policies and procedures
• Conduct in-house training for managers and supervisors
• Assist employers in developing comprehensive human resource management systems

Safety & Health

• Advise employers on OSHA obligations
• Represent employers in OSHA investigations and proceedings (investigation, hearing, appeal)
• Represent employers and workers’ compensation proceedings
• Assist employers in preparation of substance abuse programs

Immigration

• Advise employers on employment verification obligations
• Represent employers in INS investigations and court actions for violations of IRCA (including discrimination claims)

Proprietary Rights

• Advise employers on procedures for protecting their intellectual property and proprietary information from employees, former employees, and independent contractors
• Draft proprietary rights, confidentiality and non-compete agreements
• Represent employers in lawsuits to enforce confidentiality and non-compete agreements, and protect trade secrets

Workplace Privacy

• Advise employers on compliance with privacy laws (HIPAA, ADA, Job Reference Liability, Electronic Privacy Act, etc.)
• Assist employers in developing privacy procedures and policies
• Defend employers in invasion of privacy lawsuits

AHFI attorneys who focus in this area of practice are: