Print PDF
Practice Contact(s)
Attorneys
Related Practices

Employment, Labor & Benefits

Attorneys in Foster Swift's Employment, Labor and Benefits Practice Group thrive on helping private and public sector employers adhere to the myriad of federal and state tax laws, employment laws and regulations. 

Clients will tell you it’s the combination of the following five qualities that set the Employment Labor and Benefits lawyers apart from their peers:

  1. Proactive. Everyone in this practice area has a proactive mindset.  While capable of stepping in at any stage of an issue, the greatest benefit to our clients is when we can engage in preventive planning and implementation. 
  2. Focus.  Each is recognized as a master in several related sub-areas of the larger practice area.
  3. Teamwork.  Excellent work does not happen in a vacuum.  Foster Swift attorneys find that working together with the employer to plan, identify challenges and opportunities and take appropriate action is the optimal approach.
  4. Service.  Our attorneys are accessible and timely.  Furthermore, we are committed to keeping you abreast of changes in the laws and regulations; we do so through complimentary newsletters, e-blasts, seminars and webinars.
  5. Talent. This group is comprised of attorneys highly regarded for their skills and experience in employment, labor and benefits law not just in Michigan but throughout the Midwest.  Each shareholder in the group has been recognized by a peer review organization.  Several have been selected as Best Lawyers, rated by Martindale-Hubbell, and named Michigan Super Lawyers.

The above recipe has resulted in our attorneys providing hundreds of clients from every industry top-quality, effective and cost-effective employment, labor and benefits counsel. 

Employment and Labor

As mentioned above, attorneys in this practice group take a proactive approach in advising you and your business whenever possible. Preventive action and early identification of work-place problems allows us the benefit of working with our clients to develop practical and creative solutions—before problems give rise to expensive and time-consuming litigation. In fact, working with employers to negotiate sound contracts or develop and implement clear and pragmatic employment policies is a significant part of our practice.

Our expertise in the myriad of federal and state laws that regulate the relationship between employer and employee has prompted many employers to enlist our assistance in meeting the challenges presented by such laws as:

  • The National Labor Relations Act and other laws regulating the collective bargaining relationship
  • Title VII, Age Discrimination in Employment Act, Michigan’s Elliott-Larsen Civil Rights Act, and other employment discrimination laws
  • The Americans with Disabilities Act, Michigan’s Persons with Disabilities Civil Rights Act, and other disability discrimination laws
  • The Family and Medical Leave Act and other leave laws 
  • The Fair Labor Standards Act, Michigan’s Payment of Wages and Fringe Benefits Act, and other wage and hour laws
  • Michigan’s Occupational Safety and Health Act and other workplace safety laws

Few firms, if any, have our depth of knowledge of the National Labor Relations Act as two of our of attorneys are former attorneys with the National Labor Relations Board (NLRB). 

As an employer, you face new challenges every day. Part of our commitment to you is making ourselves readily available when you need us on the broad range of issues that may call for prompt action including:

  • Recruitment and hiring
  • Collective bargaining and contract interpretation
  • Grievance administration and arbitration
  • Discipline and discharge
  • Individual employment contracts
  • Wage and hour claims, including overtime issues
  • Leaves of absence
  • Unemployment compensation
  • Workplace safety and health
  • Trade secret and non-compete contracts
  • Unfair labor practice charges

Employment Litigation

When allowed the opportunity to plan, we strive to prevent costly litigation.  That said, we also stand ready to defend you if claims arise or if we are retained late in the game. Over the years, our Labor & Employment Law attorneys have represented employers in discrimination, wrongful discharge, and other employment disputes before state and federal courts and administrative agencies, as well as in arbitration, mediation, and other alternative dispute resolution systems. Our breadth of experience and skill in tackling the most complex labor relations issues will become your asset, should litigation become a reality.

Employee Benefits

Our wealth of experience in employee benefits law allows us to take a proactive approach in protecting you and/ or your business. We work with hundreds of employers throughout the Midwest, and handle all aspects of the multitude of legal and tax issues concerning employee benefits, including:

  • Qualified retirement plans
  • Non-qualified retirement plans
  • Cafeteria plans
  • Section 403(b) and (c) annuity programs
  • COBRA compliance and other insurance issues
  • VEBAs
  • Health and other welfare benefit plans
  • Benefits litigation (representing employers) and other employee benefit matters
Qualified Retirement

We remain at your service well into retirement, where we work with all types of qualified retirement plans, such as:

  • Profit sharing
  • Stock bonus
  • ESOPs
  • Defined benefit
  • Money purchase pension
  • Target benefit
  • Age-weighted
  • Cash balance
Non-Qualified Retirement

Our non-qualified retirement plan practice includes:

  • Non-qualified deferred compensation-403(b) annuity programs
  • Section 409(a) Non-qualified deferred compensation plans
  • Tax exempt and government plans qualified under Code §457
  • Non-qualified plans that meet the requirements of Code §451, whether top-hat, excess benefit, or other unfunded arrangements.

Retirement programs range in size from small family business plans to programs covering 25,000 participants. The assets of those plans range from under $100,000 to more than $600,000,000.

Over the years, clients have been as varied as the challenges they’ve faced. When it comes time to meet your own unique challenges, you will be comforted to know that the members of our Employee Benefits Practice Group are on your team, drawing upon our breadth of experience and skill to assist you in reaching your goals.

Representative Experience

News