Attorneys in Foster Swift's Employer Services Practice Group thrive on helping private and public sector employers adhere to the myriad of federal and state tax laws, employment laws and regulations. This broad area of the law is regularly categorized into: Employment and Labor Relations Law, Employment Litigation, Employee Benefits and Workers' Compensation.
Employment and Labor Relations
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
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. Click here for more information.
Foster Swift's employee benefits practice offers a full range of tax, labor law, and litigation services relating to employee benefit plans. We advise clients that are subject to ERISA, as well as clients such as state and local governments and qualifying church organizations that are exempt from ERISA. We provide advice to employers regarding the corporate governance and fiduciary duty aspects of implementing and administering an employee benefit plan. And, we have expertise in the growing area of international employee benefit planning, including the taxation of employee benefit plans pursuant to tax treaties.
Our work covers all kinds of qualified retirement plans. We also have an extensive practice relating to nonqualified top hat plans, excess benefit plans, Internal Revenue Code Section 409A compliance, funded nonqualified deferred compensation and rabbi trust issues, and the securities law (SEC and blue sky) implications of nonqualified deferred compensation arrangements. Click here for more information.
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:
- 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.
- Focus. Each is recognized as a master in several related sub-areas of the larger practice area.
- 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.
- 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.
- 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.
Foster Swift has been named a Tier 1 firm in Labor Law - Management in Detroit by U.S. News – Best Lawyers® "Best Law Firms" 2016. 2017, 2018, 2019 and 2020.
Recent Blog Posts
- New Safe Harbor Announced for Electronic Disclosures Required by ERISA
- A Guide to the Employee Retention Tax Credit: An Alternative to the PPP
- Fiduciary Rule: More Changes Being Considered
- Benefit Plans Established by Church Affiliates Are Exempt From ERISA
- Border Searches May Compromise the Privacy and Security of Company Technology
- Unpaid Internships Give Rise to Government Enforcement and Class Actions Against Employers
- Uber Pays $100 Million to Settle “Employee or Independent Contractor?” Class Action Case
- Employee or Independent Contractor? Uber Wages Battles to Answer Critical Question for On-Demand Economy Companies and Their Workers
- Remedying Past Employee/Independent Contract Misclassification Through IRS’s Voluntary Settlement Program
- Communications – Important in planning and in the workplace
Publications & Alerts
- IRS Announces 2021 Cost-of-Living Adjustments for Retirement Plans and for Health and Welfare Benefit Plans, Foster Swift Business & Tax Law E-blast, October 27, 2020
- Governor Whitmer Signs Extension of Unemployment Benefits into Law and Other COVID-19-Related Legislation, Foster Swift Labor & Employment Law News E-blast, October 23, 2020
- MDHHS Director Updates and Expands Emergency Order, Foster Swift Legal Update E-blast, October 9, 2020
- How Do Recent Michigan Supreme Court and MDHHS Orders Regarding COVID-19 Impact Employers?, Foster Swift Legal Update E-blast, October 6, 2020
- Michigan Supreme Court Upends Governor Whitmer's Authority to Issue Executive Orders, Foster Swift Eblast & Coronavirus Resource Page, October 2, 2020
- Executive Order 2020-183: Increased Gathering Sizes and Places of Public Accommodation to Open Soon, Foster Swift Legal Update E-blast, September 28, 2020
- Employer Guidance for a Lawful and Safe Re-Opening, Foster Swift, May 27, 2020
- 2019 Comprehensive Guide to Employment Law, National Business Institute (NBI, November 13, 2019
- Your Employee is Hurt, but is it FMLA, ADA or Workers Comp?, Michigan Chamber of Commerce, March 7, 2019
- No, that Employee is NOT an Independent Contractor, Michigan Chamber of Commerce, January 31, 2019
- Why Worry About Unions Under the Trump Administration?, American Society of Employers (ASE), August 9, 2018
- Hiring, Investigating and Discipline/Discharge in the Law, Foster Swift: Developing Labor Law Update, May 9, 2018
- Employment and labor laws that can affect the dairy industry, Great Lakes Regional Dairy Conference (GLRDC), February 8, 2018
- Workers' Compensation Issues in the Media, Business Insurance and Work Comp Central, October 9, 2020
- Legal Requirements For Employer Benefit Plans, Michigan Business Network, September 29, 2020
- Johnson Presents on ESOPS as a Succession Strategy, September 22, 2020
- Birach Voted into SBM Section, June 22, 2020
- Workers’ Comp Defense Blog Provides Michigan Case and Legislative Updates, April 13, 2020
- Minimizing Legal Impact of Coronavirus for your Organization, Foster Swift Legal Update E-blast, March 17, 2020
- Sanders Named to 2020 “Leaders in the Law", February 24, 2020