Labor & Employment

MCBB’s labor and employment practice is consistently recognized as one of the best and most respected in the State. Our attorneys are trusted by some of the region’s largest and most well-known employers. We provide legal representation and counsel to employers of every size and complexity, and from a diverse range of industries. Whether you are a local startup with ten employees or a national company with 10,000 employees, MCBB has the knowledge, experience and capability to successfully guide your company through any labor and employment law issue or dispute in an efficient and cost-effective manner.

To speak with an attorney in our Labor & Employment Litigation practice area, please contact laborandemployment@mc2b.com.

EMPLOYMENT LITIGATION AND DISPUTE RESOLUTION

MCBB’s attorneys are trial lawyers with a successful track record in jury trials, bench trials, and administrative hearings.  Our litigation experience reaches all aspects of labor and employment-related litigation, including all categories of prohibited discrimination, sexual harassment, wage and hour issues, employee privacy, wrongful termination, employment-related tort claims, noncompetition agreements, trade secrets, and misappropriation of proprietary information. MCBB also has extensive experience in defending class action employment claims.  We have successfully represented companies in defending and prosecuting employment-related claims in state and federal courts in Utah and across the U.S.  When courtroom litigation is not in our clients’ best interests, we are experienced in pursuing alternative dispute resolution strategies, including arbitration and mediation.

ADMINISTRATIVE CHARGES AND PROCEEDINGS (EEOC, USDOL, UALD, OSHA, ETC.)

MCBB regularly represents employers in matters before state and federal administrative agencies such as the Utah Labor Commission and all of its divisions, the Equal Employment Opportunity Commission, and the U.S. Department of Labor.  We have experience with the unique procedural and legal issues involved in agency charges and proceedings.  MCBB has dealt with governmental agencies in a variety of matters, both simple and complex.  Oftentimes, the first legal claim asserted by a current or former employee is in the form of an administrative charge.  If your company has been served with an administrative charge, we can quickly and efficiently staff the matter with experienced attorneys and work to immediately implement a strategy for a successful and cost-effective resolution.

NON-COMPETE, NON-SOLICITATIONS AND CONFIDENTIALITY AGREEMENTS, AND TRADE SECRETS

We have substantial experience in business disputes and litigation involving non-compete, non-solicitation, and confidentiality or nondisclosure agreements.  MCBB attorneys have successfully represented companies seeking to prosecute such claims against ex-employees and their new employers, as well as companies seeking to defend against such claims when they hire a new key employee.  Our experience in this area includes prosecuting and defending claims seeking temporary restraining orders and preliminary injunctions.  MCBB also assists companies in drafting employment agreements, and providing advice and consultation on how to strengthen and interpret existing employment agreements.

HANDBOOKS, COMPANY POLICIES, AND COMPLIANCE

MCBB works with employers of all sizes in drafting, implementing, reviewing and improving company policies, manuals, and handbooks.  We also assist companies in conducting compliance audits to ensure that company policies meet the latest federal and state employment laws and regulations.  Our services range from review of particular policies to creation of a comprehensive policy handbook or system that is tailored to the unique needs of your company and employees.

HR AND MANAGEMENT TRAINING

MCBB provides employment law counseling, training and consultation to some of the Intermountain region’s most noteworthy employers.  Our firm has an extensive library of seminar training materials focused on delivering practical information to HR managers, in-house legal counsel and supervisors in dealing with employment-related issues.  Training topics cover virtually every area of the employer/employee relationship and are practically designed to help HR personnel and in-house counsel understand the law and manage the most difficult and heavily-regulated areas of employment law.  MCBB’s attorneys keep abreast of the latest developments in labor and employment law, and they are regularly called upon to present to HR managers and other attorneys on these legal developments.

EXECUTIVE AGREEMENTS AND MATTERS

MCBB advises companies, officers and directors in a wide-range of executive matters, including employment agreements, compensation and benefits agreements, and termination agreements.  We have experience in drafting, reviewing, negotiating and litigating all types of agreements with company executives.

EMPLOYEE BENEFITS AND ERISA

MCBB assists employers in connection with employee-benefit compliance matters such as the FMLA, COBRA and ERISA. MCBB has an outstanding litigation record in defending employers in disputes related to such matters.

CONSULTING AND COUNSELING ON ALL AREAS OF FEDERAL AND STATE EMPLOYMENT LAW

In addition to the areas described above, MCBB’s labor and employment expertise and capabilities include:

  • Collective bargaining agreements

  • Disability law compliance

  • Discrimination and civil rights claims (all forms and categories)

  • Drug and alcohol testing / policies

  • Fair Labor Standards Act (FLSA)

  • Family Medical Leave Act (FMLA)

  • Genetic Information Nondiscrimination Act

  • Harassment and hostile work-environment claims

  • Labor-management relations / unions

  • National Labor Relations Board representation

  • OSHA and workplace safety

  • Privacy, HIPAA and data security in the workplace

  • Reductions-in-force

  • Retaliation claims

  • Unemployment claims and benefits

  • Wage-and-hour issues

  • Whistleblower claims

  • Workers’ compensation

  • Wrongful termination / constructive discharge

NON-TRADITIONAL FEE ARRANGEMENTS

MCBB clients may benefit from our flat-fee consultation arrangements which allow unlimited access for consultations with MCBB attorneys regarding employment law issues for a reasonable fixed annual fee.  This eliminates time-based billing.