The Labor and Employment Law Practice Group at Evans & Dixon, L.L.C. helps employers to be proactive with their employee relations, and when necessary to manage employment related disputes effectively.

Drawing upon our experience advising and advocating on behalf of small and large employers and both public and private organizations, we offer cost-effective and proven solutions to achieve our client's objectives. At Evans & Dixon, L.L.C., we counsel and represent clients located primarily in Missouri and Illinois regarding federal, state, and local labor and employment laws. We have developed our expertise in labor and employment law working with clients in many industries, including construction, medical and healthcare, retail, services, and transportation.

Based on the needs of our clients, our Labor and Employment Law Practice group provides expertise in the following areas:

Litigation

• Defending employers and executives in federal and state courts in lawsuits alleging claims of any one or more of discrimination, sexual harassment, wage and hour law violations, breaches of fiduciary duty under the Employee Retirement Security Act, wrongful discharge, defamation, intentional infliction of emotional distress, assault, battery, tortious interference with business relations, breach of contract, whistle blowing, and retaliatory discharge.
• Representing employers or executives in lawsuits alleging any one or more of the breach of non-competition agreements, unfair competition, or the disclosure and use of trade secrets.

Counseling and Prevention

• Preparing and reviewing employment policies, handbooks, application forms, performance evaluation forms, offer letters, employment agreements, and other documents that affect the relationship between an employer and its employees.
• Developing and presenting training programs for managers and supervisors concerning legal trends, judicial developments, and statutory and regulatory compliance.
• Auditing employment related policies and procedures, classifications of employees for wage and hour law purposes, and independent contractor designations.
• Advising employers regarding union avoidance strategies, union organizing campaigns, collective bargaining, grievances and arbitrations, and both planning for and handling strikes, picketing, lockouts, and other economic tactics related to labor disputes.
• Counseling employers regarding labor and employment related issues that accompany mergers and acquisitions, mass layoffs, plant shutdowns, and business relocations.
• Developing workplace safety programs, auditing safety regulation compliance programs, and representing employers during Occupational Safety and Health Administration investigations.
• Advising employers regarding affirmative action program and plan design, compliance issues, representing employers during Office of Federal Contract Compliance Programs compliance reviews, and counseling clients regarding affirmative action and diversity best practices.
• Writing policies and counseling employers concerning leaves of absence, reasonable accommodation, and workers' compensation return to work issues.
• Preparing and reviewing employee drug testing policies, advising employers regarding "reasonable suspicion" determinations and the methodology by which employers implement "random" testing, counseling clients about the appropriate disciplinary actions for policy violations, and writing "last chance" agreements for employees that enter treatment programs to avoid the termination of employment.
• Assisting employers with day-to-day labor and employment law issues in the context of employee performance improvement plans, disciplinary actions for misconduct, job performance evaluations, and proper documentation.
• Negotiating and drafting non-competition agreements, non disclosure agreements, and agreements by which employees assign intellectual property rights.

Traditional Labor

• Representing employers before the National Labor Relations Board in proceedings regarding representation elections, decertification elections, and unfair labor practices.
• Advocating for employers in proceedings before the Occupational Safety and Health Review Commission alleging violations of the Occupational Safety and Health Act.
• Representing employers in Department of Labor investigations of minimum wage, overtime, and child labor law violations and litigation brought by the Department of Labor alleging violations of the Fair Labor Standards Act.
• Representing employers before state agencies regarding unemployment compensation benefits claims and alleged violations of state wage and hour laws.
• Advocating on behalf of employers in arbitration proceedings alleging violation of union contracts.