Genova Burns Giantomasi Webster LLC is among the region's few mid-sized firms that specialize in all aspects of Labor Law exclusively on behalf of management. Our Labor Law Practice Group represents employers in a wide range of industries, including manufacturing, financial and other services, consumer sales, energy, hospitals and health care, construction, transportation, hotels, restaurants and schools, education, other non-profits, and the businesses that service them. Our expertise includes union-free strategies, labor and management relations, public sector labor law, wage and hour compliance and dispute resolution, prevailing wage requirements, workplace safety and health (OSHA), immigration law, employee benefits and executive compensation and OFCCP compliance, among others.Union-Free and Unionized Workplaces. Our attorneys handle all legal aspects of management's relations with its employees, whether union-represented or not, including:
We also provide counseling on plant relocations and closings, force reductions, WARN Act compliance, successorship and joint employer issues, and double-breasting issues. We also assist clients on labor law matters arising from business transactions such as mergers and acquisitions, consolidations, spin-offs, joint ventures and subcontracting.
Wage and Hour Dispute Resolution, Claims and Litigation. Our Labor Law Group assists business and not-for-profit clients in identifying and addressing risky pay practices before they become claims. See Wage and Hour Compliance Group. In the event of claims, we:
Office of Federal Contract Compliance Programs (OFCCP) Enforcement. The Practice Group helps clients prepare for an Office of Federal Contract Compliance Programs (OFCCP) or state agency audit and compliance with federal state, and municipal hiring, retention, and sub-contracting requirements. Specifically we:
Employee Benefits and Executive Compensation. Our Employee Benefits Practice Area counsels clients on issues arising under ERISA, the Internal Revenue Code and federal and state laws affecting retirement, health and welfare benefit plans and programs and executive compensation arrangements, and represents them in court and before the Department of Labor and the IRS. Specifically, our Employment Benefits attorneys:
OSHA. Our OSHA Practice attorneys handle all matters arising under the Occupational Safety and Health Act ("OSHA"), the federal law that governs workplace safety and health. An inspection of the employer's worksite by an OSHA compliance officer seeking to enforce OSHA's safety and health standards can occur for any of a number of reasons, including in response to a workplace accident or injury or because the employer's industry is being target by OSHA. The resulting investigation can lead to significant economic consequences for the employer, including issuance of OSHA Citations with significant monetary penalties. The OSHA Practice Group provides legal counsel to employers seeking to manage, minimize or eliminate liability under OSHA in many important ways, including:
Representation of Employers in OSHA Enforcement Actions: When an employer is faced with an inspection by an OSHA compliance officer or is issued a Citation, the OSHA Practice Group assists by:
OSHA "Whistleblower" Claims: The attorneys in the OSHA Practice Group are experienced Labor and Employment Law attorneys who have counseled employers in the avoidance of OSHA "Whistleblower" claims and defended employers against Whistleblower claims at the administrative level and in court. Our experienced OSHA attorneys will work to resolve Whistleblower claims quickly and in a cost-effective manner.
Employment Law Counseling. Labor Law and Employment Law overlap extensively. Accordingly, the Labor Law Practice Group also advises clients on all aspects of the employment relationship. Our goal is to enable our clients to maintain control over human resource policy and decisions. We counsel employers on issues such as:
For related firm expertise, please visit: Employment Law & Litigation Practice Group; Human Resource and Labor Law Training, Audit and Compliance Services.
Public Sector Labor Law. Our attorneys handle all aspects of Labor Law on behalf of public entities, including innumerable counties, cities, towns, school districts and public agencies throughout the States of New Jersey and New York. Our representation consists of all aspects of collective negotiations with public sector unions, including:
In addition, our attorneys appear on behalf of public employers before the N.J. Public Employment Relations Commission (PERC) to respond to representation petitions and unfair practice charges. We also represent public entities before the N.Y. Public Employment Relations Board. Our attorneys provide preventive law counseling to our public sector clients on personnel issues, disciplinary strategies and other day-to-day employee issues. We have represented employers in a wide variety of matters before the Civil Service Commission, including disciplinary proceedings, personnel issues, layoffs, and furloughs. We also counsel clients on shared services agreements.
In addition to our public sector clients, we serve as labor counsel to the New Jersey League of Municipalities and the New Jersey Association of Counties. Our group is well-positioned to handle all the needs of our public sector and not-for-profit clients.
Charter Schools, Public Schools and Public and Private Colleges and Universities. The firm's Labor Law Practice Group advises NY and NJ Charter Schools, Public Schools and public and private colleges and universities on all labor law issues. This includes providing schools with:
We also represent the schools in all matters before the NY Public Employment Relations Board and the NJ Public Employment Relations Commission or NLRB. Our firm has negotiated the only known NJEA compensation system which contains a merit based salary component for one of our charter school clients. We also assist schools with tenure charges, employee discipline and any other personnel issues that may arise.
Immigration Law Practice Group. Our attorneys understand that the business of an increasing number of our clients is global in scope. Our immigration law attorneys assist clients in obtaining the international workforce they need to grow their businesses in the U.S., as well as prepare applications for visas, permanent residence and naturalization for our clients' executives, managers and their family members. Our immigration law expertise includes:
Administrative Agencies. We practice before all federal, state and municipal administrative agencies that enforce labor, minimum wage, overtime, unemployment, workplace safety, and prevailing wage laws, including the NLRB, the National Mediation Board, the Occupational Safety and Health Administration, and Federal and State Departments of Labor (including wage and hour and Prevailing Wage Act matters).
James J. McGovern, III, Esq.