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:

• delivering positive employee relations training to managers and supervisors;
• representing and advising management during union organizational campaigns and representation elections;
• bargaining labor contracts. We have vast experience representing management in contract bargaining for single employers, as well as experience bargaining project labor agreements for our construction industry clients;
• consulting and advising regarding labor contract administration;
• representing management in grievances and arbitrations;
• representing employers before the National Labor Relations Board and the National Mediation Board;
• planning for strikes and picketing and executing management's operating strategy; and
• protecting our clients from damaging and unlawful strikes and picketing by obtaining state court injunctions to halt or limit the unlawful activity.

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:

• represent clients before the U.S. and state Departments of Labor and in federal and state court litigation, including collective and class actions,
• defend companies in wage and hour collective and class actions, through opposing class certification and pursuing early case resolution to minimize damage exposure, and
• defend employers in single plaintiff litigation.

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:

• assist clients with updating affirmative action plans,
• test client applicant flow data,
• review client compensation policies and practices, and
• expertly negotiate resolution of claims thereby avoiding litigation and debarment proceedings.

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:

• Assist clients with the design, administration and termination of qualified and non-qualified benefit plans including:
  • drafting, amending, and submitting the plans to the Internal Revenue Service for a favorable determination,
  • drafting participant communications,
  • coordinating compliance with annual reporting and disclosure requirements,
  • counseling regarding the benefit plan implications of a business sale, purchase, or closure,
  • providing advice regarding health and welfare benefit plan design and compliance issues, including compliance with the Patient Protection and Affordable Care Act (PPACA), COBRA and HIPAA,
  • assisting plan administrators regarding proper administration of plans including correction of non-compliant plan practices, review of delinquent 401(k) plan loans, enforcement of spousal/survivor rights under ERISA, and approval of QDRO's.
• Negotiate structured settlements on behalf of employers in connection with U.S. Department of Labor EBSA compliance audits targeting 401(k) plans.
• Represent management, benefit plans and plan fiduciaries (including employer trustees) in disputed claims and litigation, which can include:
  • seeking plan benefits or alleging breach of fiduciary duty,
  • advising and representing employers facing claims of pension withdrawal liability and claims under the Multiemployer Pension Plan Amendment Act and the Taft-Hartley Act.
  • advising our clients regarding executive compensation issues to better position our clients in attracting and retaining high caliber executives for their leadership teams,
  • assisting employers in structuring non-qualified deferred compensation plans compliant with Sections 409A and 457(f) of the Internal Revenue Code.

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:

• Proactive Approach to OSHA Compliance: Our OSHA attorneys' philosophy is that the best way to minimize the costs associated with workplace injuries, illnesses, and workplace violence, as well as the significant penalties associated with OSHA Citations, is to take a proactive approach to workplace safety and health issues. We regularly assist clients in this regard by:
• Evaluating existing health and safety policies and practices and recommending effective solutions that should be taken to manage legal risks;
• Providing training to Managers and Supervisors on OSHA compliance techniques;
• Assisting employers in conducting a workplace safety analysis to determine potential liability and recommending ways to reduce legal risks;
• Counseling employers in compliance with OSHA's recordkeeping standards;
• Establishing protocol for how the employer will handle an inspection conducted by an OSHA compliance officer;
• Establishing policies and procedures relating to workplace violence;
• Understanding industry-specific compliance requirements that exist under state-established OSHA plans in New Jersey and New York.

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:

• Advising the employer during an on-site inspection by the OSHA compliance officer and throughout the multiple stages of the investigation, with the goal of avoiding Citations and penalties;
• Analyzing and explaining to the employer the meaning of a Citation and formulating a comprehensive strategy to defend against the Citation;
• Representing the employer at the informal conference before the OSHA Area Director after a Citation has been issued and negotiating settlements and reduced penalties;
• Assisting the employer with abatement obligations mandated by OSHA;
• Contesting OSHA Citations and defending the employer in the resulting hearing before an Administrative Law Judge.

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:

• workforce reductions,
• discipline and performance issues,
• employee handbooks,
• Fair Labor Standards Act and state wage and hour laws,
• leave issues arising under the Family and Medical Leave Act,
• Americans with Disabilities Act and state and federal discrimination laws.

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:

• filing and defending scope of negotiations proceedings,
• mediation,
• fact-finding and
• in the case of law enforcement units, interest arbitration.

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:

• union-free workplace training,
• guidance through election campaigns, and
• representation in collective negotiations, mediation, fact-finding, and grievance arbitration.

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:

• I-9 Process Compliance: we counsel businesses on compliance with federal employment eligibility requirements and provide training and perform audits to avoid expensive penalties.
• E-Verify Program: we work with clients to determine their eligibility or duty to use the E-Verify program.
• Immigration-Related Discrimination: we review hiring policies and procedures to ensure compliance with federal and state anti-discrimination laws.
• Non-Immigrant and Permanent Residence Visa Applications and Renewals: we advise clients regarding the changing requirements for immigrant and non-immigrant visas and assist in filing and prosecuting visa applications. In particular, we assist foreign investors with applications for the EB-5 investor visa, and provide guidance and oversight on eligible investment projects to ensure that all visa requirements are met.
• Visa Compliance Audits: We assist employers, and indirectly their employees, in navigating the labyrinth of the U.S. visa requirements to ensure ongoing compliance.
• Naturalization: we prepare and submit applications on behalf of our clients and their executives or managers who seek U.S. citizenship.

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.
Director of Labor Law Practice Group