Employment law

SAKG’s Employment Litigation & Counseling group has successfully represented local, regional, national, and international companies in a wide variety of employment litigation matters.

We are nationally recognized for our ability to work closely with business owners, management and human resource professionals to identify, evaluate and minimize the legal risks associated with contemplated employment decisions prior to litigation. Our experience includes:

• Discrimination and harassment matters
• Wrongful termination and retaliation claims
• Wage and hour class and collective actions
• Employee classification issues (exempt/non-exempt, employee/independent contractor)
• ADA, FMLA, and employee leave issues
• Agency investigations and administrative hearing and review proceedings
• Severance agreements and end of employment counseling
• Reductions in force
• Handbook and policy review and formulation
• Employee and supervisor training
• Investigations and compliance audits
• Noncompetition and confidentiality agreements
• Trade secret, unfair competition actions, and other employment-related torts

We pride ourselves in staying on top of the confusing array of employment laws and regulations that impact employers on an everyday basis. Whether companies are contending with long-ago established employment laws or navigating regulations under newer laws, employers rely upon our advice to make the best decisions for their employees and companies.

• Obtained reversal of a roughly half-million-dollar award against a medical care staffing company.  The Department of Labor issued a determination finding violations of the H-1B program company-wide.  After we achieved reversal of portions of the determination through administrative hearings, the Eighth Circuit Court of Appeals reversed the remaining awards, finding that the Department overstepped its authority by initiating a company-wide investigation despite only finding reasonable cause to investigate one specific (and limited) issue for one employee.
• Achieved summary judgment in state court against employee on behalf of energy provider. The former employee alleged gender discrimination and retaliation, based on alleged statements that she was not a viable candidate because of her status as a single parent with small children and later termination.
• Served as lead counsel and obtained verdict for financial services company in jury trial against former agent for breach of contract.  The former employee raised a variety of legal and equitable arguments against enforcement of his agreement.
• Served as lead counsel for multiple employers in wage and hour lawsuits, both as collective actions and individual litigation, including obtaining summary judgment despite allegations of substantial overtime for off-the-clock work.
• Achieved summary judgment against employee on behalf of energy provider. The former employee alleged disability discrimination and retaliation under the ADA, as well as off-the-clock work.
• Represented sales company against former employee in violation of noncompete agreement. After an evidentiary hearing, obtained declaratory judgment, permanent injunction, and fees.
• Achieved summary judgment against employee on behalf of government contractor. The former employee alleged whistleblower retaliation for reporting false billing.
• Represented local company against state unemployment agency finding that counselors were employees rather than individual contractors. After a multi-day hearing, successfully convinced agency hearing officer to reverse the initial determination.
• Achieved summary judgment against employee on behalf of government contractor. The former employee alleged disability discrimination under the ADA based upon alleged mental disabilities.