Employment

Education Law

Durham Jones & Pinegar has substantial experience in education law. One of our of counsel attorneys, Richard Hill, serves as general counsel to Weber State University.

Employment and Labor Law

DJP provides local, regional, and national employers with a broad range of employment law services. The firm’s employment lawyers advise business clients on many types of employment-related issues. We are often called upon to draft employee handbooks, company policies and procedures, applications, employment contracts, and severance agreements. The firm presents training seminars on employment issues and conducts employment practice audits. The firm’s employment lawyers consult with employers regarding employee complaints, violations of company policy, and proposed disciplinary actions. We represent employers in employment-related administrative proceedings and federal and state court litigation.

The firm's employment lawyers have expertise in the following areas:

• ADA and Disability Accommodation - The Americans with Disabilities Act (the ADA) presents employers with difficult issues. Our employment lawyers have worked with employers to resolve these issues, provide guidance regarding their obligations under the ADA, defend claims of alleged violations of the ADA, and recommend how to avoid such claims.
• Dispute Resolution - Dispute resolution can be a valuable alternative to litigation. Mediating or arbitrating employment-related claims can reduce litigation costs, resolve claims more quickly, and maintain and improve relationships. The firm’s employment lawyers have vast experience in advising and representing clients in dispute resolution settings. Regardless of the setting of the dispute, our attorneys can help employers protect and advance their interests.
• ERISA Compliance for Health and Welfare Plans - The Employee Retirement Income Security Act (ERISA) imposes many obligations on non-pension fringe benefit plans, including detailed disclosure to covered individuals, detailed reporting to the government, and a strict fiduciary code of conduct on many employers who sponsor and administer ERISA plans. The firm’s employment lawyers are able to assist you in understanding how ERISA affects you and your employees and how to administer those fringe benefits in-house. We can assist you in ensuring that your Health and Welfare Plans are ERISA compliant by drafting Plan Documents, Summary Plan Descriptions, and by consulting with you regarding the Annual Form 5500 Reporting.
• Immigration - The firm’s employment lawyers regularly assist United States companies recruiting foreign personnel in obtaining appropriate visas. The firm has successfully represented a variety of companies and individuals in securing temporary employment authorization pursuant to L-1, H-1B, and E-1/E-2 visas and has assisted companies and individuals to obtain permanent resident visas based upon employment. Our lawyers also handle matters before the Immigration and Naturalization Service.
• Litigation - The firm’s employment lawyers represent employers before state and federal trial and appellate courts and administrative agencies in lawsuits and proceedings involving employment-related claims. We have successfully defended and prosecuted a variety of employment cases for employers.
• Non-Competition and Confidentiality - The firm’s employment lawyers represent employers seeking to enforce non-competition covenants and confidentiality agreements. Our employment lawyers have vast experience obtaining restraining orders, injunctions, and other relief against former employees using confidential client lists, trade secrets, and other privileged information.
• Preventive Counseling - The firm’s employment lawyers work closely with employers to address employment issues before they become problems. We advise employers regarding proper pre-employment interviews and inquiries, hiring, supervision, layoffs, discipline, terminations, family and medical leaves, employee benefits, compensation, handbooks, policies, contracts, training, and complaint investigations. We often provide employers with training for managers, supervisors, employees, and human resource professionals on employment-related topics.
• Privacy and HIPAA - The firm’s employment lawyers advise employers about the Health Insurance Portability and Accountability Act (HIPAA) and other privacy laws. We can assist employers in developing and implementing privacy policies to prevent complaints and lawsuits based on privacy laws and regulations.
• Reductions in Force - The firm advises employers about reductions in force and layoffs. We counsel employers about compliance with the Work Adjustment and Retraining Notification (WARN) Act and the Consolidated Omnibus Budget Reconciliation Act (COBRA).
• Sexual and Other Harassment Claims - The firm’s employment lawyers have successfully defended employers against sexual and other harassment claims in courts and administrative proceedings. We also work with employers to develop policies and procedures to prevent harassment from occurring in the workplace and to take appropriate action if a charge or complaint is received. We provide training, investigations, and advice regarding policies and procedures employers must adopt to protect themselves.
• Wage and Hour Guidance - The firm’s employment lawyers advise employers on issues related to the Fair Labor Standards Act, including designation of exempt and non-exempt employees, payment of overtime, appropriate record keeping, and creating policies and procedures to avoid claims. We also assist employers with Department of Labor audits and claims for overtime pay.
• Workplace Discrimination and Unlawful Retaliation - The firm’s employment lawyers help employers defend and avoid discrimination and unlawful retaliation claims. We represent employers in lawsuits alleging claims of discrimination based on race, color, religion, sex (including pregnancy), age, national origin, and disability, as well as claims of unlawful retaliation. We also advise employers how to avoid such claims by implementing appropriate policies, training their employees, and creating dispute resolution procedures.
• Wrongful Discharge Claims - The firm’s employment lawyers help employers defend wrongful termination claims based on implied and express contracts, statutory provisions, and “public policy,” as well as claims for negligent hiring, training, supervision, and retention.
• Unemployment Compensation Claims - The firm’s employment lawyers advise employers on unemployment compensation issues and defend employers against improperly filed unemployment compensation claims.
• Workplace Safety Issues - The firm’s employment lawyers advise employers regarding workers compensation, OSHA, and other workplace safety issues, and defend against workers compensation and OSHA claims.