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Capabilities / Labor & Employment

Labor & Employment

Guiding you through labor and employment law issues.

Employers face unprecedented workplace regulation and risk. Managing employees has become more difficult, and the potential consequences of mismanagement—or even perceived mismanagement—have become more dire. С»ÆÑ¼ÊÓÆµ takes a service-first approach to assisting employers. Our labor and employment law team partners with clients to minimize risk and to aggressively solve labor and employment issues, whether through program development, day-to-day counseling, or labor dispute resolution. And when trial is your best option, we are your fiercest advocates.

The attorneys on our labor and employment law team are entrepreneurial and innovative in their approaches, and aggressive and bold in their strategies. We are comfortable in front of juries, and from the moment we are engaged, we prepare cases as if they will be tried before juries. We may not, but we will always be prepared.

Preventative/Counseling

Identifying and eliminating potential risks can help avert legal troubles. Our labor and employment law team counsels employers locally, regionally and nationally on state-of-the-art policy development and implementation and best practices in managing employees. Additionally, we advise on:

  • Affirmative action programs
  • Employment Eligibility Verification (I-9) investigations
  • Collective bargaining agreements
  • Employee misconduct and whistleblower activity
  • Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA)
  • Compliance audits
  • Employee handbooks, policies, and practices
  • Leave laws including Family and Medical Leave Act (FMLA)
  • Americans with Disabilities Act (ADA)
  • National Labor Relations Act (NLRA)/National Labor Relations Board (NLRB)
  • Workers' compensation

Litigation

Employment practices often support business models and strategic plans. We have the experience and skills to protect these practices and steer you through the litigation process. Our national litigation work includes:

  • Class and collective actions, including wage and hour
  • Defense of employment discrimination, harassment, and retaliation claims
  • Defense of OSHA/MSHA citations, with a rapid response capability for fatalities and catastrophic accidents
  • Enforcement and defense of restrictive covenants
  • Trade secret and other confidential information protection
Case Study
Conagra Brands

Our team clarified important points of law regarding CBAs in this class action suit. 

Representative Experience

  • Obtained defense verdict on behalf of The Kansas City Southern Railway Co. in a week-long jury trial in St. Louis County, Missouri wherein an employee alleged that KCSR had violated the Federal Employers’ Liability Act, Federal Safety Appliance Act and the Locomotive Inspection Act.
  • Negotiated with OSHA on behalf of a medium-sized medical practice, successfully achieving the elimination of six citations and a penalty reduction of 80%.
  • Obtained dismissal of a whistleblower complaint filed with OSHA against a client in the cable television sector. The whistleblower accused our client of failing to provide him with certain safety equipment and of retaliating with wrongful termination.
  • Won summary judgment regarding two different union elections in two different cases, halting the unionization efforts at a major home healthcare provider. Because of this litigation success, attempts to unionize the client’s workforce were prevented.
  • Defended ConAgra Foods in a class and collective action filed by supervisors seeking overtime compensation alleging they were misclassified as "exempt" under state and federal wage and hour laws. The Eighth Circuit Court of Appeals affirmed summary judgment for ConAgra and found that the supervisors satisfied all tests for the "executive" exemption under the Fair Labor Standards Act (FLSA) and state law. The court also ruled on an issue of first impression and agreed that the plaintiffs were liable to ConAgra for its litigation costs.
  • Represented ConAgra Foods in a collective action filed by its employees seeking compensation for time spent dressing and undressing before and after their shifts, and walking to their work stations around those dressing activities. The Eighth Circuit Court of Appeals ruled that ConAgra Foods did not violate the Fair Labor Standards Act. Deciding a novel issue of law in the Eighth Circuit, the court agreed that employees need not be paid to walk to or from their work stations when management and the labor union had agreed employees would not be paid for adjacent dressing time.
  • Defended Missouri-American Water Co. against 26 unfair labor practice charges filed by a union with the National Labor Relations Board. Won 24 of the charges and settled two, with settlements that required the posting of a notice, with no monetary outlay and no finding or admission of liability.
  • Represented client in lawsuit alleging violations of Fair Labor Standards Act (as well as the Colorado Wage Act and Colorado Minimum Wage Order Number 31) for unpaid overtime wages, penalties, and fees.
  • Represented manufacturing company in connection with a multi-year audit of compensation practices by the U.S. Department of Labor, alleging exposure for unpaid time in the range of several million dollars. The С»ÆÑ¼ÊÓÆµ team successfully persuaded the DoL to conclude its investigation without any finding or assessment of penalty.
  • Represented university in a novel employment discrimination matter pending before the Wisconsin Equal Rights Division. Following intensive discovery and a multi-day evidentiary hearing, the С»ÆÑ¼ÊÓÆµ team prevailed with a full dismissal for the client.
  • Successfully defended energy company in a workplace discrimination lawsuit filed by a former employee who claimed age discrimination, gender discrimination, associational race discrimination, and retaliation.
  • Assisted and counselled client through a reduction in force involving approximately 10% of its workforce in the spring of 2020.
  • Led the defense of a class and collective action where plaintiffs claimed unpaid overtime with alleged damages in the seven figures.
  • Represented Suddenlink in a collective action filed by a group of call center employees who alleged they were not paid for periods of time spent prior to clocking in (booting up computers and other work activities).
  • Served as labor & employment counsel for a crop improvement company as the growing AgTech firm went public via a SPAC.
Blog | June 13, 2025
Blog | June 11, 2025
Blog | June 02, 2025
Blog | May 20, 2025
Blog | May 13, 2025
Blog | May 07, 2025
Blog | April 21, 2025
Articles | April 09, 2025
Blog | April 07, 2025
Articles | April 03, 2025
Blog | March 31, 2025
Blog | March 04, 2025
Articles | February 24, 2025
Blog | February 20, 2025
Blog | February 19, 2025
Articles | February 14, 2025
Blog | February 03, 2025
Blog | January 29, 2025
Articles | January 24, 2025
ICE at the Worksite: What Should Employers Do
Blog | January 24, 2025
Legal Updates | January 22, 2025
Paid Sick Leave for Nebraskans Required in 2025
Blog | January 22, 2025
Blog | January 21, 2025
Articles | Winter 2024
Blog | January 03, 2025
Articles | January 02, 2025
Articles | December 10, 2024
Blog | November 25, 2024
Blog | November 21, 2024
Blog | November 21, 2024
Blog | November 18, 2024
Articles | October 31, 2024
Legal Insights for Manufacturing: Labor & Employment

Employment-related issues continue to rate among the greatest concerns for manufacturers, who are under pressure to maintain high-functioning workforces while complying with an ever-larger body of law that regulates the workplace.

Blog | October 30, 2024
White Papers | October 24, 2024
Legal Insights for Manufacturing: Outlook for 2025

Intensifying geopolitical crises, increasing regulatory burdens, and uncertain macroeconomic conditions have led to an era of caution for manufacturers.

Articles | October 10, 2024
Blog | October 08, 2024
Articles | September 26, 2024
Blog | September 06, 2024
Blog | September 05, 2024
Blog | August 21, 2024
Blog | August 21, 2024
Blog | August 19, 2024
Blog | August 14, 2024
Articles | August 10, 2024
Articles | August 08, 2024
Legal Updates | August 07, 2024
Colorado's New Employment Laws: What to Know
Articles | August 06, 2024
Blog | August 05, 2024
Articles | August 02, 2024
Blog | July 26, 2024
Blog | July 24, 2024
Articles | July 03, 2024
Blog | July 02, 2024
Articles | June 2024
Articles | May/June 2024
Blog | June 25, 2024
Blog | June 24, 2024
Legal Updates | June 20, 2024
California Workplace Violence Prevention Plan
Blog | June 18, 2024
Blog | June 17, 2024
Articles | June 12, 2024
Blog | June 10, 2024
Articles | June 07, 2024
Blog | June 07, 2024
Articles | June 06, 2024
Blog | June 04, 2024
Blog | May 14, 2024
Legal Updates | May 10, 2024
EEOC Finalizes Workplace Harassment Guidance
Blog | May 02, 2024
Blog | April 30, 2024
Blog | April 30, 2024
Articles | May 2024
Rock Products: MSHA's Silica Rule
Blog | April 17, 2024
Blog | April 15, 2024
Blog | April 08, 2024
Blog | March 21, 2024
Articles | March 18, 2024
Blog | March 13, 2024
Blog | March 12, 2024
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Blog | March 11, 2024
Blog | March 06, 2024
Articles | February 29, 2024
Articles | February 28, 2024
Blog | February 27, 2024
Articles | February 23, 2024
Articles | February 12, 2024
Blog | February 12, 2024
Blog | February 07, 2024
Blog | January 25, 2024
Blog | January 24, 2024
Articles | January 22, 2024
Blog | January 08, 2024
Blog | January 04, 2024
Blog | December 14, 2023
Blog | December 08, 2023
Blog | November 20, 2023
Blog | November 02, 2023
White Papers | November 01, 2023
Legal Insights for Manufacturing: Outlook for 2024

With each passing day it becomes more apparent the world that entered the COVID-19 pandemic is not the world that emerged from it.

Articles | November 01, 2023
Articles | October 31, 2023
Legal Updates | October 27, 2023
NLRB Issues Final Rule on Joint-Employer Status
Blog | October 25, 2023
Blog | October 11, 2023
Articles | September/October 2023
Articles | September 18, 2023
Legal Updates | September 08, 2023
California Further Restricts the Use of Non-Competes
Articles | September 01, 2023
Blog | August 30, 2023
Blog | August 30, 2023
Blog | August 30, 2023
Articles | August 28, 2023
Blog | August 25, 2023
Articles | August 11, 2023
Blog | August 09, 2023
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Blog | August 03, 2023
Articles | July 26, 2023
Blog | July 21, 2023
Blog | July 19, 2023
Blog | July 12, 2023
Blog | July 11, 2023
Blog | July 06, 2023
Blog | June 30, 2023
Legal Updates | June 21, 2023
EEOC Casts New Focus on Construction Industry
Blog | June 20, 2023
Articles | May 30, 2023
Blog | May 17, 2023
Blog | May 16, 2023
Articles | May 10, 2023
Blog | May 10, 2023
Blog | May 08, 2023
Blog | May 04, 2023
Articles | May 03, 2023
Blog | April 27, 2023
Blog | April 20, 2023
Articles | April 17, 2023
Articles | April 14, 2023
Blog | April 10, 2023
Blog | April 03, 2023
Articles | March 2023
Blog | March 30, 2023
Blog | March 13, 2023
Articles | March 09, 2023
Blog | February 27, 2023
Articles | February 16, 2023
Blog | February 15, 2023
Articles | February 10, 2023
Blog | February 06, 2023
Blog | February 02, 2023
Blog | January 27, 2023
Blog | January 27, 2023
Blog | January 27, 2023
Blog | January 20, 2023
Blog | January 17, 2023
Blog | January 11, 2023
Blog | January 05, 2023
White Papers | January 04, 2023
Legal Insights for Manufacturing: Outlook for 2023

What manufacturers can expect in the new year.

Articles | January 2023
Blog | December 22, 2022
Blog | December 16, 2022
Articles | December 14, 2022
Articles | December 08, 2022
Blog | December 02, 2022
Blog | December 02, 2022
Blog | November 28, 2022
Blog | November 18, 2022
Articles | November 09, 2022
Blog | November 02, 2022
Blog | November 02, 2022
Blog | October 24, 2022
Blog | October 17, 2022
Articles | October 06, 2022
Blog | October 06, 2022
Blog | September 20, 2022
Legal Updates | September 16, 2022
Starbucks Diversity Policy Challenged in New Lawsuit
Blog | September 16, 2022
Blog | September 06, 2022
Articles | September 02, 2022
Blog | August 29, 2022
Blog | August 24, 2022
Articles | August 11, 2022
Blog | August 01, 2022
Blog | July 29, 2022
Blog | July 21, 2022
Blog | July 20, 2022
Blog | July 19, 2022
Blog | July 14, 2022
Blog | July 14, 2022
Blog | July 08, 2022
Blog | July 05, 2022
Blog | June 28, 2022
Blog | June 28, 2022
Legal Updates | June 27, 2022
Chicago Updates Sexual Harassment Prevention Law
Articles | June 24, 2022
Blog | June 23, 2022
Blog | June 21, 2022
Blog | June 14, 2022
Blog | June 02, 2022
Articles | June 01, 2022
Articles | May 25, 2022
Blog | May 25, 2022
Articles | May 04, 2022
Articles | April 20, 2022
Blog | April 12, 2022
Articles | April 07, 2022
Articles | April 01, 2022
Articles | March 30, 2022
Articles | March 28, 2022
Articles | March 22, 2022
Articles | March 18, 2022
Blog | March 17, 2022
Articles | March 10, 2022
Blog | March 04, 2022
Articles | February 22, 2022
Blog | February 15, 2022
Articles | February 04, 2022
Legal Updates | January 20, 2022
City of Milwaukee Passes New Indoor Mask Mandate
Legal Updates | January 14, 2022
U.S. Supreme Court Stays OSHA Vaccine Mandate
Blog | January 05, 2022
Articles | December 17, 2021
Articles | December 15, 2021
Blog | December 09, 2021
Articles | December 07, 2021
Articles | December 07, 2021
Articles | December 07, 2021
Blog | December 03, 2021
Legal Updates | November 30, 2021
New Kansas Law Affecting Employer COVID-19 Policies
Blog | November 23, 2021
Legal Updates | November 16, 2021
Vaccine Mandates May Require Collective Bargaining

Vaccine mandates present interesting issues for the unionized employer.

Blog | November 16, 2021
Legal Updates | November 15, 2021
President Biden Signs Infrastructure Package into Law
Blog | November 15, 2021
Blog | November 12, 2021
Blog | November 04, 2021
Articles | November 01, 2021
Blog | November 01, 2021
Blog | October 27, 2021
Articles | October 17, 2021
Legal Updates | October 1, 2021
Reopening Considerations for Fitness Facilities
Blog | September 27, 2021
Blog | September 13, 2021
Blog | September 09, 2021
Blog | September 03, 2021
Articles | August 25, 2021
Articles | August 24, 2021
Articles | August 14, 2021
Blog | August 13, 2021
Articles | August 11, 2021
Blog | August 06, 2021
Blog | August 04, 2021
Articles | July 28, 2021
Insight | July 27, 2021
Blog | July 15, 2021
Articles | July 14, 2021
Articles | July 12, 2021
Articles | July 09, 2021
Blog | June 28, 2021
Articles | June 24, 2021
Articles | June 23, 2021
Blog | June 23, 2021
Articles | June 18, 2021
Blog | June 15, 2021
Blog | June 14, 2021
Articles | June 10, 2021
Blog | June 07, 2021
Articles | Vol. 89, Issue 4 (2021)
Articles | June 02, 2021
Articles | June 01, 2021
Blog | May 20, 2021
Blog | May 17, 2021
Blog | May 11, 2021
Articles | May 10, 2021
Articles | May 07, 2021
Blog | May 06, 2021
Articles | May 04, 2021
Articles | May 03, 2021
Blog | May 03, 2021
Blog | April 28, 2021
Blog | April 28, 2021
Articles | April 19, 2021
Blog | April 12, 2021
Legal Updates | April 05, 2021
EEOC Resumes Collection of EEO Data
Blog | April 05, 2021
Articles | March 24, 2021
Law360: Labor And Employment Changes Ahead For Gov't Contractors

"While predicting the future from certain presidential appointments and executive orders can be problematic, they point to changes ahead for federal contractors in the area of labor and employment law." 

Blog | March 23, 2021
Legal Updates | March 11, 2021
The New FFCRA Under the American Rescue Plan Act
Blog | March 11, 2021
Blog | March 10, 2021
Blog | February 11, 2021
Legal Updates | February 09, 2021
Minimum Wage Increase on Legislative Horizon
Articles | February 01, 2021
Blog | January 29, 2021
Legal Updates | January 27, 2021
Whiplash: Is a New FFCRA on the Horizon?
Blog | January 22, 2021
Legal Updates | December 23, 2020
COVID-19 Vaccine Planning Checklist
Blog | December 14, 2020
Blog | December 09, 2020
Articles | November 25, 2020
Blog | November 19, 2020
Articles | November 16, 2020
Blog | November 16, 2020
Blog | November 16, 2020
Legal Updates | November 04, 2020
FAQs for Colorado Paid Family Leave Law (FAMLI)
Articles | November 02, 2020
Blog | October 26, 2020
Blog | October 22, 2020
Articles | October 16, 2020
Articles | October 13, 2020
Blog | September 30, 2020
Legal Updates | September 22, 2020
Wisconsin's Mask Mandate Extended for 60 Days
Video | September 15, 2020
Return-to-Work Policy Generator - Video
Articles | September 14, 2020
Articles | September 10, 2020
Articles | September 01, 2020
Articles | August 31, 2020
Articles | August 28, 2020
Blog | August 21, 2020
Articles | August 11, 2020
Articles | July 31, 2020
Lexis Practice Advisor®: Business Continuity and Emergency Planning Checklist and Emergency Action Plan

Erik Dullea and Stephanie Kaiser have compiled a  and an for employers, both published by Lexis Practice Advisor®.

Blog | July 27, 2020
Blog | July 23, 2020
Legal Updates | July 17, 2020
Wisconsin COVID-19 Ordinances Impact Employers
Blog | July 07, 2020
Articles | July/August 2020
Articles | June 29, 2020
Blog | June 18, 2020
Speaking Engagements | May 6, 2025
Speaking Engagements | February 12, 2025
Speaking Engagements | November 13, 2024
Speaking Engagements | September 18, 2024
Speaking Engagements | September 12, 2024
Webinar | September 12, 2024
2024 Annual Labor and Employment Legal Update
Speaking Engagements | June 19, 2024
Webinar | June 18, 2024
Minnesota Employment Law Update
Speaking Engagements | May 9, 2024
Speaker, "How to Build a Team," WEW 2024
Speaking Engagements | May 8, 2024
Speaking Engagements | February 14, 2024
Speaker, "Labor and Employment," Pub K GovCon Annual Review 2024
Webinar | January 31, 2024
Legal Insights for Manufacturing
Speaking Engagements | December 7, 2023
Speaker, "DEI Policies in Employment," ADC Annual Meeting
Webinar | May 16, 2023
2023 Workplace DEIA
Speaking Engagements | April 14, 2023
Webinar | January 26, 2023
Clarifying Pay Transparency
Speaking Engagements | January 13, 2023
Speaker, "Navigating Amendment 3 Webinar," The Missouri Chamber
Speaking Engagements | January 24, 2022
Speaker, "Labor and Employment," Pub K Annual Review 2022
Speaking Engagements | February 19, 2021
Webinar | February 2021
What the H-1B Is Going on in Immigration Law?

Hiring to Firing and Everything in Between Webinar Series

Webinar | December 15, 2020
Labor & Employment in Higher Education Year-in-Review 2020

Issues in Higher Education Webinar Series

Webinar | October 28, 2020
Pre-Election Webinar Series - Election 2020: Defining the Stakes

Pre-Election Webinar Series

Speaking Engagements | October 22, 2020
Speaking Engagements | October 15 - 16, 2020
Webinar | September 2020
COVID-19 Accommodations
Speaking Engagements | August 27, 2020
Speaking Engagements | August 25, 2020
Webinar | July 16, 2020
The Illinois Workplace Transparency Act

Hiring to Firing and Everything in Between Webinar Series

Media Mentions | June 03, 2025
Media Mentions | May 29, 2025
Media Mentions | May 08, 2025
Media Mentions | April 30, 2025
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Media Mentions | January 28, 2025
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Media Mentions | December 19, 2024
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Media Mentions | October 11, 2024
Media Mentions | September 25, 2024
Media Mentions | August 28, 2024
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Media Mentions | August 15, 2024
Media Mentions | August 06, 2024
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Media Mentions | August 05, 2024
Media Mentions | July 30, 2024
Media Mentions | July 15, 2024
Media Mentions | July 15, 2024
Media Mentions | July 11, 2024
Media Mentions | July 11, 2024
Media Mentions | July 02, 2024
Media Mentions | June 18, 2024
Media Mentions | May 09, 2024
Media Mentions | May 08, 2024
Media Mentions | May 08, 2024
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Media Mentions | May 07, 2024
Media Mentions | May 02, 2024
Media Mentions | April 30, 2024
Media Mentions | April 30, 2024
Media Mentions | April 24, 2024
Media Mentions | April 17, 2024
Media Mentions | April 05, 2024
Media Mentions | March 29, 2024
Media Mentions | March 20, 2024
Media Mentions | February 26, 2024
Media Mentions | February 16, 2024
Media Mentions | January 17, 2024
Media Mentions | January 05, 2024
Media Mentions | December 01, 2023
Media Mentions | October 25, 2023
Media Mentions | October 06, 2023
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Media Mentions | August 30, 2023
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Media Mentions | July 12, 2023
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Media Mentions | June 19, 2023
Media Mentions | May 09, 2023
Media Mentions | May 05, 2023
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Media Mentions | March 27, 2023
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Media Mentions | February 17, 2023
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Media Mentions | December 22, 2022
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Media Mentions | December 09, 2022
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News | July 01, 2022
Media Mentions | June 08, 2022
Media Mentions | May 24, 2022
Media Mentions | May 12, 2022
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Media Mentions | May 09, 2022
Media Mentions | May 06, 2022
Media Mentions | April 29, 2022
News Releases | April 27, 2022
С»ÆÑ¼ÊÓÆµ Prevails in Discrimination Lawsuit for CoxHealth

С»ÆÑ¼ÊÓÆµ earned a victory in Missouri state court for CoxHealth, the Springfield-based healthcare system, in connection with race, national origin, workers’ compensation and disability discrimination claims, as well as claims of retaliation.

Media Mentions | April 19, 2022
Media Mentions | April 13, 2022
Media Mentions | April 01, 2022
Media Mentions | March 31, 2022
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Media Mentions | March 08, 2022
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Media Mentions | February 09, 2022
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News | January 30, 2022
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Media Mentions | January 13, 2022
Media Mentions | January 03, 2022
Media Mentions | December 28, 2021
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Media Mentions | December 16, 2021
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Media Mentions | December 08, 2021
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Media Mentions | November 09, 2021
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Media Mentions | November 04, 2021
Media Mentions | October 29, 2021
Media Mentions | October 26, 2021
Media Mentions | October 25, 2021
Media Mentions | October 25, 2021
News Releases | October 25, 2021
С»ÆÑ¼ÊÓÆµ Lands Leading Litigator Tracy Wolf

Tracy Wolf joins С»ÆÑ¼ÊÓÆµ’s Dallas office as a partner in its Labor & Employment practice team and Healthcare, Life Sciences & Education business unit.

Media Mentions | October 12, 2021
Media Mentions | October 06, 2021
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Media Mentions | September 27, 2021
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Media Mentions | December 29, 2020
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Media Mentions | December 18, 2020
Media Mentions | December 09, 2020
Media Mentions | December 03, 2020
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Media Mentions | November 17, 2020
Media Mentions | November 03, 2020
Media Mentions | October 19, 2020
Media Mentions | October 09, 2020
Media Mentions | August 25, 2020
News Releases | August 18, 2020
Jenna Brofsky to Receive 2020 Missouri Lawyers Media Up & Coming Award

Brofsky was part of a team that in June launched a tool to help small and mid-market businesses return to their worksites during COVID-19 by developing Return-to-Work policies that comply with applicable local, state and federal laws and regulations.

Media Mentions | July 02, 2020
Media Mentions | June 19, 2020
Kansas City Business Journal: Husch lawyer: LGBTQ ruling is groundbreaking, but gray areas remain

The Supreme Court’s ruling in Bostock v. Clayton County created a landmark decision protecting homosexual or transgender employment, but it leaves questions unanswered.

Media Mentions | June 17, 2020
St. Louis Business Journal: What employers need to know about the Supreme Court's ruling on LGBTQ rights

"Update your policies, and know that much ambiguity remains."

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С»ÆÑ¼ÊÓÆµ has a very strong labor and employment practice. The team goes out of its way to anticipate our needs and use its knowledge to strategize and foresee next steps.

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