W&M
 
W&M Wooden & McLaughlin
PH 317.639.6151
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Employment & Labor Law


Business Advice
Navigating the employment and labor laws that apply to your business can be difficult. Laws concerning civil rights and discrimination, workplace harassment, retaliation, wage and hour, workplace privacy, and unionization continue to evolve at the federal, state, and local level, sometimes so quickly that compliance can seem impossible. Fortunately, the Wooden & McLaughlin labor and employment law group is here to help guide you.

We are committed to helping you recruit, manage and maintain a loyal, productive workforce in compliance with applicable laws. Whether you run a Fortune 500 corporation or have a small, family-run business, we will approach our relationship with the highest level of enthusiasm and commitment. As counselors, we don’t just answer your questions, we try to solve your problems. These are just a few of the areas in which we advise clients:

  • Affirmative Action
  • Discipline and Discharge
  • Discrimination, Harassment, and Retaliation
  • Drug and Alcohol Testing
  • Family and Medical Leave Act
  • Independent Contractors
  • Interviewing, Hiring, and Evaluating
  • Military Leave
  • Negotiating Contracts
  • Non-Compete Agreements
  • Policy and Handbook Development
  • Protecting Trade Secrets and other Proprietary Information
  • Reasonable Accommodation of Disabilities and Religious Practices
  • Reference and Background Checks
  • Responding to Government Inquiries
  • Severance
  • Wage and Hour
  • Workforce Restructuring
  • Workplace Investigations
  • Workplace Privacy
  • Workplace Violence
We understand that well-educated clients are positioned to effectively manage their workforce with confidence, from recruiting and hiring through separation of employment. We help clients develop employment policies and handbooks tailored to their unique culture and needs. Training often follows so that officers, managers and supervisors understand how to properly implement policies and procedures. Our more experienced attorneys provide ongoing support in the form of counsel and guidance with respect to individual employment matters.

We take great pride watching our clients put these tools to use as they gain the confidence to handle more and more employment matters on their own. Judging by their excitement as they describe how they successfully handled a matter, we think they take great pride in their accomplishments too.

Of course, employment disputes, like other disputes, sometimes end up in litigation. When that happens, we are there for you.

Litigation
We understand that employment and labor disputes, like other disputes, sometimes end up in litigation. When counseling clients we try to recommend a course of action that not only leads to a productive solution, but also results in a defensible fact pattern.

We recognize that the defense of an employment lawsuit requires a significant commitment of time and money. For a large corporation, this can be a distraction. For a small business, this can be fatal. We will work with you early in the process to develop a litigation strategy that takes into account your business goals and budget. Sometimes this will mean early settlement talks or consideration of alternative forms of dispute resolution like arbitration or mediation. Sometimes this will mean remaining open to the possibility of a jury trial and/or the appeals process. Different approaches have different implications. It’s your time and money, and we want you to play a role in this decision-making process.

In the area of employment litigation, large and small companies alike have benefited from our thoughtful approach and dedicated counsel. From the administration of union contracts (including negotiation, arbitration and contract interpretation issues) to the defense of employment discrimination cases (such as race, color, religion, sex, national origin, disability, and age claims), we maintain a focused effort to provide the best possible legal representation for each client. We are equally vigilant in handling non-compete contract provision enforcement, federal and state wage and hour, ERISA, COBRA, FMLA, harassment, retaliation, and other litigation issues involving your employees and independent contractors.

Whether you are faced with a simple charge filed with an administrative agency by a single employee or a complex federal court class action, we would like to be your partner in attempting to achieve a resolution that is most in line with your unique needs.
Attorneys
Articles
2010 HR Alert - Unequal Pay Judgment, E-spying, and Grandfathered Health Plan Coverage
2010 HR Alert - More 1099s and Required Pro-union "Ads"
An Employer's Reference Guide to Health Care Reform
2010 HR Alert - COBRA Extensions and HIRE Act Update
2010 HR Alert - Health Care Reform: A Fresh Look at Wellness Programs
2010 HR Alert - Indiana's "Bring Your Gun To Work" bill and the federal Hiring Incentives to Restore Employment Act ("HIRE Act")
2010 HR Alert - Updated COBRA Forms Available from DOL
2009 HR Alert - Title II of GINA
2009 HR Alert - Expansion of Disability Laws
2009 HR Alert - Guidance for the Upcoming Flu Season
2009 Healthcare Employment Law IN Brief - Employee Medical Information
2009 HR Alert - Update on the Employee Free Choice Act (EFCA)
2009 Healthcare Employment Law IN Brief - Fair Labor Standards Act (“FLSA”)
Compliance
2009 Healthcare Employment Law IN Brief - Restrictive Covenants for
Physicians
2009 Healthcare Employment Law IN Brief - Intermittent FMLA Leave
2009 - Tips for Handling Intermittent Leave Under FMLA
2009 HR Alert - COBRA and EFCA
2009 Employment Law Update
2009 Summary of New FMLA Regulations
2008 Noncompetition Agreements are Increasingly Important
2008 Prepare for Significant Changes to ADA
2008 Medical Group Liable For Misleading Reference
2008 Increase in Wage & Hour Class Actions
2008 Effort to Avoid High Cost of Medical Care Potential ADA Violation
2008 Be Accommodating--Navigate Your ADA Obligations in Good Faith
2005 Supreme Court Authorizes Disparate Impact Claims Under ADEA
2004 When is a Bonus a Wage Under Indiana Law
2004 WARN Act Summary
2004 Summary of Final Rule Concerning FLSA White Collar Exemptions
2004 Reason More Important Than Timing
2004 Proactive Measures Reduce Risk Of Liability For Harassment
2004 Past Performance Need Not Be Considered During RIF
2004 Indiana Supreme Court Rules on Employer Liability For References
2004 Indiana Federal Court Rules on Discrimination Based on Religion
2004 Hostile Work Environment Constructive Discharge
2004 Efforts to Prevent Harassment Benefit Employer in Lawsuit
2003 When Words Can Really Hurt You
2003 Wage Reductions Safer Than Withholding
2003 Reducing Risk Through Policy Development
2003 Employer Pays For Improper Payroll Deduction
2003 Change in Behavior May Constitute Request for FMLA Leave