Labor and Employment

The labor and employment law attorneys at Burke, Warren, MacKay & Serritella, P.C. represent management in employment litigation, including defending age, race, gender and disability discrimination claims; retaliatory discharge and breach of contract suits; breach of fiduciary duty; defamation; and sexual harassment matters. We have defended employers successfully at trial and on appeal. We put our in-depth understanding of state and federal employment law to work by assisting clients with improved employment practices, documents and procedures. We also work to identify and correct potential problems before they become expensive confrontations.

We are experienced in the unique concerns confronting employers with unionized workforces, serving as lead counsel in labor negotiations and handling complex NLRB and appellate litigation. Our attorneys have represented a broad spectrum of employers, from Fortune 100 companies to small entrepreneurs.

Fair Employment Practices, Advice & Litigation

Our lawyers advise clients regarding federal, state and local laws prohibiting discrimination in the workplace to minimize the likelihood of employment discrimination claims. When claims are made, we aggressively defend our clients in both administrative agencies and federal and state courts, including jury trials in a wide range of cases. We regularly represent clients in investigations before administrative fact-finding tribunals and in public hearings conducted by state and federal agencies, such as the EEOC, Illinois Department of Human Rights and the Chicago Commission on Human Relations, which enforce anti-discrimination statutes and executive orders.

EPLI

Our Labor and Employment attorneys have acted as national claims counsel for several Employment Practices Liability Insurance (EPLI) programs. In that capacity, we have coordinated the defense of all EPLI claims, responded to charges of discrimination on a nationwide basis, and defended insureds in employment litigation and administrative agency proceedings. Our efficiencies and depth of experience in defending EPLI claims have contributed to the success of these programs.

Collateral Employment Law Claims

With the ever-expanding erosion of the employment-at-will doctrine, we are actively involved in counseling and defending employers against the many common law and statutory claims that are potentially available to applicants and to current and former employees. For example, we have represented employers in situations involving express and implied contracts, retaliatory discharge claims, drug testing, polygraph tests and whistle-blower protection.

Non-Competition Agreements & Related Obligations

The very lifeline of many clients is their trade secrets and proprietary information. We help our clients protect their valuable information by drafting non-competition and non-solicitation agreements, confidentiality agreements and other contracts.

Wage & Hour Laws

We advise and represent clients in claims and disputes arising under the Fair Labor Standards Act, Davis-Bacon Act, Service Contract Act and complementary state statutes. Again, consistent with our philosophy that an ounce of prevention is worth its weight in gold, we train managers and supervisors regarding applicable legal requirements and provide advice and assistance during compliance audits. When litigation ensues, we represent clients in both administrative agencies and courts.

Labor-Management Relations & Labor Disputes

Our lawyers offer clients cutting-edge advice and counsel on their relationships with unions. We advise and represent clients in collective bargaining, arbitrations and union representation matters.

Although we place great emphasis on resolving labor-management disputes short of litigation, there are instances when this is not possible. In those situations, we represent our clients' interests in federal and state courts, arbitration, the NLRB and FMCS. We also advise our clients during labor disputes, including strike contingency plans and effective responses to boycotts and "corporate campaigns."