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Labor and Employment

The Chicago area is an extremely mature and sophisticated labor-management market.  Both labor and management frequently work together on many issues of mutual and joint concern.  Representation of clients in this practice area involves considerable more depth than merely conduct under the National Labor Relations Act. Hogan Marren Babbo & Rose has represented labor organizations, Taft-Hartley Trust Funds, employer organizations, labor-management committees, and various other related entities labor organizations with a variety of legal issues.

Our attorneys have experience in the labor and employment field representing both labor unions and management in areas such as complex federal and state court litigation, alternative dispute resolution, grievances, arbitrations, unfair labor practice proceedings, area standards disputes, secondary boycotts, employee benefits issues, drug and alcohol policies, sexual harassment policies, union elections, collective bargaining, jurisdictional disputes, wage claims, organizing campaigns, joint labor management committees, project labor agreements and promoting positive and productive labor relations.  In our unique experience of having worked both sides of the labor/management table, we are able to provide our clients with well-informed perspectives, legally well-grounded but with a business perspective, to produce quality representation at highly competitive rates.  We have represented both labor and management interests before the National Labor Relations Board, the Illinois Labor Relations Board, Joint Arbitration Boards and other administrative agencies, including, but not limited to the U.S. Department of Labor, Illinois Department of Labor, Equal Employment Opportunity Commission and the Illinois Human Rights Commission.

Our firm goes to the heart of labor and employment law to focus on employee and employer relations.  As part of our commitment to a productive and positive workforce, we work with clients to develop strategies aimed at minimizing legal costs, while promoting a highly effective workplace and business.  Whether our attorneys are developing sexual harassment policies or employee handbooks, or simply providing training seminars to the client’s employees, we understand how critical it is for both management and employees to be educated on the particular points related to the state and federal laws affecting employees in the workplace.  These laws include, but are not limited to, the Fair Labor Standards Act and its state law counterpart, the Davis-Bacon Act and its state law Prevailing Wage Act, the Miller Act, the Service Contract Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, Title VII, the Illinois Human Rights Act, and the Wage Payment and Collection Act, just to name a few statutory and regulatory concerns.

Litigation/Administrative Hearings

Members of our firm have extensive experience in the labor organizations in a variety of adversarial proceedings, ranging from administrative hearings to federal and state litigation. We have appeared before the Illinois Human Rights Commission, Equal Employment Opportunity Commission, and the National Labor Relations Board. In addition, many of our firm members have represented clients and have ongoing contact with federal regulators at the U.S. Department of Justice, U.S. Department of Labor, Federal Trade Commission, Internal Revenue Service, National Labor Relations Board, and various other state administrative agencies. Additionally, we have represented the firm’s labor, healthcare, corporate and construction industry clients in numerous general commercial and corporate litigation matters.

Regulatory Compliance

Our firm has worked with Taft-Hartley Trust Funds including pension, welfare, apprenticeship, and numerous labor-management cooperation committees to review their compliance with applicable federal and state labor laws, specifically including ERISA, Internal Revenue Code, Labor-Management Reporting and Disclosure Act, and various state trust and insurance laws and to advise our clients on the appropriate response to compliance.

ERISA and Employment Benefits

We have been involved in the design, preparation and implementation of qualified and nonqualified retirement plans, health and welfare plans and related employee benefit vehicles. In addition to creating defined benefit plans, we have also been involved in the merger and termination of such plans.  Hogan Marren Babbo & Rose, Ltd.’s ERISA and Taft-Hartley fund practice has included the formation of Labor Management Cooperation Committees created to address a wide range of industry problems and concerns not easily resolved at the collective bargaining table, providing legal advice to health and welfare funds seeking to negotiate more competitive healthcare coverage for their participants and generally insuring compliance with the federal tax and labor requirements of pension, welfare, apprenticeship and scholarship funds.  The attorneys at HMBR have successfully tried judgment funds claims against contractors involving disputes over fraud in the execution, alter-ego liability and other statutory obligations under ERISA.  The firm is also responsible for assisting fund administrators improve its collection of delinquent contributions and enforce the wage and welfare board obligations of signatory contractors.

Restrictive Covenants / Confidentiality Agreements

Over the past ten years, HMBR has defended and prosecuted a wide range of alleged breaches of restrictive covenants or confidentiality agreements typically found in most upper-level management and professional employment contracts.  The disputes have been over covenants-not-to-compete, violations of state Trade Secrets Acts, breaches of confidentiality agreements, theft and misappropriation of corporate assets and have involved actions for temporary restraining orders, preliminary and permanent injunctions as well as claims for compensatory, punitive or treble damages.

Fidelity Bond Claims / Directors and Officers Liability Claims

The firm has extensive experience investigating allegations of fraud, embezzlement or other misconduct or negligence by corporate officers and employees, preparing bond and insurance claims for labor organizations or businesses who suspect or have uncovered dishonest acts or breaches of fiduciary duty by employees and/or trustees and pursued litigation to enforce those rights under the bond.