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Labor and Employment Law
Erickson | Sederstrom has long been recognized for its experience and expertise in labor and employment law. Its employment and labor relations lawyers are able to provide clients with expert representation in all areas of labor and employment law, including: employment discrimination; employment litigation; labor-management relations, union avoidance and union negotiations; wage & hour law; OSHA; preventative measures, including union avoidance and proper maintenance of employee manuals and employment related documents; trade secrets and non-compete agreements and litigation; defense of wrongful discharge claims, executive employment agreements; workers’ compensation; and all areas of law related to labor and employment. Erickson | Sederstrom is the exclusive Nebraska representative in the Employers Counsel Network (ECN), a national network of major law firms with recognized expertise in labor and employment law. The Chairman of its labor and employment law section is also the Editor of the Nebraska Employment Law Letter, a state-specific monthly publication, for M. Lee Smith Publishers, in Nashville, Tennessee. Erickson | Sederstrom’s employment and labor relations lawyers are able to provide clients with expert representation in all areas of employment law, and have represented clients before the Supreme Court of the United States, the circuit courts of the federal system, and before the various state and federal courts and administrative agencies which have jurisdiction over various areas of labor and employment law, including claims of discrimination because of age, sex, disability, national origin, race, and religion. Its attorneys have developed a number of training programs working with employers, with the goal of preventing future problems, claims and litigation in the employment area. 
Erickson | Sederstrom's Employment Law Group assists its clients in all areas of employment law including: labor relations, sexual harassment complaints and charges regarding age, gender and religious discrimination. They also have a vast knowledge and dealings of the increased union organizing activities. Their employment lawyers have represented clients before the Supreme Court of the United States, the circuit courts of the federal system, and before the various state and federal administrative agencies which have jurisdiction over claims of discrimination because of age, sex, disability, national origin, race, and religion. With expertise in the following areas:
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 Employers Counsel Network The Employers Counsel Network (ECN) is comprised of carefully selected top-level law firms, with just one firm in each of the 50 states, Washington D.C. and Canada, with recognized expertise in labor and employment law.
Employer Sponsored Social Events and Potential Workers’ Compensation Liability
April 26, 2013 Employees Injured at an Employer Sponsored Social Event can Receive Workers’ Compensation Benefits in some Instances. Read more > Illegal aliens are entitled to permanent total disability benefits under Nebraska Workers’ Compensation Act. January 9, 2013 The Nebraska Supreme Court determined that an individual not eligible to work legally in the United States may still receive permanent total disability workers’ compensation benefits if injured while illegally working for a Nebraska employer. Read more > Congress passes SMART Act to improve efficiency within the Medicare Secondary Payer System January 4, 2013 Recently Congress passed the Strengthening Medicare and Repaying Taxpayers Act (“SMART Act”). This is good news for insurers having difficulty settling claims due to the complexities associated with Medicare’s secondary payer status. Read more > Second Round of Major Constitutional Challenges to the ACA Revitalized by the Supreme Court November 28, 2012 On Monday the Supreme Court breathed new life into challenges that the ACA’s requirement for employers to provide insurance covering contraceptives is unconstitutional. Read more > Nebraska to Allow Feds to Run Insurance Exchange November 16, 2012 On Thursday afternoon, Governor Dave Heineman announced that he will allow the Federal government to run the insurance exchange for the State of Nebraska under the Affordable Care Act. Read more > Doubts Mounting Over DHHS Ability to Meet October 2013 Deadline for Insurance Exchanges November 15, 2012 In the wake of a highly contentious and polarized election season, the re-election of Barack Obama all but ensures the Affordable Care Act will stay in place; but is DHHS up to the task of implementing it? Read more > The Workers’ Compensation Court does not have jurisdiction to compel a non-party to pay an attorney fee for protection of its subrogation rights November 1, 2012 Notwithstanding the common fund doctrine, the Nebraska Workers’ Compensation Court does not have authority to compel a private health insurer to pay an attorney fee for protecting the health insurer’s subrogation interest in a workers’ compensation case. Read more > Nebraska Workers’ Compensation Court’s States Wages for Permanent Injuries Need to be Based on a 40 Hour Work Week. October 2, 2012 The Nebraska Supreme Court holds, in accordance with the Nebraska Workers’ Compensation Act, when a part time hourly employee suffers a work-related injury that results in permanent disability or death, the employee’s average weekly wage must be based on a 40 hour work week rather than by averaging that employee’s actual wages over the 6 months before the accident. Read more > Affordable Care Act Will Cost $84 Billion Less Due to Supreme Court’s Ruling July 26, 2012 In the wake of the historic decision by the U.S. Supreme Court on the Affordable Care Act, the Act will now cost $84 billion less while also covering fewer individuals. Read more > Administration Will Selectively Enforce the ACA’s Individual Mandate July 11, 2012 HHS recently announced that it will not “enforce” the individual mandate requirement from the ACA in states that choose not to expand Medicaid. Read more > NEBRASKA’S GOING TO AND COMING FROM WORK RULE June 14, 2012 Under Nebraska’s workers’ compensation laws, an employer is generally not required to compensate an employee for injuries the employee sustains while going to or coming from work. However, this rule is subject to a number of widely recognized exceptions under Nebraska law. Read more > Iowa Supreme Court Prohibits Trucking Companys From Offering A Light Duty Work Program From A Centralized Location March 16, 2012 The Iowa Supreme Court recently held that over the road trucking companies offering light duty employment to injured workers from a centralized location are not offering “suitable work” as defined by Iowa Code §85.33(3). Read more > Iowa Supreme Court Overrules The Iowa Court Of Appeals In Holding That Expert Testimony Constitutes Substantial Evidence In Workers' Compensation Claims December 21, 2011 Read more > Iowa Court of Appeals affirms denial of workers’ compensation benefits. December 14, 2011 The Iowa Court of Appeals affirms the denial of a cumulative injury to her shoulder because the Claimant failed to show that her job duties were repetitive in nature thus leading to her injury. Read more > U.S. Supreme Court to Hear Constitutional Challenge to the Patient Protection and Affordable Care Act (PPACA) December 5, 2011 FInd out how the U.S. Supreme Court’s ultimate ruling on the constitutionality of the PPACA will not only prove to be a constitutional blockbuster, but will also directly impact the State of Nebraska and Nebraska employers. Read more > Employer Alert – Mandatory Posting of Labor Rights November 23, 2011 Employers face an approaching deadline for the posting of a Notice of Employee Rights under the National Labor Relations Act. Read more > Timing of Workers' Compensation Indemnity Payments Under Iowa Law Trigger Penalties November 14, 2011 The Often Used Bi-Weekly Indemnity Payment Schedule Could Result In Penalties Read more > Protecting Medicare's Iinterests Prior to Settlement of Personal Injury and Workers’ Compensation Claims November 7, 2011 Professionals involved in the settlement of cases with a Medicare eligible claimant must be aware of the responsibilities and consequences of protecting Medicare’s interests prior to settlement. Medicare Set Asides, previously only used in workers’ compensation settlements, have become increasingly more commonplace in liability settlements. Read more > Misrepresentation of Pre-existing Condition as an Affirmative Defense to Workers’ Compensation Claims in Nebraska November 1, 2011 Learn More about the Larson Rule and Misrepresentation of Pre-existing Conditions with Workers Compensation Claims Read more > ADA Regulations Shed Light on What Qualifies as “Service Animal” for Places of Public Accommodation November 1, 2010 Find out more information about what actually qualifies as a "Service Animal" under the ADA... Read more > Anti-Smoker Hiring Policies: Could You Be Facing a Lawsuit? November 1, 2010 Health care legislation and "lifestyle statutes" cause great concern to employers and smokers alike, read more and find out if you could be facing a lawsuit. Read more > |
