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:

    • Employment discrimination and related litigation
    • Labor-management relations
    • Wage & Hour Law
    • Defense of wrongful discharge claims
    • Employment contracts and related agreements
    • Preventative advice, counsel and planning
    • OSHA
    • OFCCP
    • Employee benefits
    • Workers’ Compensation

Find out more >


Samuel Clark

Mr. Clark has advised both non-profit and for-profit corporations with respect to executive compensation arrangements and employee benefits generally.  He has advised with respect to Non-Qualified Deferred Compensation Plans as well as most Qualified Retirement or Savings Plans.  This would include compliance with Qualified Domestic Relations Orders, self‑funded health plans, and the treatment of fringe benefits.


View Profile

Patrick R. Guinan

Mr. Guinan has been a partner with the firm since 2002 and is admitted to practice in all state and federal courts in Nebraska.  Additionally, Mr. Guinan is admitted to the U. S. Court of Appeals for the Eighth Circuit, the U.S. Court of Appeals for the Second Circuit, the U. S. District Court for the Southern District of New York, and the U. S. District Court for the Northern District of Illinois.  Mr. Guinan’s litigation practice includes all areas of civil litigation, including commercial litigation, insurance defense and self-insured litigation, products liability, personal injury, employment litigation, workers’ compensation litigation, construction litigation, administrative litigation and appellate practice.


View Profile

Karen M. Keeler

Ms. Keeler works extensively on worker’s compensation matters advising clients on issues related to workers’ compensation injuries, claim recommendations, and employment issues.  Ms. Keeler began clerking for Erickson and Sederstrom in 2010, and joined the firm as an associate in 2012 after being admitted to the Iowa bar.


View Profile

Jerald L. Rauterkus

Jerry is a senior member of the Erickson | Sederstrom litigation department and a 1985 graduate from Creighton Law School; while at Creighton, Jerry was also a member of the Law Review.  He is admitted to practice in all state and federal courts in Nebraska; additionally, he is admitted to practice in the State of Colorado.  Jerry’s practice area includes multi-party litigation for nonprofits, product liability, transportation litigation, and workers’ compensation.  He is on the Board of Directors  of Erickson | Sederstrom.


View Profile

Mark M. Schorr

Mark is the Chairman of the firm’s labor and employment law practice group.  He represents numerous local and national employers in all aspects of labor and employment law, and related litigation.  Mr. Schorr is the exclusive Nebraska member of the Employers Counsel Network (ECN) and is the Editor of the Nebraska Employment Law Letter.  He is also a Contributing Editor to the Developing Labor Law, a leading treatise published by the American Bar Association (ABA) and the Bureau of National Affairs (BNA).


View Profile

Tiernan T. Siems

Throughout his career, Tiernan has provided advice to and representation for local and national employers, insurance companies and individuals having a presence in Iowa and Nebraska.  In addition to representing such clients before the Nebraska Workers’ Compensation Court and the Iowa Industrial Commissioner, Tiernan has also appeared in state district courts, as well as in federal courts in both Iowa and Nebraska.  Outside of the courtroom, Tiernan provides substantive recommendations to his clients when workers’ compensation issues overlap with other labor considerations, including OSHA, ADA, FMLA, ADEA, in addition to other local, state and federal laws.  Tiernan is a regular presenter on these issues in seminars for other attorneys, claims professionals and employers.


View Profile




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 >