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

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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.


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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.


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James Hamilton

James Hamilton recently joined Erickson | Sederstrom in the spring of 2011 and has practiced in Lincoln and Omaha since 2000. James is a member of the firm’s Litigation Division and is located in the firm’s Lincoln office. James’ litigation practice is focused on civil litigation, including insurance defense, labor and employment matters and workers’ compensation litigation.


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Benjamin A. Pinaire

Ben specializes in labor and employment law and assists clients by providing legal support in many aspects of their business that intersect with this area of the law.  Ben regularly helps clients in drafting and reviewing employment contracts, drafting and reviewing employer policies and handbooks to ensure legal compliance, representating and defending clients in discrimination claims of all types before the Nebraska Equal Opportunity Commission and United States Equal Employment Opportunity Commission, representing clients in litigation involving discrimination matters, and advising clients with respect to issues that arise involving FMLA, ADA, Title VII, OSHA, EPA and other laws faced by employers in the employment context.  Ben also provides training to management teams on the foregoing legal concepts and regularly interfaces with clients regarding employee disputes and employee discipline to assist in developing appropriate resolutions and approaches to such matters.


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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.


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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).


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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.


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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.

Iowa Supreme Court Overrules The Iowa Court Of Appeals In Holding That Expert Testimony Constitutes Substantial Evidence In Workers' Compensation Claims
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Iowa Court of Appeals affirms denial of workers’ compensation benefits.
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Protecting Medicare's Iinterests Prior to Settlement of Personal Injury and Workers’ Compensation Claims
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Misrepresentation of Pre-existing Condition as an Affirmative Defense to Workers’ Compensation Claims in Nebraska
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Find out more information about what actually qualifies as a "Service Animal" under the ADA...
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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.
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USA Patriot Act Mandates Compliance Programs
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