Labor and Employment Law
- Employment discrimination and related litigation – representation of clients in all aspects of employment discrimination and related claims, from the initial administrative charge and administrative process through defense of employment claims in state and federal court.
- Labor-management relations – union avoidance, representation elections, union negotiations, defense of unfair labor practice charges and litigation before the National Labor Relations Board.
- Wage & Hour Law – representation of clients in all aspects of employee compensation and wage & hour law, including: advice and counsel, representation in U.S. Department of Labor audits and investigations, wage payment and administration under the various state wage payment and collection acts, and all related wage & hour litigation in state and federal court.
- Defense of wrongful discharge claims – representation of clients in connection with the defense of wrongful discharge claims, breach of contract claims, whistle blower and retaliation claims, and related litigation.
- Employment contracts and related agreements – executive employment agreements, non-compete, confidentiality and trade secrets agreements, and related litigation.
- Preventative advice, counsel and planning – assisting in representing clients in the implementation of preventative measures designed to avoid employment claims and risk exposure, including proper maintenance of employee handbooks/manuals and related employment documents, and advice and counsel in all aspects of labor and employment law.
- OSHA – advice and counsel regarding compliance with the Occupational Safety and Health Administration Act (OSHA) and in connection with OSHA claims and investigations.
- OFCCP – representation of government contractors in connection with the development and maintenance of Affirmative Action Plans, compliance with Executive Order 11246, and Office of Federal Contract Compliance Programs (OFCCP) audits.
- Employee benefits – advice and counsel in connection with the development and maintenance of employee benefits plans.
- Workers’ Compensation – representation in all aspects of workers’ compensation, including the development of safety plans and other policies and practices to avoid on‑the-job injuries, and in connection with filed and contested claims.
 |
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 >
|
