Employing the best strategy for your business.
Shuttleworth & Ingersoll has an extensive labor and employment law practice with experienced employment and labor law attorneys. The firm emphasizes the representation of employer interests in both private and public sectors.
Our attorneys work with employers to develop employment practices and policies that comply with the numerous federal, state and local employment related statutes, such as the Occupational Safety and Health Act (OSHA), National Labor Relations Act (NLRA), Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Older Workers Benefit Protection Act (OWBPA), Health Care Reform Act, and Title VII and other civil rights statutes.
How we can help
Services provided to clients range from training of supervisors, preparing employer policies and employee handbooks, counseling concerning employee terminations, designing and implementing voluntary severance or reduction in force programs, and advising on the drafting and implementation of drug testing plans.
Our practice includes the negotiation and administration of collective bargaining agreements, arbitration of contract disputes and representation of clients with respect to unfair labor practice charges. When needed, the firm represents clients in administrative proceedings and federal or state lawsuits.
A significant portion of our practice is spent representing employers in the defense of work-related claims asserted by employees. These cases include age and sex discrimination charges, sexual harassment claims, wrongful discharge claims, unemployment compensation claims, workers’ compensation claims, claims for employee benefits, breach of contract claims, and claims involving alleged violations of non-compete and trade secret covenants. The labor and employment law practice area also represents employees seeking to protect their rights.
Employment Law Training
Workplace training packages can always be customized to fit your specific needs as an employer. Training packages may be arranged for a fixed fee depending on the needs of the workplace, and may include a discovery process, a review of company policies, and training for the executive team, managers, and all employees.
Employee Benefits and Welfare Plans
The attorneys in the labor and employment law practice area advise and consult with our clients on the design, implementation, and administration of employee welfare plans governed by ERISA, including self-funded and insured health and dental plans, cafeteria plans, long term disability plans, dependent care plans, life insurance plans, and severance plans and programs. We advise clients with respect to compliance with COBRA, the Family Medical Leave Act, the Health Insurance Portability and Accountability Act, and other federal and state law affecting employee benefits. We also represent clients with disputed claims for benefits, from the administrative process through litigation, if necessary.
A closer look at our area of expertise:
Qualified Retirement Plans
The firm assists employers with design, compliance and qualification issues relating to qualified retirement plans, including 401(k) plans, Simple plans, 403(b) plans and 457(b) plans.
Employee Stock Ownership Programs (ESOPs)
The firm also advises clients with Employee Stock Ownership Plans (ESOPs), including plan document preparation, qualification and compliance.
Executive and Deferred Compensation
The firm provides assistance with the development of nonqualified executive compensation plans and programs, including SERPS, nonqualified stock options, phantom stock plans, SARs, wrap around plans and other deferred compensation plans. The firm advises clients on compliance issues with regard to these plans, including top hat filings, potential ERISA issues and IRC Section 409A.
Welfare Benefit Plans
Our attorneys advise clients on the design, implementation, and administration of welfare plans governed by ERISA, including self-funded and insured health and dental plans, cafeteria plans, short term disability plans, dependent care plans, and severance plans and programs.
Practice Before Government Agencies
Our attorneys assist clients in seeking guidance and rulings from the Internal Revenue Service and the Department of Labor. We also work with employer sponsors on plan correction issues under the Employee Plans Compliance Resolution System of the Internal Revenue Service, including filings under the Voluntary Correction Program (VCP).
Interdisciplinary Privacy/HIPPA Practice
The firm advises clients with respect to compliance with COBRA, the Family Medical Leave Act, the Health Insurance Portability and Accountability Act (HIPAA), and other federal and state laws affecting employee benefit plans.
The firm regularly represents employers, plan sponsors, benefit committees, and other employee benefit plan fiduciaries with respect to disputed claims for benefits under employee pension and welfare plans covered by ERISA, both in administrative proceedings and in lawsuits in federal and state courts. The firm also represents employees seeking to obtain benefits under ERISA plans which may have been wrongfully denied or withheld.
Our workers’ compensation practice group attorneys have substantial expertise in representing employers and employees in workers compensation matters. Our attorneys are actively involved in professional workers compensation groups, including:
- The Iowa Association of Workers Compensation Attorneys
- Iowa Workers Compensation Advisory Committee
- Iowa Defense Counsel
The practice group attorneys are frequent presenters on the topic of workers compensation issues to both legal and other professional organizations, including nurse case managers, insurers, adjusters, and human resources professionals.
Our attorneys regularly practice in the following areas:
- Hearings before the Iowa Workers Compensation Commission
- Appeals within the Workers Compensation Commission
- Judicial Review of Workers Compensation Decisions
- Appeals to the Iowa Court of Appeals and Supreme Court
- Employer Advising, Consulting and Training
While practice group attorneys represent employers in the majority of our cases, in appropriate circumstances, our firm will represent injured employees on a contingent fee basis.
Employer OSHA Investigation Representation
Our firm regularly represents clients in OSHA investigations following death or serious injury; in this moment of crisis working with an attorney who has been through this process multiple times will eliminate uncertainty. Depending on your location and the nature of the incident, an attorney will make immediate plans to travel to the site of the accident to prepare for the OSHA investigation.