BSCR attorneys have extensive experience representing clients in all aspects of employment and labor law. We have successfully defended numerous discrimination and other employment litigation matters and resolved many through successful motions for summary judgment.  We represent our clients in court, before administrative agencies such as the EEOC and NLRB, and in arbitration. In addition to representing Fortune 100 companies, mid-sized and small businesses, we also represent individuals, public and government employers throughout the United States.

We know how to try cases, but we also know how to advise our clients on how best to avoid litigation through sound business practices. Our clients come from a number of business industries, including aerospace, automotive, energy services, consumer products, construction, food and beverage, healthcare, human resources, information technology, retail, and telecommunications.

The types of matters we have handled include:
 

• Employment discrimination claims
• Wage and hour disputes
• Workplace harassment claims
• Retaliation claims
• Whistle-blower litigation and other wrongful discharge claims
• Disputes over non-compete agreements, and confidentiality/ trade secrets agreements
• Disability, family and medical leave claims
• Defamation, intentional infliction of emotional distress, fraud, tortious interference, invasion of privacy and negligent hiring and/or supervision claims
• Representing employers before the EEOC and state fair employment practices agencies
• ERISA litigation
• Service letter issues
• Representing employers in unfair labor practice and other NLRB matters, and in arbitrations
• Separation Agreements
• HIPAA and other workplace privacy issues

In addition, we know how to navigate the complex maze of state and federal statutes and regulations involving employment matters. Our attorneys have advised employers in crafting personnel policies, including the drafting of employee handbooks and on creating policies related to hiring and termination of employees. We also provide advice and on-site seminars about conducting employee investigations, handling terminations and minimizing the risks of litigation.

We are leaders in ALFA International’s Employment and Labor practice group. In addition, attorneys in our practice group have lectured on employment law matters before judicial and bar groups, and have published articles in professional journals.

For more information about our Employment & Labor practice contact Executive Committee Member John W. Cowden at 816.448.9347.

News & Events

Eisenberg to Serve as Course Book Editor for Upcoming ALFA EPLI Seminar

04.27.12 | BSCR attorney David Eisenberg is serving as the Course Book Editor for the 2012 ALFA International EPLI Seminar to be held in New York in June. The EPLI seminar is jointly sponsored by the Insurance, Labor & Employment and Professional Liability Practice Groups. . .

Eisenberg to Participate on ALFA International Client Seminar Panel

09.23.11 | At the 2012 ALFA International Client Seminar, David Eisenberg will appear on a panel that will discuss “Class Actions after Wal-Mart v. Dukes.” The seminar, hosted by the Labor & Employment Practice Group, is scheduled for March 8-11, 2012 at the Westin Kierland Resort & Spa in Scottsdale, AZ.

Rice to Co-Chair ALFA Joint Practice Group Seminar

07.20.11 | Thomas Rice is the program co-chair for the June 2012 ALFA seminar to be jointly sponsored by the Insurance, Professional Liability and Labor & Employment practice groups.

Eisenberg to Speak on Employment Discrimination Law

05.04.11 | On May 11, David Eisenberg will be one of four attorneys speaking at a full-day seminar on Employment Discrimination Law in Overland Park, Kansas. David’s portion of the seminar will cover best practices for avoiding discrimination and retaliation claims. . .

Rice and Eisenberg Serve as Regional Editors for State Employment Law Compendium

05.04.11 | Tom Rice and David Eisenberg are currently serving as a Regional Editors for the next edition of the ALFA State Employment Compendium. The Compendium will cover laws and significant developments on topics selected by the ALFA Labor & Employment practice group and will be published in advance of the 2012 ALFA International Client Seminar, at which the Labor & Employment group will be featured presenters. . .

Rice Speaks at ALFA Labor & Employment Seminar

12.01.10 | At the November 2010 ALFA Labor & Employment meeting in Dana Point, CA, Thomas Rice spoke on the topic of “Staying Ahead Of The Game: How Employers Can Cope With Changing Laws And Increased Regulatory Scrutiny”.

Eisenberg Co-Chairs ALFA Labor & Employment Program

07.01.10 | David Eisenberg served as Co-Chair of ALFA International's program titled "Employer Liability: Stemming the Rising Tide", in New York City, June 16-18. The program was attended by 180 lawyers and insurance professionals, and was co-sponsored by ALFA's Labor & Employment and Insurance Practice Groups. . .

Blog Posts

Eighth Circuit Disallows New Evidence from FLSA Plaintiffs, First Proffered in their Summary Judgment Opposition Papers, and Grants Summary Judgment

05.10.13 | When a plaintiff, in his summary judgment opposition papers, attempts to first introduce information that should have been part of his Rule 26 disclosures (or supplements to them), defendant should move to strike.

Kansas Supreme Court Clarifies Standard for Determining if an Injury Arose "Out of and in the Course of Employment", for Purposes of Workers Compensation Benefit

04.17.13 | The Kansas Supreme Court has recently clarified the legal standard for determining if an employee injury at a company-sponsored social event arose "out of and in the course of employment", thus making the employee eligible to receive Workers Compensation benefits.

FLSA Arbitration Clause that includes Class Action Waiver Held Enforceable by Eighth Circuit

04.03.13 | In Owen v. Bristol Care, Inc., 702 F.3d 1050 (8th Cir. 2013), the Eighth Circuit recently held that an arbitration agreement that included a class action waiver provision was enforceable under the Fair Labor Standards Act. In so ruling, the Eighth Circuit squarely rejected the NLRB’s holding in D.R. Horton that such waivers are unenforceable because they violate employee rights under Section 7 of the NLRA.

Burden of Proof in Retaliation Cases

03.20.13 | Employers around the country are eagerly waiting for the U.S. Supreme Court to rule on the appropriate standard of proof for Title VII retaliation claims, in University of Texas Southwestern Medical Center v. Nassar . What does this mean for Missouri employers? Less than you might think.

Chiefs Rally (in the courtroom)

03.11.13 | In the wake of the Chiefs’ recent courtroom setback in which their arbitration agreement with employees was held unenforceable (see post Kansas City Chiefs Start the Season 0-2), the Chiefs recently went to trial in an age discrimination case filed by a 61-year old maintenance manager with 12 years of service. . .

Kansas City Chiefs Start the Season 0-2

03.04.13 | On February 26, 2013, the Missouri Court of Appeals, Western District ruled on the cases of two former Kansas City Chiefs employees who had been terminated, and had filed complaints of age discrimination. In one case, the day after she was hired, the employee (a Community Relations Director) was directed to sign an agreement requiring that any dispute. . .

Non-Compete Agreements in Missouri: The Missouri Supreme Court (Once Again) Explains it All

12.21.12 | Those of us who practice employment law find ourselves, with increasing frequency, dealing with the preparation and negotiation of employee non-compete agreements, and the handling of disputes concerning such agreements. A “non-compete agreement” is any restrictive covenant entered into between employer and employee that restricts post-employment activities of the employee. . .