Aiken Schenk

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Employment Law

For Employers

 

Aiken Schenk is a Best Law Firms®
Metropolitan Tier 1 (Phoenix) Honoree for
Labor & Employment Litigation

J. Burr Shields II

The Best Lawyers in America: “Lawyer of the Year,” Employment Litigation (Phoenix), 2016

The Best Lawyers in America: 2009-2017

Chambers and Partners, 2015-present

AV Preeminent Peer Rating, Martindale-Hubbell®

Michael J. Petitti

The Best Lawyers in America®: “Lawyer of the Year,” Employment Law - Individuals (Phoenix), 2017

The Best Lawyers in America: 2005-2017

Super Lawyers: 2007-2017

AV Preeminent® Peer Rating, Martindale-Hubbell®

Employment and Labor Law Section, State Bar of Arizona: Past Chair

"Arizona Employment Law Handbook" (Chapter Editor), 2015 Edition, State Bar of Arizona

Who's Who in American Law: 2001-2017

National Employment Lawyers Association

Arizona Employment Lawyers Association

Employment Law Articles

"New Arizona Law Brings Clarity to the Use of Independent Contractors," September 2016

"'Deflategate': Brady, the NFL, and a Primer in Labor Law," August 2015

"Analyzing Employment Claims: Frequent Issues" (presentation outline), 2013, 2014

"Drug and Alcohol Testing in Arizona: The Plaintiff’s Perspective," Arizona Attorney, State Bar of Arizona, December 1994

State of Arizona Resource

Employers and employees alike often find value in a State Bar of Arizona resource, Your Rights as an Employee, which covers issues from at-will employment and employment contracts to wage and hour issues, overtime, discrimination, and other employment issues that give rise to employee claims and government regulatory action.

 

Employment law attorneys

Phoenix Employment Lawyers - for Employers

Aiken Schenk employment law attorneys Michael Petitti, Burr Shields, Erin Hertzog and Natalie Virden advise and defend employers in virtually all aspects of labor and employment law, human resources management, regulatory compliance, administrative proceedings and employment litigation.

Employer Protection and Advocacy

Our attorneys' experience in advising employees also adds value to their representation of employers in a wide variety of labor, employment and human resource management issues, with industry-specific knowledge of healthcare.

We help employers avoid employee-related disputes through:

  • informed review of their employee policies, manuals and handbooks;

  • guidance in employee recruiting, interviewing, hiring, discipline and termination; and

  • drafting of enforceable employment contracts, including non-compete agreements, such as trade secret protection, customer list protection, and other restrictive covenants.

The scope of our employer representation includes:

  • counseling employers in regard to all labor and employment matters;

  • defending employers in the litigation, arbitration and mediation of employee claims; and

  • representing employers in regulatory matters and administrative claims pending before the Equal Employment Opportunity Commission, Civil Rights Division of the Attorney General’s Office, the National Labor Relations Board and the United States Department of Labor.

Areas of Experience

  • ADA compliance

  • Civil Rights Act compliance

  • Discrimination claims: age, gender, race, disability and other protected categories

  • Employee benefits, including health and disability insurance

  • Employee manuals and policies

  • Employment contracts, non-compete clauses and other restrictive covenants

  • Family Medical Leave Act (FMLA) compliance

  • Investigations into employee claims

  • Layoffs and reductions in force (RIFs)

  • Misclassification of employees as independent contractors

  • Pension and retirement benefits

  • Recruiting and hiring practices

  • Representation before the EEOC and other federal and state agencies

  • Wage disputes, including wage-and-hour and overtime requirements governed by the Fair Labor Standards Act (FLSA)

  • Unemployment insurance claims

  • Union/management issues

  • Whistleblower issues

  • Worker safety claims and compliance

  • Wrongful termination claims