Cases
Experience: Affirmative Action Programs
DEI: For employers who are new to affirmative action obligations, as well as for established government contractors
/or subcontractors, Jon regularly guides clients in designing, implementing,
enhancing affirmative action programs to demonstrate compliance with the requirements of Executive Order 11246, Section 503 of the Rehabilitation Act of 1973,
Section 4212 of VEVRA. Jon also works actively on a privileged basis on providing advice
counsel to clients grappling with difficult applicant to hire, selection decision,
pay equity challenges. He actively defends government contracting clients facing OFCCP compliance reviews
other enforcement efforts, while guiding government contractors, both while under
not under audit, in the correct use of affirmative action plans as a management tool to enhance equal employment opportunity, focused always on achieving the collateral benefits of regulatory compliance
diminution in administrative charges.
Represented federal contractor facing OFCCP notice of violations involving asserted seven-figure liability for minority adverse impact from unvalidated tests. Negotiated OFCCP to resolution with no ongoing hiring obligations.
Represented federal contractor facing substantial pay equity challenges, on a privileged basis, to conduct multiple cohort analyses to explain pay disparities
to assess
recommend systemic
recordkeeping improvements to rectify
avoid ongoing pay equity issues.
Represented federal contractor in compliance review showing substantial female
minority hiring shortfalls
adverse impact in minority terminations. Brought OFCCP administrative closure of compliance review.
Engaged part-way through OFCCP compliance review where federal contractor had submitted compensation data to OFCCP showing significant gender-based compensation disparities. Brought OFCCP administrative closure of compliance review.
Counseled federal contractor in order to avoid continued multi-establishment targeting by OFCCP. Guided client through critical self-analysis
self-audit of affirmative action program to develop more effective monitoring
reporting systems to satisfy OFCCP enforcement initiatives.
Represented federal contractor facing OFCCP notice of violations involving gender-based adverse impact in hiring. Used Title VII damages
mitigation principles
related legal arguments to negotiate OFCCP down to appropriate, low-figure resolution.
Counsel to multiple new federal contractors in developing affirmative action programs to achieve voluntary compliance with changing OFCCP requirements, building human resources systems to support such programs,
training human resources personnel
managers to facilitate both the annual generation of affirmative action plans
the maintenance of a successful overall affirmative action program at a predictable
manageable yearly cost.
Traditional Labor: For employers who have unions, Jon works closely with clients on their labor relations, including collective bargaining negotiations, labor disputes,
resolution of grievances. He also represents clients with
without unionized workforces before the National Labor Relations Board in connection with representation cases
unfair labor practice charges. Finally, Jon counsels employers on best practices for the management of their unionized workforces.
Represents employers in collective bargaining negotiations for successive union agreements, working with management to achieve operational objectives in negotiations while keeping costs consistent with business needs.
Represents employers in defense of unfair labor practice charges alleging 8(a)(1)
8(a)(5) violations both in connection with union organizing campaigns
during collective bargaining negotiations.
Acts as counsel to engineering, health care,
construction employers in ERISA audit
collection disputes with union pension
health
welfare funds, defending funds' litigation
/or negotiating resolutions of such matters.
Represented a construction industry employer in connection with IRS
Department of Labor investigations arising out of claims by a health
welfare
pension fund of illegal subcontracting to evade ERISA obligations.
Represented a nationwide retailer relating to union misconduct during an election campaign petitioning the Seventh Circuit Court of Appeals to overturn a decision of the NLRB.
Acts as counsel to employers in the conduct of counter-organizing campaigns
representation cases before the NLRB, thwarting union efforts to organize
defending unfair labor practice charges arising from the campaigns.
Trains clients' union department heads
managers on administration of grievance procedures
establishment of 'just cause' to avoid/improve defense of arbitrations.
Represents employers evaluating the acquisition of union workforces, negotiating new collective bargaining agreements,
navigating successorship issues.
Employment Law Advice
Counsel, Management Training,
High-Stakes Investigations: For employers in numerous industries, Jon regularly provides advice
counsel to employers facing, among other difficult challenges: sexual
other harassment or discrimination complaints
mental health workplace violence
ADA accommodations issues
wage
hour issues
independent contractor/employee misclassification
payment system problems
the interplay among the ADA, FMLA,
workers' compensation laws. He regularly provides training on these topics to employer audiences ranging from highest level officers
boards of directors to entry level rank
file.
Designs
conducts trainings (including diversity, harassment, ADA
FMLA, USERRA, wage
hour, hiring, performance review
discipline
discharge, among others) for upper-
mid-level management for employers ranging from nationwide Fortune 500 companies to small employers operating at a single site.
Acts as counsel to employers to investigate
resolve claimed harassment of employees by high-level executives, supervisors
coworkers, residents, clients,
customers. Conducts sexual, racial, religious,
national origin harassment investigations, prepares or counsels employers on the preparation of investigation reports,
counsels on both specific
systemic measures to minimize the risk of lawsuits or liability.
Counsels employers with mentally disabled employees exhibiting potentially threatening behavior through all associated issues, simultaneously protecting the workplace
working through the ADA's interactive process to neutralize ADA litigation threats.
Counsels employers facing substantial productivity
operational challenges arising from rampant absenteeism
unpredictable intermittent leave usage to improve manager practices, procedures,
HR functions to more effectively manage
diminish operational disruptions from employee leave
disability issues
their effect on the workplace while still adhering to legal
regulatory requirements.
Designs, implements
works closely with employers to improve preventive human resources systems, including development of new employee-facing policies
HR/supervisor manuals, reworking of hiring
compensation practices, development
redevelopment of job descriptions, performance review systems
disciplinary procedures,
training of managers on all of the above, ending or substantially diminishing cycles of repeated grievances, administrative charges,
/or employment litigation against the employers.
The above representations were h
led by Mr. Zimring prior to his joining Greenberg Traurig, LLP.
