Labor and Employment

Quintairos, Prieto, Wood & Boyer, P.A. represents clients in state and federal courts at the trial and appellate levels in multiple jurisdictions throughout the United States. Attorneys in the Labor and Employment Practice Group also appear before state and federal agencies in litigation, administrative hearings, arbitrations and mediations.

Our clients range from Fortune 500 companies to start ups and governmental entities of all sizes. We represent clients in various industries including:

  • Retail
  • Hospitality and Restaurants
  • Construction
  • Information Technology
  • Financial Services
  • Insurance
  • Governmental
  • Non-Profit Organizations
  • Healthcare
  • Higher Education

 

Labor Law

Our attorneys have experience representing and counselling employers with respect to issues involving the National Labor Relations Act. Our firm offers the following services related to labor law:

  • Counselling of employers with respect to union-avoidance issues in order to maintain a union free work zone
  • Negotiation of collective bargaining agreements
  • Litigation of unfair labor practices before the National Labor Relations Board (“NLRB”)

 

Employment Law

Our employment law attorneys include individuals with vast experience in employment law and litigation in matters involving:

  • Employment discrimination claims (EEO claims) under federal and state laws including but not limited to Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Florida Civil Rights Act, and other state employment discrimination laws
  • Disability claims and workplace accommodation disputes under the Americans with Disabilities Act (ADA)
  • Employment contracts and unemployment compensation matters
  • Independent Contractor/Employee Relations
  • Overtime and wage disputes under the Fair Labor Standards Act (FLSA) and state labor laws
  • Family and Medical Leave Act (FMLA) claims
  • Internal Fraud, Embezzlement, and Security Breaches
  • Employee Investigations and Compliance Reviews
  • Whistle blower claims
  • Privacy, Defamation and Internet Access, Usage and Security
  • Workers’ compensation and workplace safety matters including those governed by the Occupational Safety and Health Act (OSHA), and Federal and State environmental laws
  • Worker Adjustment and Retraining and Notification Act (WARN) claims
  • Employment at will and related contractual and tort claims
  • Sarbanes-Oxley
  • Employment Retirement Income Security Act (ERISA)
  • FINRA and AAA arbitrations for ERISA, Discrimination and Employment Contract Disputes

Our attorneys also offer a great variety of employment law services such as:

  • Day to day counselling of employment law issues
  • Workplace investigations, internal compliance and Department of Labor audits
  • Policy drafting (i.e. employment handbooks,  equal opportunity, discrimination, harassment, social media/technology, privacy, speech, union free, sick leave, reasonable accommodation, vacation leave, FMLA, retaliation policies)
  • Drafting and review of employment notifications, documentation practices and contractual agreements
  • Employment law trainings
  • I-9 compliance counselling

Many employment issues center around workplace culture. Implementing internal policies and procedures is important to employers and employees in communicating and operating consistent with that culture. Our attorneys have corporate governance and compliance experience in specialized areas that affect a wide array of businesses and industries, including:

Cybersecurity, the Foreign Corrupt Practice Act, Corporate Ethics, Director/Officer/Agent and Independent Contractor Duties, Corporate Governance and Best Practices, Healthcare Compliance, U.S. Patriot Act/Know Your Customer Policy.

We litigate these matters where needed, and otherwise work efficiently to mediate, arbitrate or otherwise promptly resolve sensitive disputes that can interrupt the workplace. Our attorneys also provide workplace and governance training for the benefit of employees, management, board of directors or other key decision-makers and stakeholders in a company, tailored to specific employment needs.

 

Business Immigration Law 

Our firm also offers business immigration services to our clients.  The firm can assist businesses applying for the following visas:

    Non-Immigrant Visas

  • H-1B Visas ― Allows people in occupation that require highly specialized knowledge temporary work visas.
  • H-1C Visas ― Allows foreign nurses to enter the U.S. to work in medically underserved areas up to three (3) years.
  • H-2A/H-2B Visas ― Seasonal agricultural and temporary non-agricultural workers.
  • H-3 Visas ― This program allows non-medical and non-academic trainees to receive practical education and training.
  • E-1/E-2 Visas ― Visas for treaty investors and treaty traders for citizens of certain countries.
  • L Visas ― For intercompany transferees who have been employed abroad continuously for one (1) year during the past three (3) years and who will be temporarily employed by the same employer as a manager, executive, or has specialized knowledge capacity.
  • O- Visas ― Applies to people of extraordinary ability who will be working in the U.S. temporarily.

   Immigrant Visas

  • EB-1 ― Applies to persons of extraordinary ability in sciences, arts, education, business or athletes as well as certain managers, business executives, investors and religious workers.
  • EB-2 ― Visas for professionals with a master’s degree or higher who can demonstrate that their work is in the national interest thereby waiving the labor certification requirement or can show through labor certification that there are no U.S. workers able, willing, qualified or available for the position.
  • EB-3 ― Visas for other professionals, skilled or other workers who can demonstrate, through the labor certification requirements, that there are no U.S. workers able, willing, qualified or available for the position.
  • EB-4 ― Applies to religious workers and other special programs to obtain permanent residency.
  • EB-5 ― Investors – this program allows persons who invest $500,000 in a rural area or area of high unemployment or $1,000,000 anywhere else in a new commercial enterprise that employs 10 U.S. workers to obtain conditional residency.
  • P Visas ― Applies to professional athletes, artists and entertainers.
  • R Visas ― For persons entering the U.S. to work in a religious capacity.