Employment & Labor Law

The experienced team of employment and labor lawyers at Moffatt Thomas is committed to providing our clients with timely, practical, and cost-effective solutions to their employment and labor problems.

Practice Profile

 

Our team of employment and labor law attorneys finds proactive and practical solutions to complex regulatory and other compliance issues to help employers avoid costly litigation.  If litigation does arise, the Moffatt Thomas team ensures an aggressive, competent defense in federal and state court, as well as before all administrative agencies.  Our lawyers are well recognized by their peers throughout the state of Idaho and beyond.

We regularly advise and represent employers in all areas of employment law, including matters involving:

  • Defense of claims under employment discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Americans with Disabilities Amendments Act (ADAAA), the Age Discrimination in Employment Act (ADEA), and the Idaho Human Rights Act (IHRA).
  • Advising clients regarding matters involving the Family Medical Leave Act (FMLA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Genetic Information Nondiscrimination Act (GINA), the Worker Adjustment and Retraining Notification Act (WARN), and other federal employment laws.
  • Consultation and documentation regarding employment terminations.
  • Wage and hour issues under the Federal Fair Labor Standards Act (FLSA) and the Idaho Wage Claim Act, including wage and hour audits by the Department of Labor (DOL).
  • Training for employers and/or management-level employees in any areas such as employee personnel files and recordkeeping, unlawful harassment and discrimination, discipline and performance-based systems, ADA and FMLA, and wage and hour compliance.
  • Review of existing employment policies, including employee handbooks and manuals.  Alternatively, we can provide assistance with drafting and revising a handbook.
  • Consulting, drafting, and enforcement of non-competition and non-solicitation agreements and protecting confidential company information and other trade secret information.
  • Drafting, consultation, and litigation regarding employment contracts and independent contractor and compensation agreements.
  • Advice and consultation regarding employee benefit issues, including retirement, deferred compensation, severance, health, and disability plans under the Employee Retirement Income Security Act (ERISA), and representation of employers, fiduciaries, and plan providers with regard to compliance and taxation matters.
  • Defense of enforcement actions under the Occupational Safety and Health Act (OSHA).
  • Defense of claims under the Idaho Employment Security Law (unemployment compensation).
  • Representation of employers in collective bargaining and adjustment of grievances and other traditional labor relations matters.
  • Strategic planning, formulation, and implementation of personnel policies.

Moffatt Thomas attorneys frequently appear before the federal and state courts, as well as before the Idaho Human Rights Commission (IHRC), the United States Equal Employment Opportunity Commission (EEOC), the Idaho and United States Departments of Labor, the Occupational Safety and Health Administration (OSHA), the National Labor Relations Board (NLRB), the Idaho Industrial Commission, the United States Court of Appeals for the Ninth Circuit, and arbitrators from the AAA and FMCS.


The firm’s Employment and Labor Law Practice Group provides our clients with regular updates on recent developments in employment and labor law by hosting Employment Law Breakfast Briefings, held twice a year.

Moffatt Thomas Employment Law Breakfast Briefing, June 7, 2016


Idaho State Council of SHRM and Moffatt Thomas present the 2016 Idaho Employment Law Conference on September 29 and 30, 2016.  http://www.moffatt.com/news-item/idaho-employment-law-conference-presented-moffatt-thomas-idaho-state-council-shrm/

 


 

DOL Has Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016


Moffatt Thomas serves on the Board of Directors of the Human Resources Association of Treasure Valley, a local chapter affiliate of SHRM (Society for Human Resource Management.)

 

Experience

  • Obtaining dismissal of a lawsuit against a major Idaho manufacturer, brought by the EEOC, alleging violations of Title VII of the Civil Rights Act, and an award of attorney fees against the EEOC
  • Representing a large high-technology company in what was one of the largest multiplaintiff disability discrimination lawsuits in the country
  • Obtaining temporary restraining orders enforcing covenants not to compete for various clients
  • Counseling and representing some of the largest retail, technology, and health care businesses in the state

News

2016 Idaho Employment Law Conference SHRM, presented by the Idaho State Council of SHRM and Moffatt Thomas

The Idaho State Council of SHRM and Idaho law firm, Moffatt Thomas, present the 2016 Idaho Employment Law Conference on Thursday September 29, 2016 and Friday, September 30, 2016.

Read More
C Clayton Gill

DOL Has Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016

DOL Has Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016. An update on overtime regulations by Moffatt Thomas attorney, C. Clayton Gill.

Read More

MOFFATT THOMAS EMPLOYMENT LAW BREAKFAST BRIEFING, JUNE 7, 2016

REGISTER TODAY! Moffatt Thomas Employment Law Breakfast Briefing: June 7, 2016
Human Resources Professionals may earn SHRM Professional Development Credits.
Attend in person in Boise (Moffatt Thomas offices), Pocatello (Moffatt Thomas offices), or Idaho Falls (Hilton Garden Inn).

Read More

Moffatt Thomas Attorney, C. Clayton Gill, Presenting to the Idaho State Bar Employment and Labor Law Section

Moffatt Thomas attorney, C. Clayton Gill, will present "Amendments to the FLSA Regulations" to the Employment and Labor Law Section of the Idaho State Bar on Wednesday, 1/27/2016.

Read More
Benjamin C Ritchie

Ben Ritchie Presents at 10/15/2015 SEI SHRM Conference: “The Interplay Among the ADA, FMLA, and Worker’s Compensation”

Moffatt Thomas attorney, Benjamin C. Ritchie, will present an employer seminar titled, “The Interplay Among the ADA, FMLA, and Worker's Compensation," at the Southeast Idaho SHRM Conference, October 15, 2015 in Idaho Falls, Idaho.

Read More
Gerald T Husch

Prevention of Unlawful Competition and Misappropriation of Intellectual Property by Current and Former Employees — ACC Webinar Presented by Moffatt Thomas, 9/1/2015

Moffatt Thomas presents a special CLE webinar for our guests and members of the Association of Corporate Counsel, Mountain West Chapter, "Prevention of Unlawful Competition and Misappropriation of Intellectual Property by Current and Former Employees." Tuesday, September 1, 2015

Read More

“An Update on the LGBT Front and Its Impact on Employers” Idaho Department of Labor Employer Workshop led by Moffatt Thomas attorney, C. Clayton Gill.

Moffatt Thomas attorney, C. Clayton Gill, presented an employer seminar titled, “An Update on the LGBT Front and Its Impact on Employers” at the Idaho Department of Labor, Canyon County Employer Association meeting in Caldwell on September 17, 2015.

Read More

Moffatt Thomas Attorneys Named By Best Lawyers® 2015

Eleven Moffatt Thomas attorneys were recently selected by their peers for inclusion in Best Lawyers in America© 2015 (copyright by Woodward/White, Inc., Aiken, SC), for their accomplishments in the fields of commercial litigation, banking and finance law and litigation, environmental law, bankruptcy and creditor rights, construction litigation, corporate governance law, employment law-management, insurance defense, medical malpractice law, professional malpractice defense, personal injury defense, mergers and acquisitions law, mining law, and real estate law.

Read More

MOFFATT THOMAS EMPLOYMENT LAW BREAKFAST BRIEFING, JUNE 2, 2015

Employment Law Breakfast Briefing: June 2, 2015
Human Resources Professionals can earn re-certification credit through SHRM.
Attend in person in Boise (Moffatt Thomas offices) or Idaho Falls (Hilton Garden Inn)

Read More

Moffatt Thomas Attorney Benjamin C. Ritchie Presents Employment Law Workshop (Terminations) for Idaho Department of Labor

Moffatt Thomas attorney, Benjamin C. Ritchie, presented an Employment Law Workshop: “Critical Facts You Need to Know Before Terminating an Employee,” at the Idaho Department of Labor Workshop for Employers in Idaho Falls on December 11, 2014.

Read More

“Social Media Issues for Employers” Idaho Department of Labor Employer Workshop to be led by Moffatt Thomas attorney, Benjamin C. Ritchie

Moffatt Thomas attorney, Benjamin C. Ritchie, will present an employer seminar titled, “Social Media Issues for Employers” at the Idaho Department of Labor Workshop for Employers in Idaho Falls from 11:00 a.m. to 12:30 p.m. on March 19, 2015.

Read More

Moffatt Thomas Attorneys Present at Idaho SHRM and Moffatt Thomas Employment Law Conference

Moffatt Thomas and Idaho State Council of SHRM present the 2014 Idaho Employment Law Conference.

Read More
Gerald T Husch

Gerald T. Husch, Moffatt Thomas Employment Law Attorney, Presents on Noncompete Agreements

Moffatt Thomas employment law attorney, Gerald T. Husch, presenting "Noncompete Agreements" to the MBA program at Boise State University, September 2014.

Read More

Family and Medical Leave Act Workshop – Moffatt Thomas Attorney Ben Ritchie to Present at Idaho Department of Labor

Moffatt Thomas attorney Ben Ritchie will provide current information for employers regarding the Family and Medical Leave Act (FMLA) at the Idaho Department of Labor workshop in Idaho Falls on October 9, 2014.

Read More

Moffatt Thomas presents: Employment Law Breakfast Briefing

Employment Law Breakfast Briefing, 12-09-2014
Although there is no cost to attend, invitees are encouraged to preregister in order to reserve a seat at this popular event!

Read More

Moffatt Thomas Named 2014 “Best Law Firm” by Best Lawyers

Moffatt Thomas is ranked Tier 1 in Best Lawyers 2014 publication for the practices of Commercial Litigation, Corporate Law, Employment […]

Read More

Workers’ Compensation Workshop at Idaho Department of Labor led by Moffatt Thomas Attorneys David Gardner and Ben Ritchie

Idaho Department of Labor Employer Workshop on Workers' Compensation will be led by Moffatt Thomas attorneys, David Gardner and Ben Ritchie.

Read More

Moffatt Thomas Lawyers Included in 2014 Best Lawyers Publication

Moffatt Thomas has once again had attorneys selected for inclusion into the publication Best Lawyers in America (Copyright 2012 by Woodward/White, […]

Read More

Moffatt Thomas Recipient of The Luke Award

St. Luke’s Health Foundation and St. Luke’s Children’s Advisory Board presented Moffatt Thomas with The Luke Award at a reception […]

Read More

Moffatt Thomas Partners Selected as 2014 Best Lawyers of the Year

Congratulations to Moffatt Thomas’s attorneys who have been recognized by Best Lawyers as the Best Lawyer Of The Year in their […]

Read More

Moffatt Thomas Earns Top Honors for Employment & Labor Law from Chambers & Partners 2015

Idaho law firm, Moffatt Thomas earned top-tier honors for its Employment and Labor Law practice in the latest guide produced by Chambers USA, America’s Leading Lawyers for Business. In addition to earning top-tier recognition in Employment and Labor Law, Moffatt Thomas was listed as a leading firm in four additional categories: (1) Bankruptcy/Restructuring, (2) Corporate/Commercial, (3) Litigation:- General Commercial, and (4) Natural Resources and Environment.

Read More

MOFFATT THOMAS EMPLOYMENT LAW BREAKFAST BRIEFING, December 1, 2015

Moffatt Thomas Employment Law Breakfast Briefing: December 1, 2015
Human Resources Professionals earn SHRM Professional Development Credits.
Attend in person in Boise (Moffatt Thomas offices), Pocatello (Moffatt Thomas offices), or Idaho Falls (Hilton Garden Inn).

Read More

Idaho Law Firm, Moffatt Thomas, Ranked Among the Nation’s 2016 “Best Law Firms” by U.S. News

Moffatt Thomas has been named one of the nation’s “Best Law Firms” for 2016 from the publishers of U.S. News […]

Read More

Moffatt Thomas Presents “Domestic and International Data Privacy Laws”

Moffatt Thomas and the Association of Corporate Counsel Mountain West Chapter present "Domestic and International Data Privacy Laws," a webinar on August 12, 2014.

Read More

Employment Law News Update – NLRB Decision: joint employment relationships between employers, August 27, 2015

The NLRB has, in a significant decision, greatly expanded the situation where a joint employment relationship can exist between employers. Under the new standard, the NLRB may find that two or more employers are joint employers of the same statutory employees if they “share or codetermine those matters governing the essential terms and conditions of employment.”

Read More
Benjamin C Ritchie

Benjamin C. Ritchie, Moffatt Thomas, Presents “Correct Hiring Practices” at Idaho Department of Labor Employer Workshop

Moffatt Thomas attorney, Benjamin C. Ritchie, presents "Correct Hiring Practices" at Idaho Department of Labor Employer Workshop, Idaho Falls Office, June 9, 2016.

Read More

Moffatt Thomas Attorney Benjamin C. Ritchie Awarded Denise O’Donnell Day Pro Bono Award

Moffatt Thomas attorney Benjamin C. Ritchie has been selected by the Idaho State Bar for the Denise O’Donnell Day Pro Bono Award. Award winners were selected for their extraordinary time and effort to resolve legal issues for low-income clients.

Read More
Patricia M Olsson

Patricia M. Olsson, Moffatt Thomas Attorney, Idaho Business Review 2016 Women of the Year Honoree

Moffatt Thomas attorney, Patricia M. Olsson, honored as one of 50 women award recipients at the February 25th IBR Women of the Year Gala.

Read More

Resources

C Clayton Gill

Minority Shareholder Oppression – an Equitable Remedy for a Wrongfully Terminated Owner in a Closely Held Company – C. Clayton Gill

Terminating the employment of a minority shareholder without just cause may result in unintended and significant cash flow consequences for majority shareholders. This article will address a new equitable cause of action, minority shareholder oppression, and how to avoid claims for minority shareholder oppression through carefully drafted agreements. Written by C. Clayton Gill, Moffatt Thomas. Published in the Idaho State Bar periodical, The Advocate, May 2017.

Read More

Idaho State Council of SHRM and Moffatt Thomas present the 2016 Idaho Employment Law Conference

Idaho State Council of SHRM and Idaho law firm, Moffatt Thomas, presented the 2016 Idaho Employment Law Conference on September 29 and 30, 2016. Presentations are available for download.

Read More
Gerald T Husch

New Federal Trade Secret Law Affects Idaho Employers, Gerald T. Husch and Andrea J. Rosholt

Employers are revising their agreements with employees as a result of the recently enacted federal Defend Trade Secrets Act, or DTSA, of 2016. Those revisions will affect agreements, such as confidentiality and non-disclosure agreements, that restrict an employee’s use or disclosure of their employer’s or another’s confidential information or trade secrets.

Read More
C Clayton Gill

DOL Has Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016

DOL Has Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016. An Employment Law update by Moffatt Thomas attorney, C. Clayton Gill.

Read More

Moffatt Thomas 2016 Employment Law Breakfast Briefing

Moffatt Thomas Employment Law Breakfast Briefing
June 7, 2016
Boise, Idaho Falls, Pocatello

Read More
Patricia M Olsson

The NLRB Decision and Idaho Employees, Patricia M. Olsson

By changing the definition of “joint employer,” the NLRB opens the door for attacks on franchisors by franchisees, by temporary employees against the employer contracting with the temporary staffing agency, and by independent contractors against the entity engaging their services.

Read More
Patricia M Olsson

NLRB Decision: joint employment relationships between employers; 8/27/2015

Employment Law News: NLRB’s Decision in Browning-Ferris Industries of California, Inc., Case 32-RC-109684, August 27, 2015

Read More
C Clayton Gill

Are Your Clients Ready for a Wage and Hour Audit?

Why should your client care about a DOL audit? First, the DOL can order your clients to pay a double damage penalty for failing to comply with the law. Second, owners and managers can be held personally liable for unpaid wages.

Read More
Benjamin C Ritchie

Family and Medical Leave Act Workshop – Idaho Department of Labor: FMLA presented by Moffatt Thomas Attorney, Ben Ritchie

Family and Medical Leave Act Workshop for the Idaho Department of Labor: Family Medical Leave Act (FMLA) presented by Moffatt […]

Read More
Mindy M Muller

EEOC opens the door to employer-sponsored wellness programs, by Mindy (Willman) Muller

The EEOC's proposed rule on employer-sponsored wellness plans is not yet final, and the public now has an opportunity to comment on the rules….Comments on the proposed rules must be received by the EEOC on or before June 19, 2015.

Read More
Mark C Peterson

The Intersection of Leave Issues Under Workers’ Compensation, FMLA and ADA

The Intersection of Leave Issues Under Workers’ Compensation, FMLA and ADA by Gerald T. Husch and Mark C. Peterson Presented […]

Read More
C Clayton Gill

Update on Gay and Lesbian Marriage Cases and Impact on Idaho Employers

The United States Supreme Court will hear four cases that address state laws that ban same-sex marriage or recognition of a same-sex marriage performed in another state or jurisdictions that allow same-sex marriages…

Read More
Patricia M Olsson

The ACA: Preparation for 2015

The ACA: Preparation for 2015, by Patricia M. Olsson Presented at 2014 Idaho SHRM Conference “Stepping Up and Reaching Out” […]

Read More
Patricia M Olsson

Electronic Device Work-Place Policies: One Size Does Not Fit All

Electronic Device Work-Place Policies: One Size Does Not Fit All, by Patricia M. Olsson Presented at 2014 Idaho SHRM Conference […]

Read More
Gerald T Husch

What Every Employer Needs To Know Before Terminating An Employee

What Every Employer Needs To Know Before Terminating An Employee, by Gerald T. Husch Presented at 2014 Idaho SHRM Conference […]

Read More
C Clayton Gill

An Employment Law Update on Gay and Lesbian Rights

“An employment law update on gay and lesbian rights,” published in the Idaho Business Review on May 21, 2014, by […]

Read More

Employment Law Breakfast Briefing – December 2013

Confidentiality of Personal, Company and Customer Information: HIPAA and Beyond by Patricia M. Olsson Download PDF Employment Law Updates by […]

Read More

Use of Social Media in Employee Background Checks

Use of Social Media in Employee Background Checks, by Bradley J Williams Presented at 2014 Idaho SHRM Conference “Stepping Up […]

Read More

Employment Law Breakfast Briefing – June 2013

Recent Developments in Employment Law by Patricia M. Olsson Download PDF Medical Examinations and Medical Certifications Under the ADA and […]

Read More

Employment Law Breakfast Briefing – December 2012

2012 Updates in Employment Law by Gerald T. Husch Download PDF Practical Suggestions for Electronic Device and Internet Use in […]

Read More
C Clayton Gill

Society for Human Resource Management Employment Law & Legislative Conference – September 2012

Prudent Hiring and Termination Practices – A Lawyer’s Perspective by C. Clayton Gill Download PDF Addressing Current FLSA Challenges While […]

Read More

Moffatt Thomas 2015 Employment Law Breakfast Briefing

Moffatt Thomas Employment Law Breakfast Briefing
June 2, 2015
Presentation Resources will be available to attendees at the seminar

Read More
C Clayton Gill

SHRM Employment Law & Legislative Conference

Tips for Avoiding the Often Forgotten Retaliation Claim, by C. Clayton Gill Download PDF Significant Developments in the Wage and […]

Read More

Employment Law Breakfast Briefing – December 2011

Wage and Hour Employment Law Update by C. Clayton Gill Download PDF

Read More

Employment Law Breakfast Briefing – December 2010

2010 Employment Law Updates, by C. Clayton Gill Download PDF

Read More
Patricia M Olsson

Affordable Care Act Responsibilities for Employers

Affordable Care Act Responsibilities for Employers – Presentation to the State and Local Government Section of the Idaho State Bar, […]

Read More
C Clayton Gill

Headline News 2014 Civil Law Update

Headline News 2014 Civil Law Update, by C. Clayton Gill CLE presentation for the Idaho State Bar. Download PDF

Read More

Stepping Up and Looking Out

2014 Idaho SHRM and Moffatt Thomas Employment Law Seminar Notebook Download PDF

Read More
Patricia M Olsson

Confidentiality of Personal, Company, and Customer Information: HIPAA and Beyond

Confidentiality of Personal, Company, and Customer Information: HIPAA and Beyond, by Patricia M. Olsson Download PDF

Read More