Photo of Joel R. Hlavaty

Joel focuses his practice on the representation of management in all phases of labor relations and employment litigation. He routinely advises employers on all aspects of their relationships with employees, as well as with respect to matters concerning litigation prevention and human resources management, and he regularly defends them in federal and state courts of all jurisdictions on claims arising under the various federal and state labor and employment laws. Joel additionally represents employers with respect to complaints and charges filed with the EEOC and OCRC, NLRB, and SERB, and with OSHA and the DOL, as well as with health care and ERISA issues and complaints, and collective bargaining issues and strike disputes. Joel is also a frequent presenter at seminars and management training programs on a wide variety of topics.

Since at least 1978 when the U.S. Equal Opportunity Commission (“EEOC”) issued guidance on hiring tools, employers have known that they need to analyze carefully any testing procedures they utilize to screen potential employees and current employees in order to ensure that they are properly validated and do not discriminate against individuals or protected classes

Shortly after taking office in January, 2021, President Biden created the White House Task Force on Worker Organizing and Empowerment. The Task Force’s mission is to develop policies, programs and practices to promote worker organizing and collective bargaining. It is chaired by Vice President Harris, its vice chair is Labor Secretary Marty Walsh, and its

As we all know by now, on November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) to protect workers in businesses with more than 100 employees from the Coronavirus, and on November 6, 2021, the Fifth Circuit Court of Appeals stayed enforcement of the ETS. B.S.T. Holdings, LLC,

Employment practices liability insurance policies, commonly referred to as EPLI, provide protection against large jury verdicts rendered in cases involving employment discrimination, harassment and other employment law violations. These policies also typically call for insurers to pay the costs of defense counsel in excess of the employer’s retention.

While these policies may indeed provide significant

Section 7 of the National Labor Relations Act (“NLRA”) protects employees who engage in concerted activity. Since the Atlantic Steel case in 1979, the National Labor Relations Board (“NLRB” or the “Board”) has applied a four-part test to determine whether that protection extends to offensive language, often times finding offensive speech to be protected on

On May 30, 2019, the Office of Labor-Management Standards (“OLMS”) within the U.S. Department of Labor issued a notice seeking comments on a proposed rule that would require labor organizations to submit annual financial reports for trusts in which the labor organization has an interest.

The OLMS oversees the financial disclosure statements required of labor

Private employers with more than 100 employees previously have been required to report workforce data across 10 job categories broken down by race, gender and ethnicity. The data is reported annually by October 1 to the U.S. Equal Employment Opportunity Commission (“EEOC”) on the EEO-1 form, which currently comprises one page for each facility of

On September 14, 2018, the National Labor Relations Board published a new proposed rule that attempts to reverse the joint-employer rule created in the Board’s Browning-Ferris Industries decision of 2015. (Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015). On December 10, 2018, the Board issued a notice that it was extending until