Smooth Operator – Managing an Operating Business Successfully
Brody and Associates Brochure - Attorney Advertising
1. BRODY AND ASSOCIATES, LLC
Counselors At Law
BRODY AND ASSOCIATES, LLC
Management’s Partner
in the Workplace
Counselors At Law
2. BRODY AND ASSOCIATES, LLC
Counselors At Law
Advocates for Management in Labor and Employment Law Nationwide
Teamwork is essential for your business to succeed. Teamwork between your company and its chosen
counsel is equally essential. As a leader in Labor and Employment Law, Brody and Associates, LLC
is dedicated to helping you meet the challenges presented by the modern day work environment.
We partner with our clients, understand their business and critical goals, and immediately respond
to their needs. We help companies reach legal compliance in all workplace matters, achieve positive,
constructive employee relations and improve profitability.
3. Brody and Associates practices Labor and Employment Law on behalf of Management. Fundamentally,
we assist Management in any matter that involves its employees. We provide guidance for employers
with unionized and/or union-free facilities, furnish day-to-day counsel on all employment-related
matters, and represent employers in all Federal, State, and Local courts and administrative agencies.
Brody and Associates partners with Management to:
• Increase company profit by maximizing employee performance, relations and productivity. A satisfied
employee is a productive employee.
• Ensure compliance with all Labor and Employment Laws.
• Create and maintain an issue-free environment where employees turn to the company for help—
and not to “outsiders” such as the courts, unions, and government agencies.
• Avoid costly defense of employment-related complaints that deplete companies of valuable management
time, resources and capital.
• Provide outstanding legal services with an eye toward cost containment.
Our Practice
4. Labor Law
• Counsel on all Federal, State
and Local Laws
• Supervisory Skills Training
• Counsel on Union Organizing
• Audit Human Resource Practices and then
Recommend Customized Best Practices
• Union Representation and Decertification
Elections
• Representation at Trials and Investigations
before the National Labor Relations Board
• Collective Bargaining (at the table or behind
the scenes and through interest-based techniques)
• Contract Administration
• Grievances
• Arbitration
Employment Law
• Representation in Federal, State and Local Courts
in all Employment Related Litigation
• Representation before All Federal, State and
Local Civil Rights Agencies
• Counsel on Daily Employment Issues
• Development of Employee Handbooks, Supervisor
Policy Guides and other Workplace Policies
• Compliance with the new Wage and Hour
Regulations Regarding Classification of Employees.
• Compliance with the Uniform Services Employment
and Reemployment Rights Act of 1994.
• Timely Guidance on the Constantly Shifting
Interpretation and Regulations of the Family
and Medical Leave Act and other Emerging
Employment Laws.
• Compliance with Federal and State Wage and
Hour Laws and Representation at Audits
• Supervisory Skills Training
• Counsel on all Federal, State and Local
Employment Laws
Our Areas of Expertise
5. Our Employment Law and
Employee Relations Practice
Too often, employers are confronted by legal challenges involving sexual harassment charges, drug testing,
disability, age and other forms of discrimination, wrongful discharge claims, privacy rights issues, wage and
hour violations, and a myriad of other serious workplace issues. These are expensive, time-consuming matters
that take Management away from the pivotal responsibility of operating a successful business. They are
bad for business—and bad for the company’s bottom line.
Serving as advisors and litigators, Brody and Associates partners with Management to identify problem areas
before they become costly matters. We help companies implement preventative strategies and solutions.
We guide clients to legal compliance and help them make informed employment decisions. We also devote
a significant amount of our resources to education. Brody and Associates trains supervisors to comply
with all applicable laws and regulations, avoid workplace disputes and resolve employee relations problems.
Although every effort is made to avoid litigation of these matters, in today’s litigious society, it is an
unfortunate truth that regardless of the preventive strategies implemented, these problems often dissolve
into full blown grievances, charges or lawsuits. When it does, clients are reassured knowing we have a
proven track record of aggressively defending our clients at trial in Federal or State courts, or before State
Agencies, arbitrators and mediators. Brody and Associates is a strong advocate for Management nationwide.
6. • Discrimination Cases: We obtained a summary judgment dismissal of a Title VII
sexual harassment case in Federal court. For this Indiana client, the victory prevented
a trial, saving thousands of dollars, hundreds of hours of business disruption, and
eliminated the potential for bad publicity.
• Strategic Consulting: An Ohio client called on us to revive its failing Human Resources
function. We introduced a peer review system, revised workplace policies and rules, drafted
a detailed supervisory guide, and conducted extensive management skills training.
The result: after only five months, operations and profitability measurably improved.
• Labor Complaints: We convinced the Connecticut Department of Labor to dismiss
a case scheduled for a public hearing based on the claimant’s grossly uncooperative
attitude – without any personal appearances.
• Contractual Enforcement: We successfully enforced a national client’s No-Solicitation
Agreement before a New Jersey Trial and State Appellate Court. We obtained a
preliminary injunction that not only prohibited solicitation of our client’s current
employees, but also of employees who recently resigned.
• Union Issues: We forced the UAW to withdraw with prejudice from an FMLA case
filed in Federal Court in Illinois. This case was unique because it established the
union lacked standing to file an FMLA claim against an employer.
• Frivolous Suits: A Connecticut client faced two lawsuits without merit. We used the
Connecticut local court rules prohibiting frivolous lawsuits to convince the plaintiff
to dismiss the cases without ever appearing in Court.
• Complex Suits: We resolved a federal age discrimination case involving a CEO and
four defendants from several countries spanning three continents.
Brody and Associates: Recent Employment Relations Victories
7. • Defeated a unionizing drive at a major utility company.
• With our counsel, our client defeated an IUE union drive in Indiana 218 to 106.
• We counseled a West Virginia client through the successful decertification of the IBEW after more
than 30 years of union representation.
• After twelve months of negotiating with the UAW in Chicago, we prepared our client for a strike
that failed after less than seven days. This was immediately followed by the employees’ rejection of
the union and the company’s return to union-free status.
• After less than two hours of work, we obtained the withdrawal of an Unfair Labor Practice Charge
filed at the National Labor Relations Board’s Indianapolis office (some of our biggest victories cost
our clients the least).
• A unionized, New York client discharged an employee for fighting. We were able to uphold the
discharge in arbitration, even though the fight was not directly on the premises, and the supervisor
involved testified that the discharge was too harsh.
Our Labor Law and
Labor Relations Practice
Union activity is not only disruptive, but creates a wall between Management and employees that
ultimately damages productivity and profitability. Because union activity is on the rise, many companies
turn to Brody and Associates for tactical approaches to remain union-free. As a forceful advocate for
Management, Brody and Associates provides effective counsel to maintain union-free status along
with immediate strategies to defeat the threat of union organizing. If a union election petition is
filed, we commit all necessary resources to support our client through this crisis.
For unionized clients, our experience enables us to provide aggressive and direct counsel in collective
bargaining and contract administration, improved relations with unions, strike preparation, Unfair
Labor Practice allegations before the National Labor Relations Board, and resolving grievance and
arbitration proceedings. Protecting the rights of Management is our ultimate concern.
Brody and Associates: Recent Labor Victories
8. Brody and Associates understands the premise of business is to promote profitability by keeping
productivity up—and costs, such as legal fees–down. We are committed to providing legal services as
economically as possible, without compromising quality and effectiveness. We work just as diligently
to control costs as we do to resolve the matters we handle on your behalf.
Client Management Services: We assign one attorney to act as the primary client contact, who is
part of a team of attorneys with specific areas of expertise and an administrative staff capable of large
workloads. This model maximizes client service and attention, but eliminates unnecessary fees.
Cost/Value Analysis: Routinely, we evaluate, along with our clients, the practical, business value
of our strategies relative to the fees they are paying. This is a critical tool to ensure client fiscal and
performance satisfaction throughout our relationship.
A Cost-Sensitive Approach: We have many policies and infrastructures that are designed with
cost containment in mind:
• We only pursue a course of action after the client is informed, involved, and in agreement.
There are no surprises—and no hidden fees.
• While our attorneys are available around the clock to handle emergencies, we don’t bill clients
for attorney travel time outside the 8:00 AM to 6:00 PM work day.
• There are no premium rates for extraordinary services in a crisis.
• By limiting our practice to Labor and Employment Law, our library resources, legal retrieval
system, and forms files are streamlined and highly efficient.
Monthly Advance Discount Program: MAD is a discounted fee arrangement that provides a
fixed number of hours for professional services at a substantially reduced rate. Unused hours are carried
forward and accumulated for later use and can be applied toward any matter, or a special project
such as management seminars. Not only is MAD a reliable cost containment strategy, it encourages
our clients to address and resolve issues as they occur, before they erupt into big and costly problems.
Our Fees
9. Brody and Associates is mindful that our clients have options for legal services and know we must
continue to provide the personal attention and high caliber of legal representation for which we are
known. Our reputation has grown with our experience and success. It is with great pride that we can
say our clients like and respect us. Here are just some of the reasons:
There when you need us: We carefully monitor workload, and are always ready in anticipation of
a crisis. So when emergencies arise, you can be assured that you will have all the resources you need
at your disposal whenever you need them. You can count on us.
Individualized focus to meet the needs of each client: Every company has different goals to
accomplish. We work to reach those goals with employers of all sizes in a variety of ways. For some
of our larger clients, we are retained as an extension of their in-house Legal and Human Resource
Departments. Our smaller clients benefit from our full-service Labor and Employment Law counsel.
All of our clients benefit from our strong ethical stance, our expertise in all legal matters relating to
the workplace and our commitment to being fiscally responsible.
No downtime: We have the knowledge, experience and professional network to represent clients
throughout the U.S. With advanced technology, we can research from our office, homes, and hotels—
even in the air—while maintaining constant contact with clients and with each other. Our commitment
to providing enhanced communication through advanced technology keeps costs down while assuring
maximum output from our Firm and for our clients.
Constant Legal Updates: Brody and Associates constantly updates its clients on the latest developments
in Labor and Employment Law. Every month we update our website, www.brodyandassociates.com,
with the latest rules, regulations, statutes and case law. When a matter of great significance occurs,
we send special update e-mails to our clients and friends. Our practice is designed to make sure
everyone knows all the latest developments affecting their relationship with their employees, so that
Management can use the information to its advantage, rather then defensively avoiding violations.
We define our success by meeting each client’s needs and objectives, helping them to circumvent
problems, responding to emergency situations, and developing solutions that allow your company and
your employees to reach maximum potential. We look forward to partnering with you in your efforts
to build a productive and profitable workplace.
Our Commitment
10. BRODY AND ASSOCIATES, LLC
Counselors At Law
Offices in Connecticut and New York
TEL: 203.965.0560 • TEL: 212.564.7399
E-Mail: info@brodyandassociates.com
Website: www.brodyandassociates.com