Roger has represented employers in virtually all aspects of the employment relationship. He is an experienced litigator in both State and Federal Courts as well as before the National Labor Relations Board and the Occupational Safety and Health Review Commission. He has assisted clients in union election campaigns, and has developed policies and procedures to assist employers in maintaining their non-union status. For those clients that are unionized, Roger advises and assists in the negotiation of union contracts, and arbitrations arising from those contracts. His practice also includes advising and defending clients on compliance with various employment-related matters; drafting employment agreements, employee handbooks; and employment policies. He frequently conducts management training on the subjects of discrimination, harassment, the Americans with Disabilities Act, the FMLA, discipline investigations, and maintenance of non-union status.
Roger is also an experienced Mediator and Arbitrator with an emphasis on employment disputes. He has mediated disputes to resolution in both State and federal courts and is a listed Arbitrator with the American Arbitration Association as well as the Financial Industry Regulatory Authority (FINRA).
Roger has been a shareholder in McGrath North since 1984.
Reduction in Force/Restructuring — I assisted an employer in a major restructuring that resulted in 7000 employees being outsourced from all over the US. I worked with that employer to create procedures for managers to follow in selecting those for reduction to minimize the risk of employment based discrimination claims; as well as grievances from Union represented employees. The reductions were accomplished with almost no employment based claims being filed, and no challenges from government employee protection agencies.
NLRA Matter — A client wished to acquire the assets of a company whose employees had been on strike for 18 months. Replacement employees had been hired. The challenge was to create a process which allowed the client to complete the purchase, establish its terms and conditions of employment, hiring the existing workforce and yet meet its obligations to the union which represented the strikers and claimed to also represent the replacement employees. I devsied a strategy to accomplish all those goals and negotiated with the Union to create a process for ending the strike and putting the striking employees on a preferential hiring list.
FLSA lawsuit — I have represented several companies in compensation cases arising under the Fair Labor Standards Act. The lawsuits were filed as representative and class actions involving thousands of current and former employees who sought additional compensation for time spent putting on, taking off, and cleaning safety clothing and equipment. In one such case the matter was utlimatley settled for 6% of the original demand.