LEGAL SERVICES

General Municipal Services

The attorneys at Pierce Coleman currently serve as the contracted City or Town Attorneys for 11 Arizona municipalities.  In that capacity, Pierce Coleman represents these municipalities and provides all of the legal services required of the municipality’s attorney as set forth in its City or Town Code and state law.  The Pierce Coleman attorneys have decades of combined experience serving either as contracted City or Town Attorneys, as in-house City Attorneys, or as General Counsel to the League of Arizona Cities and Towns.

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Public Employers

The attorneys at Pierce Coleman have decades of experience representing the interests of public employers in Arizona. From school districts, to community colleges, to municipal, county, and state government, the attorneys at Pierce Coleman have successfully represented numerous public entities from the administrative stage all the way through the trial and appellate courts. Based on this experience, they are uniquely qualified to handle all types of claims asserted against public employers, including constitutional torts, allegations of First Amendment and Due Process violations, and alleged violations of federal and state whistleblower statutes. They also serve as legal advisers to county and municipal personnel boards and local boards of the Arizona Public Safety Personnel Retirement System, and are particularly experienced in helping all types of public employers navigate the complexities of procedural due process.

Private Employers

From Fortune 500 companies to small businesses in Arizona with only a few employees, the attorneys at Pierce Coleman PLLC have represented the interests of a broad spectrum of management clients in all facets of labor and employment law, including:

  • Serving as lead counsel for employers in numerous lawsuits involving allegations of discrimination, harassment, retaliation, wage and hour violations, and employment-related torts.

  • Providing advice, counseling, and training to employers on myriad employment-related matters, including reductions in force and compliance with the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Older Worker Benefit Protection Act, the National Labor Relations Act, the Family and Medical Leave Act, and the Fair Labor Standards Act.

  • Representing employers in EEOC administrative proceedings, mediations, Department of Labor wage and hour audits, National Labor Relations Board Proceedings, and labor arbitrations.

  • Preparing noncompete/nondisclosure agreements, personnel handbooks, and separation agreements.

  • Serving as consultants on electronic discovery and data preservation for large, complex litigation matters.

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Discrimination/Harassment

On average, current and former employees file nearly 100,000 charges of discrimination per year with the Equal Employment Opportunity Commission (EEOC). In light of the EEOC’s expressed desire to crack down on employers when it believes there is a pattern or practice of discrimination or harassment, having attorneys who understand how to defend a discrimination or harassment claim from the administrative stage through a lawsuit – whether it be a “class action” lawsuit brought by the EEOC itself or an individual lawsuit – is critical. The attorneys at Pierce Coleman have successfully defended hundreds of charges of discrimination, as well as achieved positive outcomes in both class-based and individual lawsuits alleging discrimination and harassment.

Wage/Hour

Wage and hour cases have overtaken discrimination/harassment lawsuits as the most common type of employment litigation. The Department of Labor estimates that approximately 70 percent of employers are not in compliance with the Fair Labor Standards Act. The attorneys at Pierce Coleman can assist employers by:

  • Conducting internal wage/hour audits to identify and correct any errors before the Department of Labor comes knocking.

  • Providing guidance on properly classifying employees as exempt or non-exempt under the FLSA.

  • Designing lawful compensation systems that minimize overtime expenses while remaining in full compliance with the law.

  • Drafting compensation policies that provide a safe harbor against losing FLSA exemptions based on improper deductions.

  • Providing representation in DOL administrative audits and wage/hour litigation.

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Personnel Investigations

The attorneys at Pierce Coleman have vast experience conducting personnel investigations for both public and private employers. They have been relied upon to handle complex and sensitive matters involving high level executives as well as public figures. They have the experience and background to conduct an investigation on which your organization can justifiably rely.

Non-Compete/Non-Solicitation

The attorneys at Pierce Coleman understand that your business is your livelihood and that you have the right to protect your goodwill, proprietary information, and customer relationships. Pierce Coleman can assist employers with drafting and enforcing restrictive covenants to provide the maximum protection permitted under the law. Whether you have former employees who have unlawfully taken confidential information that does not belong to them, or whether you have hired new employees and are faced with potential legal action by their former employer, the attorneys at Pierce Coleman can help you navigate the process and protect your interests.

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Mediation

With decades of experience in employment law matters, and having participated in dozens of successful mediations to resolve employment related disputes, Pierce Coleman is the ideal choice to conduct your mediation to help you resolve your employment law matter.

Legislation

Justin Pierce served two terms in the Arizona House of Representatives. As a member of that body, Justin was the Chairman of the Public Safety, Military, and Regulatory Affairs committee. He also served as the Vice-Chairman of the Judiciary committee, the Government committee, and the Technology and Infrastructure committee. He also served as a member of the Education committee and an ad hoc committee on International Trade and Commerce.

Although legislative language is formalized administratively through Legislative Council, as one of only a few practicing lawyers in the legislature, Justin took an active role in drafting the language for bills he sponsored, and also assisted other members in crafting language for bills they sponsored, in order to ensure that the actual language of the proposed bill achieved the intent of the legislation.

As a result, when you have a problem that may require a legislative solution, Justin is uniquely qualified to assist in the preparation of legislative language that will meet your needs.

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