Labor Law
Whether in the courtroom or at labor board hearings, we provide experienced representation for unions and their members.
ABOUT
Fighting for labor
Whether you are sitting down at the negotiating table or in the courtroom, we can help your union get meaningful results. Having our experienced legal team on your side can make a big difference and get your members more of what they deserve from employers.
Protecting union rights is what motivates us. Our firm has been representing local unions since the early 1950’s and we’ve only grown more committed to the labor movement since then. We’re proud to now be representing unions all over Iowa and in neighboring states. Reach out today to see how we can help your union.
FAQ
Are Iowa workers entitled to breaks?
For workers under the age of 16, employers must grant a 30 minute meal break for shifts lasting five or more consecutive hours. For all other employees, employers are not required by federal or state law to provide breaks; however, breaks lasting less than 20 minutes must be paid. Longer break periods can be unpaid.
How promptly must employers pay employees?
Employers are allowed to pay workers monthly, semi-monthly or biweekly. At the end of a designated pay period, employers legally have 12 business days to provide compensation. Business days excludes Sundays and legal holidays.
What is the minimum wage for tipped workers?
The minimum wage for tipped employees is $4.35 per hour; however, if the amount of tips received combined with this minimum is less than the average federal minimum hourly wage, then employers must make up the difference. In other words, tipped workers are entitled to at least an average of $7.25 per hour.
Can employers make workers pay for uniforms?
If a uniform has a company logo or another feature that would render the uniform unusable outside of work, employers cannot deduct the cost from an employee’s paycheck. If required work attire is generic, such as a combination of a white shirt and brown pants, workers may be required to purchase their own work clothes.
Can workers in Iowa request leave to vote?
In Iowa, your employer must allow you three consecutive hours of unpaid leave on election days so that you can vote. That said, you must give your employer a written notice at least a day in advance.
Does the employer have to bargain with a labor union?
Employers are required by law to bargain in “good faith” with certified labor organizations and their legal representation. This means that an employer must not refuse to meet at reasonable times, they cannot refuse to meet or refuse to discuss the topics necessary to come to an agreement. This does not mean that an employer has to agree to a reasonable offer, but they cannot use “take it or leave it” or other unfair bargaining tactics.
What are subjects that must be included in a collective bargaining agreement?
Employers and employees, or their representation must bargain over “Wages, hours and other terms and conditions of employment.” This may appear broad and vague, however over the years this has been refined to specific items that must be included in bargaining. These include:
- Wages
- Hours
- Fringe Benefits
- Health and Safety
- Grievance Procedures
- Arbitration
- Health and Safety
- Non-Discrimination Clauses
- No-Strike Clauses
- Length of Contract
- Discipline
- Management Rights
- Seniority
- And Union Security
ATTORNEY
Jay M. Smith
In 2004, after graduating from the University of Iowa, College of Law and working with the political group America Coming Together, Jay joined the firm. His primary focus is on labor and employment law, specifically representing labor unions throughout Iowa, Nebraska, South Dakota, and other western states.
Jay brings a lot of experience to his clients; not only has he represented labor unions before various state employment boards, he has also represented them in front of the National Labor Relations Board. His experience is also broad as well as deep. In addition to board representation, Jay advises labor unions and provides negotiation assistance during the collective bargaining process, represents them during grievance arbitration, and helps them achieve results in both discharge and contract interpretation cases. In addition to working with labor unions and employers, Jay also represents employees in wage and hour cases, as well as before civil service commissions.
Education
University of Iowa, School of Law, J.D., 2004
University of Notre Dame, B.A., 2001
Jurisdictions Admitted to Practice
Iowa
United States District Court for the Northern District of Iowa
United States District Court for the Southern District of Iowa
United States District Court for the District of Nebraska
United States Eighth Circuit Court of Appeals
Professional & Bar Association Memberships
Iowa Bar Association
Woodbury County Bar Association
Iowa Association for Justice
American Federation of Teachers, Local 716
Honors and Awards
Super Lawyers, Rising Stars 2013-2014