Smith & Smith Attorneys

Firm Details:
Managing Partner: Oliver B Rutherford
Number of partners: 4
Number of other attorneys: 2

Firm Overview:
Founded in 1946, Smith & Smith Attorneys is well-known for representing and counseling employers on employment and labor matters throughout the Kentuckiana region. Whether through litigation, negotiation or arbitration, Smith & Smith seeks the most cost-effective resolution to a wide array of legal challenges facing small, midsize and large employers. When necessary, Smith & Smith is prepared to litigate vigorously. But more often, a desirable outcome can be identified and ultimately achieved through negotiation or alternative dispute resolution.

Smith & Smith Attorneys also is a proud member of the Worklaw® Network, a nationwide network of independent law firms practicing exclusively in labor and employment law, with a network of 34 offices in 27 US states plus Canada. Worklaw® Network also includes affiliate members in Australia, China, Europe, India, and Mexico. Members are able to share substantive information concerning work product, creative strategies and research. Smith & Smith’s relationship with Worklaw® Network enables it to address clients’ legal needs throughout the United States and internationally.

Main Areas of Practice:  

Labor Relations:
Smith & Smith has a strong and established history of representing and advising management-side clients regarding all manner of labor issues. Smith & Smith has advised and assisted non-union clients with all facets of employee organizing campaigns. In representing unionized clients, Smith & Smith attorneys routinely practice before the National Labor Relations Board, providing representation in unfair labor practice cases, certification and decertification petitions, and other myriad issues under the jurisdiction of the Board.

In addition, Smith & Smith has significant experience in matters of labor arbitration. It has arbitrated various issues for employers, including ‘just cause’ discharge, contract interpretation issues, strike misconduct and interest arbitration. Smith & Smith regularly practices before arbitrators who serve on the panels of the Federal Mediation and Conciliation Service and the American Arbitration Association.

Collective Bargaining:
Smith & Smith Attorneys has advised and acted on behalf of employers in countless collective bargaining negotiations, with a high rate of success of achieving clients’ bargaining goals. Smith & Smith has experience in all sectors of the workforce, but has particular experience in negotiations involving healthcare, the service sector, manufacturing, construction and printing and binding.

Smith & Smith also has substantial experience in counseling employers on strike prevention and preparedness for those times when collective bargaining negotiations do not yield agreement on a contract. With over 100 years of collective experience in dealing with these issues, Smith & Smith offers sound advice during challenging periods for employers and the employer-employee and employer-union relationship.

Employment Litigation:
A large part of Smith & Smith’s practice involves complex employment litigation, including Title VII discrimination and harassment claims, Americans with Disabilities Act claims, Family Medical Leave Act claims, wage/hour claims, and state and local civil rights claims, among others. Smith & Smith also has substantial experience litigating employment tort and contract claims, including those dealing with trade secrets and covenants not to compete. Its attorneys have practiced such cases in the state courts and state appellate court, including the Kentucky Supreme Court, federal courts and courts of appeal, including the Sixth and Seventh Circuit Courts of Appeal, and in front of administrative bodies such as the Equal Employment Opportunity Commission and the Kentucky Commission on Human Rights. Smith & Smith also has significant experience seeking injunctive relief for violations of covenants not to compete, as well as in labor matters. Smith & Smith routinely practices in front of other state and federal agencies on employment matters, including the Department of Labor, the Kentucky Labor Cabinet, the federal and state Occupational Safety and Health Administrations, and the Kentucky Unemployment Insurance Commission. The firm has achieved success in all of these forums, either through summary judgment or other dispositive motion, jury verdict, or administrative decision.

Smith & Smith provides counseling services to employers regarding employment issues. This includes advising clients with respect to pre-employment testing, advertising for positions, drafting enforceable employment contracts, severance matters and releases, Older Worker Benefit Protection Act and the WARN Act, just to name a few. Smith & Smith has broad-based knowledge and skill in tailoring severance agreements and employee layoff or discharge plans that best fit the needs of its clients. Smith & Smith also offers preventative education to the managers, supervisors and employees of its clients.

Clients:
Clients include: Advance Ready Mix Concrete, Inc., Advanced Lifeline Services, Inc., Appalachian Regional Healthcare, Inc., Beach Mold and Tool, Inc., Brandenburg Telephone Company, Brasfield Gorrie, Brown Forman Corporation, Bruce Fox, Inc., Campbell Tobacco Rehandling, Cardinal Aluminum Company, Inc., Carrier Vibrating Equipment, Inc., Churchill Downs, Inc., Clariant Corporation, Conco, Inc., David Engineering, Delta Dental of Kentucky, Inc., Fabricated Metals, LLC, FireKing Security Group, Gray Construction Co., Irving Materials, Inc., Kelley Construction Company, Kentucky Center for the Performing Arts, Kentucky Trailer, Louisville Paving, Lindsey Wilson College, Montaplast of North America, Inc., Neill-LaVielle Supply Co., Precision Metal Works, R.C. Bigelow, Inc., Robert Bosch Tool Corporation, Spalding University, Sypris Solutions, Wehr Constructors, Inc., WireCrafters, LLC, Whayne Supply Company, Wilhelm Construction Company Inc.