Counsel, Labor & Employment

Primary Position Purpose: Reporting directly to the Senior Vice President of Legal and General Counsel at U.S. Xpress, the Counsel will provide labor and employment legal support to U.S. Xpress and its affiliates, which maintain locations and operations throughout the contiguous United States. While the position focuses on the application of federal and state labor and employment laws and regulations to the business, Counsel is likely to be called upon to provide services and support in a variety of areas, including litigation support, contract negotiations, regulatory compliance, etc. Position Functions: · Advise on federal and state employment laws and regulations. Partner closely with Human Resources team on employment matters throughout the employee lifecycle including hiring and termination, employee relations, compliance training, disability and religious accommodation requests, federally and state-mandated leaves and paid time off, and wage and hour matters. · Respond to charges, complaints, and inquiries from the Equal Employment Opportunity Commission, Department of Labor, National Labor Relations Board, U.S. Immigration and Customs Enforcement, Occupational Safety and Health Commission, and comparable state agencies. · Monitor and interpret changes to and trends in federal, state, and local employment laws and regulations. Advise stakeholders on recommended changes to policies and practices. · Assist with the development and management of corporate policies and corporate-wide compliance programs. · Partner with management to proactively assess legal, regulatory, and business risk in proposed courses of action and/or policies. Provide advice and guidance as to best course of action and implement strategies for mitigating those risks while successfully enabling the company’s business objectives. · Develop and implement litigation strategies in collaboration with outside legal counsel, as well as business stakeholders. Review and investigate complaints and allegations, retain outside counsel, preserve documents and evidence, ensure litigation holds are established, review and/or draft in conjunction with outside counsel various pleadings and/or discovery responses, assist in the identification and preparation of witnesses, and maintain litigation files. · Counsel plan sponsors, the Human Resources benefits team, and fiduciaries on federal employee benefit laws, such as ERISA compliance, fiduciary duties, and government reporting obligations. · Negotiate, prepare, review, and/or draft vendor, employment, and independent contractor agreements, including non-disclosure agreements, third-party administrator agreements, and various transportation related contracts. Work with management to ensure that contracts appropriately protect the company, meet management objectives, and address customer or vendor issues. · Maintain awareness and understanding of current laws and regulations pertinent to the trucking industry and other specific areas of responsibility. · May include other duties as assigned by management. · Collaborate in-person with all levels of the organization to harness collective intelligence of the workforce. · Attend all in-person meetings and trainings on recent developments, goals, and objectives. Participate in such discussions by offering input and advice. · Regularly engage remotely and in-person with customers and potential customers to establish rapport, open communication, and expectations. · Build credibility and trust among managed employees by providing prompt and constructive feedback in office when observing such need. · Lead and facilitate regularly scheduled meetings and in-person trainings that harmonize collaboration internal to the department and external to other SBUs. · Determine best practices and reinforce constructive and positive feedback through face-to-face interactions with employees on the floor in real time.