Crain Caton & James
Seasoned Employment and Labor Law Attorneys

In today’s legal landscape, companies often discover that seeking assistance from large law firms can be impersonal and overwhelming. The cost to the client when large firms utilize a host of minions adds up quickly without much result. Consequently, clients often seek out legal entities that adopt a more personalized approach when working with them. This approach involves first understanding the uniqueness of each client and the varied aspects of each legal matter, including specific narratives, challenges, and desired outcomes. By carefully tailoring their approach in this way, they can better address the individual nuances of each case and create customized solutions.

With years of applying this approach, Crain Caton & James, a full-service, mid-size law firm rooted in its 110-year legacy, stands as a beacon for companies and individuals seeking top-quality legal aid.

“We can effectively handle virtually any employment law requirement,” says Kimberley R. Stuart, shareholder at Crain Caton & James. “Unlike larger firms with numerous staff members who may handle your case, Michael and I personally oversee every aspect of your representation.”

The firm is well-recognized for its ability to provide client-focused, A-to-Z legal solutions, both nationally and globally. Labor and Employment Law are prominent areas where it excels under the expertise of two attorneys—Michael Seale and Kimberley R. Stuart. Both are shareholders at Crain Caton & James, bringing a combined experience of 60 years in practicing employment law.

Crain Caton assists employers, catering to organizations with as few as three employees or encompassing large corporations with thousands in their workforce. This adaptability, coupled with an individualized approach, enables the firm to tailor its representation to each client’s evolving needs without overwhelming them during periods of growth and transformation.

Michael and Kimberly keep a steady finger on the pulse of Labor and employment issues facing their clients. FLSA overtime issues remain a significant concern for employers, especially for new businesses. Michael and Kimberly work closely with new business owners to structure a compliant compensation structure for their employees ensuring proper classification, worker documentation, and wage calculation. Perhaps the costliest of employment litigation, FLSA misclassification suits can run well into the six figures by the time compensatory and liquidated damages and then attorneys’ fees are considered. FLSA litigation is truly evidence of the saying “an ounce of prevention is worth a pound of cure.” A significant portion of Crain Caton & James’ efforts is focused on guiding new businesses to ensure their compliance, preventing scenarios where they might face the Department of Labor’s scrutiny or become targets for plaintiff’s attorneys. Both Michael and Kimberly have fought successfully in both administrative and judicial forums for their clients facing the potential of FLSA liability. They tackle these issues as they arise and offer guidance for preventing future problems.

Crain Caton & James also actively and carefully advises their clients in navigating the aftermath of the pandemic, which has brought the challenge of employee retention, affecting businesses of all sizes. According to Michael and Kimberly, their clients are facing a workforce where many employees have become reluctant to work within physical office spaces or adhere to traditional five-day work weeks, all while expecting to maintain their existing level of compensation. This trend has led to a surge in requests for remote work arrangements and ADA accommodations. Balancing retention, compensation, and productivity has become a major challenge, resulting in a rise in complaints to the Department of Labor and the Equal Employment Opportunity Commission (EEOC). Dealing with employee termination due to problematic behaviors within the workspace and consequent legal concerns is another struggle for employers.

“When it boils down to challenging situations like these, Kim and I often find ourselves in discussions, brainstorming how to navigate them,” says Seale. “In this aspect, our collaboration is strong. We’re frequently engaged in conversations, strategizing how to extricate ourselves from difficult scenarios, and constantly supported by associates whenever required; our active involvement with clients is undeniable.”

Currently, the firm is focused on the federal government’s efforts to weaken non-compete agreements utilized by their clients to protect their valuable trade secrets and client contacts. By investing more time and effort into dissecting those intricacies, Crain Caton & James is crafting agreements for its client to align with a changing landscape that seems to lean less favorably towards non-compete clauses and more towards employee rights.

This level of hands-on interaction sets it apart and contributes to its excellence.

Recently, Crain Caton & James tackled an FLSA tip credit issue for a restaurant client. The firm adopted a strategic approach by swiftly implementing collective action waivers. By securing waivers from all current employees, the potential plaintiffs were reduced from 250 to 120, then to just eight. This approach significantly curtailed potential damages. A situation that could have incurred damages reaching half a million dollars, involving many plaintiffs, was resolved at less than a hundred thousand dollars. Kimberly actively counsels restaurants in FLSA compliance and all aspects of employment disputes they may encounter.

Michael’s practice includes healthcare providers, particularly long-term care facilities and physician practices, and oil and gas consulting services businesses. Nursing facilities are highly regulated and face a multitude of employment related and many other legal issues. The oil and gas industry is especially challenged with optimizing a labor pool and worker classification issues. That industry has historically utilized independent contractors to perform well-site work, but it’s an ever-changing business and legal landscape.

By operating as a true partner to its clients and serving as an extension of their team, the firm intends to mirror the clients’ growth as they reach new heights and stand by their side as they face challenges.