Hawaii Preeminent Labor and Employment Lawyer
Attorney Perry Confalone
Perry Confalone LLLC is a boutique law practice concentrating in labor and employment law in Hawai`i. The firm defends employers in state and federal courts as well as in arbitrations and before state and federal administrative agencies, including the Hawai`i Civil Rights Commission, the Equal Employment Opportunity Commission, the Hawai`i Department of Labor and Industrial Relations, and the National Labor Relations Board. The firm also assists clients with compliance advice and strategy, collective bargaining, contract review and preparation, investigations, and training.
Perry Confalone serves also as a neutral arbitrator, mediator and fact finder and offers training, policy audits and seminars in labor and employment law compliance.
Perry has practiced labor and employment law in Hawai`i for over 29 years. His work has included precedent setting cases that have helped shape the legal landscape in labor and employment law in Hawai`i. (See Attorney Profile.) Perry is honored to hold the "AV" [Preeminent] peer review rating from Martindale Hubbell for legal ability and ethical standards. Perry also holds the highest ranking in Chambers and Partners (Band1) and is listed in Best Lawyers in America and Hawaii Super Lawyers.
Bringing Experience, Judgment, and Relationships to Labor and Employment Law Disputes.
"He understands that in this economy many clients are cost sensitive, and uses cost-effective strategies to obtain the best possible results." Chambers and Partners editorial USA (2011) www.chambersandpartners.com
Litigation and Dispute Resolution
Defending a lawsuit should not be a "business opportunity" for a law firm to maximize billings. A lawsuit is a threat to a valued client. The objective is to eliminate the threat. I do this by: (1) Understanding client objectives; (2) Complete command of pertinent statutes and legal doctrines, including case law developments and trends; (3) Exhaustive development of the facts; (4) Thinking strategically and marshaling resources effectively; (5) Preserving credibility with courts and arbitrators through preparation, well-honed pleadings, and cogent advocacy; (6) Understanding the power and the reach of summary judgment, especially in federal courts; (7) Identifying leverage points in the course of litigation that create opportunities for efficient resolution; (8) Preparing evidence and witnesses for key depositions and trial and (9) Developing a fact-based case theme and a narrative that rings true.
Legal Advice and Counsel
Legal advice is based on an understanding of the client's business, a sound working knowldege of applicable law, and practical knowledge concerning the legal environment, such as local agency policies, practices, and preferences. Advice, to have value, must be thorough, but plainly stated. It should, where appropriate, provide a range of options and risks.
Employment Law Compliance Audits and Training
Business documents, such as employee manuals, executive employment agreements, job applications, and job descriptions should be a first line of defense for Hawai`i companies in employment litigation. Too often they become Plaintiff exhibits. I will review and edit your policies for compliance with federal and Hawai`i laws and explain my recommendations.
Labor Negotiation and Arbitration
A successful labor negotiation begins many weeks (if not months) before you convene with the Union. Business objectives must be vetted. Arbitration awards reviewed. Proposals drafted. Media protocols and talking points in place. Strike manuals reviewed and updated. Applicable law updated and its practical application understood.
A successful negotiator listens. He respects the Union leadership and its members. He never condescends. He does not send mixed signals. He knows the law. He is prepared for each negotiation. He has a sense for where the deal is and how to get to closure.
Perry Confalone has assisted medium sized and publicly traded Hawai`i companies at the negotiating table and in the background with strategy, drafting, and defending unfair labor practice charges during contract negotiations.
Arbitration is a hallmark of American labor law. Congress and the courts meant it to be an efficient means for resolving workplace disputes without interrupting production. That said, a lack of preparation can lead to an onerous contract interpretation that can burden a company for years. Principles for effective arbitration are: 1) Know the contract, including bargaining history and relevant arbitration awards; 2) Listen to, and then prepare company witnesses well in advance; 3) Don't indulge in "throw away" arguments; 4) Write a brief, not a diatribe, that harmonizes the facts with the contract and applicable law.
Neutral Arbitration Services, Mediation, and Fact Finding
"A unique and irreplaceable characteristic of any true arbitration plan is a neutral decision-maker." [American Arbitration Association Handbook on Labor Arbitration 2d Ed. p. 25]
In addition to representing clients, Perry Confalone serves as an arbitrator both in the traditional labor law setting and in employment law disputes. In either setting the parties have entrusted the arbitrator with their legal rights. Perry Confalone accepts arbitrator assignments with an abiding respect for legal counsel and the respective parties. He understands that arbitration is the "day in court" for the parties. His job is to decipher the facts fairly and apply the contract and applicable law with sound reasoning. The arbitrator's job is not to placate. It is to adjudicate. In the end, while one party will inevitably disagree with the result, both parties should feel confident that their arguments were fully understood and carefully weighed.
Mediation succeeds when the parties forgo the urge to vindicate their positions and direct their efforts to a common purpose of ending money-draining litigation. The job of the mediator is to get the parties to closure. The mediator does this by establishing credibility with the parties, knowing the strengths and weaknesses of their positions based on legal knowledge and professional experience, and sensing what each party is willing to compromise to end the dispute.
Fact Finding Reports
Neutral fact finding can be an indispensable tool in avoiding bias claims in investigations of alleged employee misconduct. It can also assist parties in reaching settlement. Perry has aided companies with factual investigations concerning alleged misconduct both at the executive and rank-in-file levels when the circumstances require a neutral, disinterested professional to ascertain what happened. If requested, Perry will also make corrective action recommendations, consistent with employer duties under federal and state discrimination and harassment laws and, where applicable, just cause principles.
Call office no. 808-675-2472, cell no. 808-295-5136 or contact Perry Confalone Labor & Employment Law LLLC online to schedule your appointment.
Labor & Employment Law LLLC
Davis Pacific Center
841 Bishop Street, Suite 2116
Honolulu, HI 96813