- Employment counseling, training and auditing
- Employment litigation
- Traditional labor law
Areas of Focus
Employment Counseling, Training & Auditing
Our model focuses on day-to-day counseling that builds deep relationships such that clients call us prior to taking action that may lead to litigation. We stand ready to advise on compliance with employment related law and regulations on both the federal and state level. We also provide in-office counseling and training to human resource managers, front line managers and supervisors on preventing and resolving issues before they become lawsuits.
Our counseling and training programs cover a wide breadth of employment related matters, including but not limited to:
- Effective management and a general understanding of unlawful discrimination and retaliation issues.
- Leave issues including Americans with Disabilities Act (ADA) and Family Medical Leave Act (FMLA).
- ADA accommodation issues.
- Age Discrimination in Employment Act (ADEA).
- Sexual harassment.
- Wage and hour.
- Reductions in force.
- Union avoidance.
- Social media.
We also have a dynamic audit practice, which, if desired, allows a client to be proactive in identifying potential problems and resolving them before they become crises. These services include:
- Performing of wage and hour audits.
- Formulating, reviewing and revising employee handbooks and the policies and procedures within them.
- Conducting investigations or coaching clients through investigations on an as needed basis.
We understand that defending employment litigation is expensive and time consuming for every client. We also understand that clients adopt different philosophies regarding how to respond to employment litigation. For every client, regardless of philosophy, our approach is the same – understanding the exposure as early as possible, developing the best defense possible, being ever mindful of the cost associated with the defense and providing our clients an ongoing opportunity to assess the best approach for the business along the way.
While we are aggressive litigators, we know that reaching the best outcomes for our clients involves skillful negotiation and efforts to avert expensive litigation through early assessment. Our approach is to resolve disputes in a way that protects culture while minimizing costs. Most often, this leads to settlement outside of court; however, if litigation is unavoidable, we provide our clients with the very best defense based upon a strategic response that is grounded in a thorough understanding of the applicable law and able to adapt as circumstances change (as they often do) during the course of litigation.
Our employment attorneys litigate cases throughout the U.S., either with assistance of local counsel, or with the assistance of our own attorneys who are licensed in the particular jurisdiction. In the past five years, we have handled employment lawsuits and unfair labor practice proceedings in 28 states.
We are regularly involved in claims of:
- Unlawful discrimination under federal and state law.
- Retaliatory discharge issues under federal and state law.
- Breach of employment agreements.
- Interference with the Family Medical Leave Act (FMLA) and other statutory rights.
- Occupational Safety and Health Administration (OSHA) matters relating to complaints, investigations and fines.
- Wage and hour non-compliance.
- Breach or enforcement of non-compete agreements.
- Tortious interference with contracts.
- Breach of fair representation.
- I-9 non-compliance.
- Employee Retirement Income Security Act (ERISA) litigation.
We counsel clients on employee relations strategies aimed at fostering a positive work environment and avoiding union organization. We provide advice and training on best practices to achieve this goal, but also are experienced in respectfully and lawfully counteracting union activities throughout the country, including proceedings before the National Labor Relations Board (NLRB).
For clients whose employees are represented by unions, we handle all aspects of contract negotiation and interpretation. We advise clients on key strategies for union avoidance, in handling responses to union organizational campaigns, and in the negotiation and interpretation of any resulting collective bargaining agreements. We also represent employers in responding to grievances, in handling arbitration hearings, and in unfair labor practice proceedings and other matters before the NLRB.
Our services include:
- Union avoidance training and informational campaigns.
- Collective bargaining agreement negotiations.
- Labor arbitrations.
- Contract negotiation, interpretation and administration.
- Grievance procedures.
- Defense of unfair labor practice charges.
- Strike guidance.
- Decertification campaigns.