We work closely with management and Human Resources to help manage the employment relationship. Whether dealing with a single problem employee or broader corporate issues, we provide effective, practical counsel to assist employers in identifying potential liabilities, ensuring legal compliance, and minimizing risk.

Accommodations – Disability and Religion

Our firm provides human resources professionals with the tools that they need to understand the scope of the duty to accommodate under the Americans with Disabilities Act and Title VII, including what considerations apply and when a company can conclude that it is an undue hardship to grant the request. Return to top

Affirmative Action and OFCCP Compliance

We prepare Affirmative Action Programs in compliance with Executive Order 11246, the Rehabilitation Act, and the Vietnam Era Veterans’ Readjustment Assistance Act. We also assist government contractors in responding to compliance reviews by the Office of Federal Contract Compliance Programs (OFCCP). In addition we defend contractors against OFCCP complaints. Return to top

Affordable Care Act

The Affordable Care Act has significantly impacted and changed health care benefits in the United States. The Act’s provisions place many obligations on employers, including notice and reporting requirements and benefits structure rules. Our firm provides advice and counsel on how to comply and implement the requirements of the Affordable Care Act. In addition, we provide training to educate management on the myriad of employer obligations under the Act. Return to top

Alternative Dispute Resolution (Arbitration and Mediation)

We are experienced with various methods of alternative dispute resolution (ADR), including arbitration, mediation, and conciliation. We have represented our clients in ADR proceedings before federal, state, and local courts and administrative agencies, the American Arbitration Association (AAA), and the Judicial Arbitration and Mediation Services (JAMS). We also assist employers in developing and implementing internal company dispute resolution policies and procedures. Return to top

Discrimination, Harassment and Retaliation

Much of our practice is devoted to preventing problems. Our attorneys are knowledgeable concerning all laws governing discrimination, harassment and retaliation, including Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Pregnancy Discrimination Act, Section 1981 of the Civil Rights Act of 1866, the Genetic Information Non-Discrimination Act (GINA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Lily Ledbetter Act, and state and local fair employment practices statutes. We help our clients understand the maze of employment laws that impact their workplace decisions and develop common sense solutions that minimize legal risks, including advising clients concerning policies and procedures, conducting internal investigations, helping plan major employment decisions such as reductions in force (RIFs), reviewing individual employment decisions such as discipline and discharge, reviewing and drafting employment contracts and severance agreements, and training management in all areas of labor and employment law. We also defend our clients in administrative investigations conducted by the Equal Employment Opportunity Commission, Department of Labor, and other federal, state or local agencies, as well as in lawsuits in federal and state court, including class actions and jury trials. Return to top

Employment Audits

Clients often request that we conduct an employment audit of their organization, which involves a review of some or all employment policies, practices and procedures. If necessary, we suggest changes to assist the employer in implementing best employment practices and complying with applicable employment laws and regulations. Return to top

Employment Litigation, including Complex Class and Collective Actions

We are aggressive advocates on behalf of our clients who are faced with employment-related lawsuits. We have broad experience in trials, both jury and non-jury, and appeals, including before the U.S. Supreme Court. In addition, we have successfully defended employers in complex nationwide class action and collective action litigation, including discrimination and wage and hour matters. We regularly appear before federal, state and local courts and administrative agencies regarding claims concerning discrimination, harassment, wrongful discharge, wage and hour violations, leave violations, covenants not to compete, breach of contract, fraud, negligent hiring, assault and battery, defamation, and intentional infliction of emotional distress. Return to top

Employment, Non-Compete, Confidentiality and Severance Agreements

We are experienced in drafting agreements that govern different aspects of the employment relationship, including employment agreements, non-compete and no-raiding agreements, confidentiality agreements, and severance agreements. In addition, we represent clients in claims arising out of such agreements. Return to top

FMLA/ADA/Workers’ Compensation Leave Management

Managing employee leave can pose great challenges to management. We frequently provide advice and counsel on what leave is required under various federal, state and local laws, including the Family and Medical Leave Act, the Americans with Disabilities Act, and workers’ compensation laws. We provide practical guidance on the most effective ways to manage issues associated with leave, including situations involving suspected fraud. Return to top

Human Resources Advice and Counseling

We regularly counsel and advise employers on specific employment decisions, such as hiring, discipline, layoffs or reductions in force, and terminations, to minimize any associated risk and maximize the opportunity for smooth transitions. In addition, we frequently investigate and respond to employee complaints, or advise and guide human resources professionals or management officials in conducting internal investigations. Return to top

Independent Contractor Issues

The misclassification of employees as independent contractors has become a focus of enforcement efforts at the state and federal level. We assist employers in reviewing independent contractor arrangements to ensure proper classification of the relationship. We also counsel employers facing state labor department audits on this issue. Return to top

Investigations and Corporate Governance

We perform investigations of internal complaints involving sensitive, high-level matters, and counsel top management or boards of directors on effective strategies in addressing such complaints. We also provide advice on employment-related aspects of corporate governance concerns. Return to top

Occupational/Workplace Safety and Health

We counsel employers with regard to compliance with the requirements of federal and state Occupational Safety and Health acts and have defended many claims arising out of workplace mishaps before such agencies as the Occupational Safety and Health Administration (OSHA) and state occupational safety and health agencies. Return to top

Personnel Policies, Procedures and Handbooks

A key part of our practice is helping our clients develop and implement employment policies and procedures that help to reduce risks and prevent labor and employment problems.  We work closely with clients to structure personnel policies and procedures, handbooks, and various employment programs, ranging from drug testing to tuition reimbursement to mandatory arbitration of employment disputes. We ensure they are tailored to the specific requirements of each employer and in compliance with the law, and can suggest best practices. Return to top

Unfair Competition and Trade Secrets

Our firm represents management in restrictive covenant, unfair competition and trade secret litigation. We assist employers in developing and enforcing valid agreements regarding these issues, and defend others where such agreements are overbroad. Return to top

Wage and Hour Compliance and Litigation

We provide guidance to employers concerning the requirements of federal and state wage and hour laws, which include the Fair Labor Standards Act (FLSA), the Davis-Bacon Act, the Portal-to-Portal Act, and the Service Contract Act. We advise employers on issues including overtime, meal and break periods, exempt status, compensatory time, wage payment and deductions, etc. We represent employers in wage and hour disputes before the U.S. Department of Labor (DOL) and state agencies, and in federal and state courts. We also conduct wage and hour audits in order to ensure compliance with applicable laws and regulations. Return to top

Whistleblower Actions

Whistleblower claims have become more popular among plaintiffs, with an increasing number of laws providing whistleblower protections to employees. We counsel employers on developing internal whistleblower policies and procedures and taking steps to avoid whistleblower actions, and defend employers who face such actions, taking into consideration practical as well as legal concerns. Return to top