PRACTICE AREAS

HUMAN RESOURCES COUNSELING

  • Hiring, performance management, discipline and discharge consultation and risk analysis
  • Employment agreements, commissions/incentive plans
  • Job descriptions, offer letters and applications
  • Employee handbook preparation and implementation
  • Wage and hour compliance/audits
  • Sexual harassment and discrimination prevention
  • Social media, computer/email usage, and employee privacy policies
  • Disparate impact analysis for reductions in force
  • Separation agreements and releases
  • Family and medical leave compliance
  • Disability and religious accommodation
  • Drafting and analysis of non-competition, non-solicitation and confidentiality agreements
  • Classification of employees as exempt or non-exempt under the Fair Labor Standards Act
  • Independent contractor analysis
  • WARN Act analysis for mass layoff or plant closing
  • Affirmative Action plans
  • HIPAA compliance

Employment Law Litigation

We defend businesses and managers against the full range of employment law-related claims before federal and state courts, administrative agencies, and in arbitrations. Our litigators are experienced in defending employee lawsuits from inception through jury trial.  We also handle class action litigations, appeals, unfair labor practice charges, and enforcement actions by various federal and state agencies. We have successfully defended businesses and managers against every possible claim an employee can assert, including claims of: discrimination, sexual harassment, retaliation/whistleblowing, breach of contract, wrongful discharge, defamation and other employment-related torts, and wage and hour violations (including collective/class actions).

Labor Relations

We have extensive experience representing employers with union employees in all facets of labor relations. We are also regularly retained by non-union employers for strategic planning designed to minimize the likelihood of union organizing activity, and have designed and won many successful campaigns on behalf of employers in National Labor Relations Board elections. The full range of our labor relations services include:
  • Negotiation of collective bargaining agreements
  • Labor arbitrations
  • Grievance hearings
  • Petitions before the NLRB
  • Unfair Labor Practice charges
  • Decertification petitions/elections
  • Strikes/lockouts
  • Picket line issues
  • Contingency planning to minimize disruption and maintain operations

Business Litigation

We have enjoyed considerable success at the trial and appellate levels in state and federal courts and in alternative dispute resolutions forums in connection with the disputes that arise and pose risks to businesses. Our record of success covers a broad range of commercial disputes, including:
  • Unfair competition and restrictive covenant litigation
  • Breach of contract action
  • Partnership and shareholder disputes
  • Director & officer/fiduciary duty litigation
  • Breach of supplier agreements
  • Professional liability claims
  • Real estate and landlord-tenant litigation
  • Consumer fraud claims

Workplace Investigations

We investigate allegations of workplace misconduct.  This can include allegations that an employee, board member, customer, independent contractor, client, or another third party has engaged in some illegal activity, such as harassing or discriminating against an employee on the basis of race, sex, or age.  Investigations can also be necessary in response to whistleblowing activity, potential conflicts of interest, and suspected fiduciary duty violations and instances of employee fraud or theft.

EMPLOYMENT LAW Training

We offer training solutions for managers and employees on a broad range of employment law topics, such as:
  • the prevention of sexual harassment and discrimination
  • workplace diversity
  • performance management
  • employee rights and employer responsibilities under the Family and Medical Leave Act
  • employee documentation, discipline and discharge
We have trained thousands of private and public sector supervisors and employees on these and other areas of employment law.  Our clients have experienced how a relatively small investment in training can reduce the likelihood of litigation and, in the event of a claim, put them in a far better defensive position.