Labor & Employment

With one of the most robust labor & employment practices in the Northeast, we provide clients with practical, business-savvy advice, skilled litigation services, and valuable compliance training. We regularly counsel clients on difficult wage and hour issues, restrictive covenants, hiring, firing and disciplinary issues. Our attorneys also have tremendous depth of litigation experience, having represented clients in numerous trials, class actions and administrative proceedings. We also regularly provide training to our clients on sexual harassment prevention, fair employment practices and best practices for supervisors.

Labor & Employment Litigation

Smart, practical, and goal-directed strategies.

Our Professionals

We provide representation in labor and employment matters before regulatory bodies, hearings and trials, including safety audits, union matters, class-action litigation, and discrimination cases. In addition, we provide counseling and litigation services for all aspects of the employment relationship, including:

 

  • Wage and hour issues
  • Non-compete, non-solicitation, and non-disclosure agreements
  • Disciplinary issues and terminations
  • Layoffs and wide-scale reductions-in-force
  • Union organizing and labor-management relations
  • Harassment and discrimination investigations and litigation

 

We have tremendous depth of experience in the following areas:

 

Wage and Hour

  • Defending wage and hour lawsuits, including class action lawsuits
  • Proper classification of employees as “exempt” or “non-exempt”
  • Overtime compliance
  • Independent contractor classification
  • Payroll records
  • Lawful and unlawful deductions from wages
  • Dept. of Labor audits
  • Audits by state agencies

 

Non-Compete Agreements

  • Representing former employees and new employers against lawsuits for alleged breach of non-compete, non-solicitation, and non-disclosure agreements
  • Bringing enforcement actions for breach of non-compete, non-solicitation, and non-disclosure agreements
  • Advising and counseling on hiring employees subject to restrictive covenants
  • Drafting restrictive covenants

 

NLRA/NLRB Issues

  • Union avoidance/Non-solicitation clauses
  • Arbitration
  • Unfair labor practice defense
  • Secondary boycotts and strike injunctions
  • Grievances, and collective bargaining with unions
  • Training for first line supervisors about union organizing

 

Employment Agreements

  • Drafting and review of employment agreements
    • Drafting commission structures and difficult wage and hour provisions
  • Drafting non-compete, non-solicitation, and non-disclosure provisions

 

OSHA

  • Compliance
  • Safety audits
  • Handling citations.

 

We help employers draft handbooks and policies to address important issues that include:

 

  • Affirmative Action plans
  • Confidentiality policies
  • Whistleblower policies
  • Drug-testing policies
  • Criminal records check policies
  • Social media and email policies
  • Data security policies
  • Vacation policies
  • Training in the areas of sexual harassment and diversity

 

To learn more about our Labor & Employment practice, please contact our Practice Group Chair: Christina L. Lewis.