Our attorneys have extensive experience counseling and representing clients regarding the full range of legal challenges affecting today’s workforce. We provide practical, proactive advice, and we develop effective preventative strategies to avoid the expense, time, and uncertainties of litigation. When litigation does occur, our attorneys have the depth of experience necessary to develop a formidable case and achieve a favorable outcome. The following are descriptions of the main areas of law in which we counsel and advocate for our clients:
Complex Commercial and Non-Compete Litigation — Our firm is frequently retained to prosecute or defend actions involving breach of restrictive covenants (“non-competes” and “non-solicits”), misappropriation of trade secrets, deceptive trade and unfair competition, business fraud and misrepresentation, tortious interference with contract and business relations, breach of fiduciary duty and duty of loyalty, guaranty enforcement, and a range of other commercial disputes.
Employment Discrimination and Related Claims — Our attorneys have litigated numerous cases under virtually every type of equal employment opportunity statute: Title VII of the Civil Rights Act of 1964 (race, sex, religion, national origin, harassment, retaliation); Americans with Disabilities Act (ADA) (disability and public accommodation); Age Discrimination in Employment Act (ADEA) (age, retaliation); Equal Pay Act (gender-based wage claims); 42 U.S.C. § 1981 (race, retaliation); EEOC collective actions under Title VII § 706; and various state anti-discrimination laws.
Other Federal and State Employment Law Litigation — Our attorneys have litigated cases under the full spectrum of other federal and state employment laws, including: Sarbanes-Oxley Act (whistleblower clams); Family and Medical Leave Act (FMLA) (leave and reinstatement rights); Fair Labor Standards Act (FLSA) (wage and hour law, including collective and class actions); Uniformed Services Employment and Reemployment Rights Act (USERRA) (military leave law); Fair Credit Report Act ((FCRA), Fair Housing Act (FHA), as well as state law claims based on defamation, intentional infliction of emotional distress, malicious prosecution, workplace privacy, and similar claims.
Federal Contractor Affirmative Action — We have defended dozens of clients in Executive Order 11246 federal contractor affirmative action audits, corporate management reviews, and affected class proceedings. We have drafted scores of affirmative action programs for federal contractors.
Employment Contract Drafting and Counseling — We have drafted and negotiated scores of employment agreements, severance agreements, independent contractor and vendor services agreements, litigation settlement agreements, non-compete and non-solicitation covenants, confidential and proprietary information agreements, arbitration agreements, and many other types of employment-related agreements.
Occupational Safety & Health Act (OSHA) Litigation — We have represented companies in OSHA investigations (including multi-fatality and amputation cases) and have successfully defended against OSHA citations in several states. We regularly advise clients on compliance with safety and health regulations. When a workplace accident occurs, we provide immediate on-site response and effective representation through resultant government investigations.
Workplace Investigations — We frequently conduct or supervise company internal investigations regarding various matters, such as allegations of executive malfeasance, discrimination, whistleblower retaliation, harassment, hostile work environment, employee misconduct, employee fraud or embezzlement, and other issues.
Workforce Change Management — Our attorneys have significant experience advising clients on the legal ramifications of significant workforce decisions, such as hiring a new workforce, reducing the current workforce, shutting down a facility, etc. We are well versed in all aspects of these decisions, including compliance with the federal Worker Adjustment and Retraining Notification (WARN) Act, similar state WARN Acts, drafting and negotiating retention and severance agreements, and similar legal requirements.
Human Resources Counseling & Management Training — We provide legal counseling, advice, and management training on the full range of employment law issues that employers encounter on a daily basis. We help companies understand and comply with the myriad of laws and regulations affecting today’s workplace. We develop preventive strategies to minimize litigation exposure, including drafting and implementing employee handbooks and other personnel policies and procedures, and training managers and employees on best practices for employment decision making, documentation, and maintaining a respectful and harassment-free workplace. We help plan for and manage workforce changes, such as plant closings and reductions in force. We develop strategies to protect trade secrets and confidential information, and to prevent unlawful competition by former employees. We provide counsel on day-to-day matters such as hiring, disciplinary actions, terminations, workforce reductions, background and credit checks, workplace safety, family and medical leave, job descriptions, wage and hour compliance, performance reviews, disability accommodations, workplace privacy and surveillance issues, drug and alcohol testing, record retention procedures, and many more.
Compensation Audits — We perform a thorough review and analysis of compensation practices to help clients avoid and defend claims of pay discrimination. Our attorneys have broad experience working with statistical experts and complex mathematical analyses to determine whether statistically significant disparities exist and how they can be properly addressed.
Employment Policy and Practice Review & Audits — We help clients develop and maintain appropriate policy manuals, employee handbooks, and best practices to ensure that expectations are clear within the employment relationship.