HR Counseling, Drafting, Policies & Practices:
With an increasingly tangled web of civil rights laws, court-created employee protection and employee leave laws, even the most routine employment decision can create employer risks. Working closely with clients, our labor and employment attorneys help develop systems to ensure that hiring and termination practices, attendance policies, employee handbooks, drug testing, employee performance reviews, and other employer practices and procedures do not become breeding grounds for legal claims.
We base our guidance on established principles and stay up to date with the constantly changing work environment. This allows our team to offer effective, cutting-edge solutions to workplace challenges such as:
- Issues brought about by social media and the widespread use of personal electronic devices
- Legal matters related to compensation, benefits, and severance for senior managers and employees
- The creation of plans to manage problematic employees and reductions-in-force while protecting against potential claims.
Employment Agreements, Covenants & Plans
Employers should be thoughtful about entering into agreements with employees, whether such agreements relate to guaranteed payments or restrictions on post-employment activities. Our labor and employment attorneys have the experience necessary to advise companies on such agreements and assist with drafting all manner of employment-related agreements, including:
- employment agreements
- severance agreements
- bonus plans
- commission plans
- confidentiality agreements
- restrictive covenants (non-competition, non-solicitation and anti-piracy)
- separation agreements
Our team leverages its litigation and counseling experience when drafting employment agreements, plans, and covenants to proactively address and anticipate the needs of companies.
Immigration
We offer a full range of immigration-related services, including H-1Bs, O-1s, TNs, L-1s, Es, and the various steps of the permanent residence process, and naturalization. We routinely work with employers in numerous industries including manufacturing, professional services, insurance, higher education, public school districts, technology companies, retail, and health care.
Our services include counseling and advocacy related to:
- H-1B cap exemptions
- Prevailing wage issues
- PERM filings and audits
- Post-approval worksite inspections by United States Citizenship and Immigration Services (USCIS), Department of Labor (DOL) or other government agencies
- STEM extension training plans
- Visa applications/international travel
Mergers, Acquisitions & Due Diligence
Our labor, employment & immigration practice counsels buyers, sellers, management teams, and private equity regarding the labor and employment law issues arising out of corporate mergers and acquisitions, including advice on workforce restructuring, reductions-in-force, employee transitioning, and associated employment liabilities.
We advise privately and publicly held companies throughout the due diligence process and provide practical advice taking into consideration the structure of the transaction and overall business goals such as leadership team retention, post-acquisition assumption of employment plans and policies, and concerns regarding competition. In addition, we partner with our clients on post-closing matters and transitional issues to place our clients in the strongest position possible to facilitate a successful transition.
Traditional Labor Relations & Collective Bargaining
Our labor, employment & immigration practice counsels public and private sector employers on all labor relations matters, from counseling public administrators on employee rights issues to negotiating collective bargaining agreements and everything in between. Our experienced team works exclusively with employers in collective bargaining and labor contract administration, including grievance arbitration and unfair labor practice complaint proceedings.
In addition to litigating representation issues before the National Labor Relations Board (NLRB), we often work with clients to develop lawful and effective methods of countering union organizing drives. These strategies may include:
- Educating employees about their total compensation packages in relation to the current market
- Distributing literature to counter the union’s talking points
- Holding captive audience meetings
Our goal is to tailor a strategy that fits our clients’ corporate culture and leads to the desired result.
Wage and Hour Audit & Assessment
While it is important for employers to establish robust policies and training programs that guarantee adherence to relevant wage and hour regulations, navigating wage and hour laws without assistance can be quite challenging as there are numerous potential obstacles to overcome.
Thus, as this area of the law evolves, we strive to keep our clients apprised of all developments and prepared to take the appropriate steps to ensure compliance. We understand that a simple decision, such as misclassification of an employee’s exempt status, can make the difference between compliance and non-compliance with various wage and hour laws. We also understand that minimum wage, overtime, and other wage payment requirements that appear simple to implement, can cause a multitude of compliance challenges for employers, especially with the interplay of the various state and local laws.
Our attorneys advise clients across the country on these complex issues with full knowledge of the Fair Labor Standards Act and other applicable laws, and the goal of minimizing litigation exposure to the employer.
Workplace Training
HR Training
Members of our labor, employment & immigration practice regularly offer practical training for managers, supervisors, and employees on workplace issues and developments in the laws affecting employees. We also offer remedial one-on-one training for those situations that need extra care. Training sessions can be customized for employers, industry groups, or human resource organizations based on business needs and the latest legal developments.
Legal Resource Training©
We offer our Legal Resource Training© program that provides interactive, informative training sessions with the benefit of our legal knowledge in a variety of employment areas including unlawful harassment, family and medical leave, accommodating employees with disabilities, performance reviews, and workplace violence.
To encourage clients to be proactive, we often offer Legal Resource Training© on a flat fee basis.