Employment, Labor & Benefits

Counseling, Training & Employment Practices, Risk Mitigation

By helping you comply with the many employment laws that apply to your business, we can help you significantly reduce the likelihood of claims and your potential liability in the event that a claim is brought by individuals or governmental entities. Our Employment, Labor & Benefits attorneys have a broad institutional experience with and intimate working knowledge of the numerous state and federal employment laws that apply to employers in a variety of industries around the country.

Just as much as our clients value our ability to represent them in employment litigation, they value our ability to guide them through the overlapping maze of labor and employment laws and ensure compliance with all state and federal statutes and regulations that may apply to them. We have extensive experience with issues such as discrimination and sexual harassment, protected leaves of absence, reasonable accommodations for individuals with qualified disabilities, wage and hour laws, workplace health and safety, trade secret protection, independent contractor / employee classification, exempt / non-exempt worker classification, and the employee disciplinary and termination processes.

Quick Facts

  • 30+ lawyers experienced in advising clients on labor and employment matters, including risk mitigation
  • Experienced trainers on a wide array of labor and employment issues
  • Clients include public and private sector organizations, ranging from start-ups to Fortune 500 companies and major cultural institutions
  • Federal, state, and local government relations and strategic public relations services available through our affiliate, ML Strategies, LLC

Areas of Focus

  • Compliance with all state and federal laws concerning the proper classification of workers as employees or independent contractors
  • Compliance with fair employment practices laws, such as Title VII, ADEA, ADA, FMLA, and their state analogs
  • Compliance with state and federal affirmative action requirements
  • Compliance with wage / hour laws, such as the FLSA and state analogs, with a specific focus on compliance with employer obligations concerning minimum wage payment requirements, overtime payment requirements, and classification of exempt and non-exempt employees
  • Compliance with workplace health and safety laws such as the Occupational Safety and Health Act and state analogs
  • Employment agreements and offer letters
  • Implementation of compensation plans, including deferred compensation plans, bonus plans, commission plans, stock and stock option plans, phantom stock and related “synthetic” equity plans
  • Proper procedures for documenting performance issues, drafting warnings, and terminating employment
  • Proper procedures for ensuring the protection of trade secrets and confidential information, including drafting policies on these topics, drafting agreements on these topics, and taking legal action (if necessary) to protect client interests

Representative Experience

  • Represented a European-based global chain of bakery-cafés in employment and corporate matters.
  • Counseled a public international life sciences company on company-wide and department-wide reorganization, ensuring compliance with state and federal wage / hour laws, the federal WARN Act and state analogs, and state and federal anti-discrimination laws.
  • Counseled a public international beverage company on department-wide restructuring of wage payment and employee classification practices, ensuring compliance with state and federal wage / hour laws.
  • Counseled a public international life sciences company on employment agreements and compensation packages for senior executives and senior management teams.
  • Counseled multiple Fortune 500 companies on drafting and implementing corporate policies regarding harassment and discrimination, inspection and review of corporate electronic communication systems, whistleblower procedures and protection, leaves of absence, and drug testing.
  • Counseled multiple Fortune 500 companies on procedures for reviewing and documenting conduct and work performance of employees, and drafting and negotiating severance agreements for separated employees.