Practices


 

“Lots of lawyers know — or can find out — what the law is. So what differentiates us? We understand that each client has different needs based on its business and culture. We’re laser focused on applying our knowledge, judgment, and experience to provide practical solutions that work in each client’s particular environment.”
David Barmak, Chair

Employment, Labor & Benefits

Employment relationships are among the most regulated in the nation, and ensuring compliance with the many laws and regulations impacting the workplace can be quite challenging. Mintz Levin can help you navigate through this complex legal environment, delivering practical advice and counsel to enable you to make smart decisions and minimize risks.

Our broad-based experience with employment matters makes our legal team an exceptional resource to assist our clients in dealing with employment questions, conflicts, and issues that arise throughout the employment life cycle, from hiring through termination. Whether you need to address a medical leave issue before it becomes a major problem, respond to a harassment complaint, or implement proactive measures to prevent future wage-payment mistakes, we will work closely with your management and HR teams to plan a successful strategy, implement best practices, and avoid costly landmines.

Quick Facts


  • 30+ dedicated attorneys
  • Nationwide practice
  • Comprehensive knowledge of state and federal employment law and regulations
  • Alternative fee arrangements
    • Fixed fees
    • Project-based fees

Areas of Focus

  • Compensation and benefits
  • Discrimination
  • Employee handbooks
  • Employment agreements
  • Furloughs
  • Harassment
  • Interviewing and hiring
  • Investigations (internal and government agency)
  • Job applications, including Fair Credit Reporting Act requirements
  • Layoffs
  • Leaves (family and medical, ADA, and other)
  • Noncompete and trade secret protections
  • Personnel policies
  • Separation agreements
  • Terminations (individual and group)
  • Training programs (manager, “train the trainer,” and employee)
  • Wage and hour regulations

Rankings & Recognitions

  • Chambers USA
    • Attorneys ranked nationally and in Massachusetts, New York, and Washington, DC, and in Labor and Employment, and Employee Benefits and Executive Compensation
  • U.S. News & World Report – Best Lawyers
    • Practice ranked nationally and in Boston and New York
  • Best Lawyers in America
    • Attorneys listed for Employee Benefits (ERISA) Law, Employment Law – Individuals, Employment Law – Management, and Litigation – Labor & Employment
  • Super Lawyers
    • Attorneys listed in Massachusetts, New York, San Diego, and Washington, DC
  • Lexblog's Am Law 200 Blog Benchmark Report (2015)
    • Practice blog ranked #10 in the Top 30 Am Law 200 Blogs
    • Practice blog ranked the #1 Employment & Labor Blog
  • Lexis-Nexis
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Amy R. George

Amy R. George

ELB & Health Law Practice Manager

Case Study: Mintz Levin Secures Dismissal of Defend Trade Secrets Act Claim Under New Statute

Mintz Levin client HR Outsourcing, Inc. has been involved in an ongoing trade secrets case pending in the US District Court for the Central District of California. As part of this litigation, TriNet, a competitor in the staffing space, brought a Defend Trade Secrets Act (DTSA) claim against HR Outsourcing alleging trade secret misappropriation. The federal DTSA statute supplements state statutory schemes that protect trade secrets. But since the law has only been in effect since May 2016, litigants have yet to receive significant guidance from the federal courts concerning its scope and application.

Our team of California-based employment lawyers noticed defects in the plaintiff’s pleading, and calculated that raising these defects at the outset would focus the court on the lack of factual basis supporting the plaintiff’s claim. (Early on in the litigation, Mintz Levin defeated the plaintiff’s attempt to secure a preliminary injunction arising from essentially the same set of facts.) Our strategy paid off. Dismissing the claim, Federal District Court Judge Andre Birotte Jr. confirmed that the DTSA should be interpreted in light of general trade secret law and the federal procedural requirement that litigants plead a “short and plain statement” of their claims. By alleging that broad categories of general business materials were “trade secrets,” TriNet rendered its claim “unintelligible.” It also failed to shed sufficient light on the nature of the trade secret that had allegedly been misappropriated. The court also noted that the complaint was so “incoherently drafted” and “inconsistent and vague” that it was not feasible to evaluate anything else about it. While granting TriNet leave to amend its clearly defective claim, the court also dismissed the statutory unfair competition claim. The decision bodes well for HR Outsourcing’s prospects in the ongoing case — increasing the likelihood that our client will prevail and safeguard its competitive position in the marketplace.

Representative Clients

  • Adecco USA
  • Aegis Defense Services, LLC
  • Alphatec Spine, Inc.
  • Arektsky's Patroon
  • AYS Staffing
  • Bartlett Nuclear, Inc.
  • Bernard Spitzer
  • BioHorizons IPH, Inc.
  • Bostonian Group, a Marsh & McLennan Agency Company
  • Cambridge Health Alliance
  • CAST Software
  • Cava Mezze Restaurant Group
  • Clarion Capital Partners, LLC
  • Coworx Staffing Services
  • H.B. Day Co., Inc.
  • Informa USA, Inc.
  • Le Pain Quotidien
  • Nanni Restaurant
  • Nestlé Waters North America
  • NTT Data, Inc.
  • Panera Bread Company
  • Partners Benefit Group
  • Robert Half International
  • The Moinian Group
  • UNO Pizzeria & Grill
  • Wildlife Conservation Society
  • William Gallagher Associates Insurance Brokers

Past