EXPERIENCE
Our experience is exceptionally broad and varied. If a matter involves the employer-employee relationship, we generally have multiple practitioners with the experience and expertise necessary to address the issue. We provide advice and counsel in connection with:
Labor Relations. Our clients regularly seek our advice and recommendations on positive changes to policies, practices, and communications programs as necessary to remain union-free. We conduct thorough training of supervisors and management to assist with not only legal compliance but also to enhance employee relations and address employee concerns.
For unionized employers, our attorneys are experienced in handling proceedings in the private sector under the National Labor Relations Act and Railway Labor Act, and in the public sector before the New York Public Employment Relations Board. We provide legal advice and assistance during union organizing, picketing, decertification, and other circumstances affecting management’s interaction with organized labor.
We assist in all aspects of collective bargaining and formulation of strategy; provide advice and counsel in all stages of the grievance and arbitration processes; advise in contract administration issues; and counsel as to strikes and work stoppages.
Labor and Employment Law Compliance. Our attorneys provide our clients with the day-to-day advice that they need to comply with the increasingly complex system of laws that regulate the employment relationship in both the private and public sectors. As an example, clients regularly seek our assistance with managing employee disability issues under the Americans with Disabilities Act, the Family and Medical Leave Act, and state disability and workers’ compensation laws.
In the private sector, we provide advice on employment law issues affecting minimum wage, overtime, and other employee compensation matters; employee recruiting and background checks; disability accommodation and employee work restrictions; employee leaves of absence and return-to-work issues; business sales, acquisitions, and relocations; mass layoffs, plant closings, and other reductions in force; OSHA compliance and workplace safety; EEO-1, VETS-100, LM-10, and other employer reporting obligations; and a variety of other employment law matters.
For our public sector clients, we also provide advice on Civil Service Law compliance; tenure and employee discipline issues; compensatory time and other public sector wage and hour matters; PESH-related matters; and various municipal law issues related to employment in the public sector.
Employment Policies and Practices. The Group’s attorneys review management policies and communications for compliance with anti-discrimination and other laws affecting the employment relationship. We regularly prepare and review employment applications, employee handbooks, and affirmative action plans and procedures.
We conduct training programs for management and supervisors and prepare policies on such issues as sexual harassment and discrimination prevention, substance abuse, Americans with Disabilities Act requirements, and handling of employee discipline and discharge.
We also help employers deal with other policy issues such as reference checks, workplace violence, employment agreements, confidentiality and non-compete agreements, vacation and leave benefits, family and medical leaves of absence, dispute resolution, and hazard communications. We work closely with our Employee Benefits and Immigration Law groups where necessary to ensure that all aspects of a particular matter are addressed.
EMPLOYMENT DISPUTES AND LITIGATION
Discrimination Actions. Our Labor and Employment Group has a proven track record of effective and efficient defense of small, midsize, and large international employers, as well as public employers, in all types of discrimination actions. The types of cases we have taken to a successful conclusion on behalf our employer clients include claims alleging a violation of:
- Title VII (including claims based on race, color, religion, sex, and national origin)
- the Americans With Disabilities Act (ADA)
- the Age Discrimination in Employment Act (ADEA)
- the New York State Human Rights Law
- Sexual harassment claims
- ERISA and other employee benefit claims
- 42 U.S.C. Section 1981
- 42 U.S.C. Section 1983
- the Family and Medical Leave Act (FMLA)
- the Equal Pay Act
- the Pregnancy Discrimination Act
Class/Multiple Action Suits. We have handled complex matters involving multiple plaintiffs with multiple claims in both state and federal courts. In particular, our attorneys have extensive recent experience with respect to wage and hour class/collective actions, which are becoming increasingly commonplace.
Union Labor Matters. We represent management in both the public and private sector in defense of actions brought by labor unions in matters relating to the National Labor Relations Act (NLRA) and other statute and state law claims. These actions have involved enforcement actions, stays, injunctions, and appeals.
Defense in Other Employment Lawsuits. Our litigation services cover the entire spectrum of dispute resolution, including defense of claims involving harassment and civil rights. We also defend against claims that management violated employment contracts (wrongful discharge, non-competition, and related torts); state labor laws (wages and wage supplements); the Occupational Safety and Health Act (OSHA); executive employment and compensation contracts; and cases involving ERISA and employee benefit plans.