Labor and Employment Law

Practice Area

Harris Beach has extensive experience representing management in labor and employment disputes. While our attorneys are experienced and successful in defending employers against employment-related claims and lawsuits, we also work closely with clients to prevent employment claims. Today, we have one of the largest and most active private and public sector labor practices in New York state. Our labor and employment attorneys help our clients navigate the ever-changing and increasingly complex array of laws, regulations, and court decisions that govern and impact our client’s daily operations.
Our services include:

Employment Discrimination Counseling and Defense

We regularly represent employers in federal and state courts and before federal and state administrative agencies in employment discrimination matters regarding claims of discrimination, harassment and retaliation brought under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and similar federal and state laws. Our attorneys have extensive trial and litigation experience in all types of employment discrimination matters, including disability, age, gender, sexual harassment, national origin, race and religion. Such matters often involve class action and multi-plaintiff cases matters. We also defend employers against discrimination charges brought before the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance Programs, and related state agencies, and we guide employers through internal and external investigations. Further, our attorneys assist employers with policy development to help prevent and eliminate harassment and discrimination in the workplace, as well as design and deliver managerial and staff non-discrimination and anti-harassment training.

Collective Bargaining and Other Organized Labor Issues

Our attorneys have considerable experience negotiating collective bargaining agreements to help assist our clients in reaching their goals at the bargaining table. We also negotiate, draft, and review individual employment contracts for our private and public sector clients. Our attorneys represent employers in arbitration hearings and appear on behalf of employers at all levels of the court system, the National Labor Relations Board, and the Public Employment Relations Board.

Employers’ Rights and Union Organizing

Harris Beach attorneys regularly assist employers with union prevention training and policy development to assist in union avoidance efforts. We also provide representation and counsel to employers whose non-union workforce may be turning to organized labor. We offer guidance and counsel with respect to the lawful methods of communicating with employees regarding potential unionization, and we represent employers in National Labor Relations Board and Public Employee Relations Board proceedings that often arise when union organizing occurs.

Unfair Labor Practices/Improper Employer Practices

We defend private and public employers against unfair labor/improper employer practice charges and we handle appeals of such cases in federal and state courts. Our attorneys also represent employers filing charges of unfair labor/improper practices against unions.

Employment Counseling

We offer a broad range of counseling on labor and employment issues faced by employers, including, employee discipline and discharge, workplace investigations, and other issues that arise throughout the employment decision making process. We also assist employers with the development of personnel policies and guide employers through the ever-changing array of labor and employment laws and regulations. We assist employers with reductions-in-force to ensure compliance with statutory requirements and assist with the potentially negative impact of layoffs on employee relations and company culture.

Harris Beach attorneys assist employers in drafting employee handbooks and manuals, and policies and procedures governing such areas as non-solicitation, leaves of absence, drug testing, background checks, pre-employment testing, harassment, electronic communications, and protection of confidential information and trade secrets. Our attorneys also assist employers in training managers and supervisors in the implementation of these important policies and procedures, and we provide advice on hiring, discipline and termination, employee compensation and benefits issues, and compliance with other labor and employment laws. We also conduct compliance audits for our clients covering each of these areas.

Wage and Hour Counseling and Litigation

Harris Beach attorneys counsel employers on federal and state minimum wage and overtime laws, the New York State Labor Law, and the general regulations governing employment hours, conditions, and pay. We also represent employers facing charges filed with state and federal Departments of Labor that allege a violation of one of those laws or regulations. Our attorneys are successful in defending claims and advising employers regarding compliance with the wage and hour laws. We regularly defend wage and hour lawsuits, including collective and class actions, involving such issues as overtime, missed/unpaid meal and break periods, prevailing wages, deductions from wages, and other recordkeeping issues. Our attorneys work with clients to prevent litigation by conducting compliance audits and assisting in determining proper application of the statutory minimum wage, record-keeping and overtime requirements.

Employee Benefits

Our attorneys advise clients on matters of statutory compliance with ERISA, COBRA and HIPAA related to employee benefits and benefit plans.

Workplace Health and Safety

We offer legal counsel to employers on safety in the workplace, including federal and state Occupational Safety and Health Act issues, on-site workplace inspections, subpoenas, and issues involving toxic materials and asbestos. We represent clients in court or administrative proceedings before the Occupational Safety and Health Administration (OSHA). We also advise employers who receive inquiries under the state's "Right To Know" Law, which allows employees to request their personnel files. Harris Beach attorneys also advise employers about other workplace health and safety issues, including workplace environmental hazards, violence in the workplace, drug and alcohol issues, and communicable illnesses in the workplace. Our attorneys deal with these matters at the preventive stage and when issues arise by advising clients about the development of workplace health and safety policies and assisting employers with internal and external investigations related to employee safety and health.

Employee Leaves

Our attorneys provide guidance and counsel to employers dealing with employee leaves under a host of federal and state laws and regulations, including the Family and Medical Leave Act (FMLA) and its various notice, posting, and recordkeeping requirements. In addition, we help employers evaluate and process leave requests and defend charges of FMLA discrimination and interference filed with the USDOL or in state and federal court. Harris Beach attorneys also advise employers on employee leave issues that arise under the Americans with Disabilities Act and its state law counterparts, state workers’ compensation laws, military leave laws, and the interplay between these various statutes.

Corporate Sales and Acquisitions

Our Labor and Corporate Practice Groups work in partnership to solve the many labor and employment issues that arise when one business purchases the stock or assets of another. We offer legal counsel on successor employer obligations, planning for severance pay obligations, ERISA issues, pending discrimination claims, unfair labor practice charges, and state and federal plant closing laws.

Immigration Law

Our attorneys offer legal counsel and assist businesses, employers, organizations, educational institutions, and individual professionals and researchers with immigration matters. These matters include I-9 compliance, general counsel on immigration benefits, filing and processing permanent U.S. residency and temporary visas, including H-1B, L, O, and TN temporary visas, NAFTA applications, transferee and other corporate immigration benefits related to oversea businesses and facilities, and adjustment of status documents.

Employment at Will and Wrongful Discharge Litigation

When our clients need to make personnel changes, we advise them on this process and represent them when former employees make claims related to their discharge. Our attorneys also handle claims arising from non-compete agreements or state or federal "Whistle Blower" laws.

Public Sector Employment

Our attorneys offer specialized legal counsel to employers who are subject to the rules and regulations of employing workers in the public sector, including issues arising from the Taylor Law, and the hiring, promotion, discipline, and discharge of employees under the New York Civil Service and Education Laws. We also represent employers in administrative proceedings under these laws.

Policies/Training

We provide preventive legal advice and training for all levels of management. Our attorneys develop and review employee handbooks and work rules and they review personnel procedures for compliance with applicable laws and regulations. We also provide hands-on training for supervisors who must be aware of legal restrictions in their day-to-day activities.