Collective Bargaining and Other Organized Labor Issues

• Negotiate collective bargaining agreements
• Negotiate, draft and review individual employment contracts for private and public sector clients
• Represent employers in arbitration hearings
• Appear on behalf of employers at all levels of the court system, the National Labor Relations Board and the Public Employment Relations Board

Corporate Sales and Acquisitions

• Partner with our Corporate Practice Group to address labor and employment issues related to purchasing stocks and assets
• 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

Employee Benefits and Employee Leaves

• Advise on statutory compliance with ERISA, COBRA and HIPAA related to employee benefits and benefit plans
• Guide employers dealing with employee leaves under regulations including the Family and Medical Leave Act (FMLA) and its various notice, posting and recordkeeping requirements
• Help evaluate and process leave requests and defend charges of FMLA discrimination and interference filed with the USDOL or in state and federal court
• Advise on employee leave issues that arise under the Americans with Disabilities Act and its state law counterparts, state workers’ compensation laws and/or military leave laws

Employers’ Rights and Union Organizing

• Assist with union prevention training and policy development to support union avoidance efforts
• Provide representation and counsel to employers whose non-union workforce may be turning to organized labor
• Counsel with respect to the lawful methods of communicating with employees regarding potential unionization
• Represent employers in National Labor Relations Board and Public Employee Relations Board proceedings related to union organizing

Employment at Will and Wrongful Discharge Litigation

• Advise on necessary personnel changes
• Represent clients when former employees make claims related to their discharge
• Handle claims arising from non-compete agreements or state or federal whistleblower laws

Employment Counseling and Policy Development

• Counsel on employee discipline and discharge, workplace investigations and other related issues
• Assist employers in developing personnel policies
• Guide process of reductions-in-force to ensure compliance with statutory requirements
• Help mitigate impact of layoffs on employee relations and company culture
• Draft policies and procedures governing non-solicitation, leaves of absence, drug testing, background checks, pre-employment testing, harassment, electronic communications and protection of confidential information and trade secrets
• Facilitate training on implementation of policies and procedures, including COVID-19
• Counsel on legal compliance with hiring, discipline and termination, employee compensation and benefits issues.
• Conduct compliance audits

Employment Discrimination Counseling and Defense

• Represent employers in federal and state courts and 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 other similar federal and state laws
• Provide trial and litigation experience in matters, including class action and multi-plaintiff, involving disability, age, gender, sexual harassment, national origin, race and religion
• Defend employers against discrimination charges brought before the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance Programs, the New York State Division of Human Rights and related state agencies; while guiding employers through internal and external investigations
• Shape policy development to help prevent and eliminate harassment and discrimination in the workplace
• Design and deliver managerial and staff non-discrimination and anti-harassment training

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 overseas businesses and facilities, and adjustment of status documents.

Public Sector Employment

• Counsel 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
• Represent employers in related administrative proceedings

Unfair Labor Practices/Improper Employer Practices

• Defend private and public employers against unfair labor/improper employer practice charges
• Handle appeals in federal and state courts
• Represent employers filing charges of unfair labor/improper practices against unions

Wage and Hour Counseling and Litigation

• Counsel employers on federal and state minimum wage and overtime laws, the New York State Labor Law, including general regulations governing employment hours, conditions and pay
• Represent employers facing charges filed with state and federal Departments of Labor that allege violations of law
• 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
• Conduct compliance audits and assist in determining proper application of requirements such as statutory minimum wage, record-keeping and overtime

Workplace Health and Safety

• Counsel 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
• Represent clients in court or administrative proceedings before the Occupational Safety and Health Administration (OSHA)
• Advise employers who receive inquiries under the state’s Right To Know Law
• Counsel on other workplace health and safety issues, including workplace environmental hazards, violence in the workplace, drug and alcohol issues, cannabis use and communicable illnesses, including COVID-19

Workplace Policies/Training

• Provide preventive legal advice and training for all levels of management
• Develop and review employee handbooks, office policies and work rules, including policies for COVID-19 and cannabis use
• Review personnel procedures for compliance with applicable laws and regulations
• Execute hands-on training for supervisors