Our services cover the full spectrum of employment law issues, from preparing employment documents to defending employment-related charges and other manners of employment law litigation. Our extensive bench and experience serving clients as national employment counsel ensures we can handle these matters for clients anywhere in the U.S.
We provide a wide range of counseling and supervisor training on subjects that include supervising effectively, avoiding liability in employment issues, complying with the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) and handling EEO/sexual harassment issues. With more than 70 attorneys, our practice focuses on litigation and counseling with an emphasis on employment discrimination, wage and hour, non-competes and leave laws. In conjunction with ongoing training efforts, we conduct HR and labor audits for clients, which help identify potential issues and minimize business disruptions.
We regularly appear before both state and federal courts, as well as administrative agencies. Our employment litigation experience includes the defense of class and collective actions in the WARN Act, Fair Labor Standards Act (FLSA), wage and hour and Fair Credit Reporting Act (FRCA) contexts, among others.
Many of our clients turn to our team to handle these matters on a statewide, multi-state or national basis. Clients who operate internationally also seek our assistance with respect to both their international and domestic operations.
Wage/Hour Law
Clients trust our attorneys to ensure they are complying with federal and state laws governing payment of employee wages. Notably, we work closely with clients on the analysis and determination of exempt and non-exempt status, regularly conducting audits of our clients’ pay practices to minimize the risk of potential violations, including violations of the Equal Pay Act. We also routinely represent our clients in audits by state and federal agencies, as well as working with them proactively to review their timekeeping and pay practices to minimize the potential for claims.
Additionally, we defend our clients when class action or collective action claims arise that assert violations of the Fair Labor Standards Act and/or similar state laws. We have deep experience defending these matters in jurisdictions across the country, including defending against class certification motions, conducting class discovery and achieving resolutions for our clients.
Audits, Counseling & Training
Recognizing that being proactive is often the best way to minimize claims, our attorneys partner with clients to ensure their policies and practices are designed to minimize their legal exposure. This includes reviewing, analyzing and evaluating hundreds of federal, state and local laws and regulations that govern the employer-employee relationship.
Our team provides hands-on training for managers, supervisors and executives in a proven approach to promote a company’s employee relations goals while minimizing litigation exposure. In conjunction with ongoing training efforts, we conduct HR and labor audits for clients, which helps identify potential issues and minimize business disruptions. From the way benefit plans are administered and how specific policy language in the employee handbook is written to the way unionized employees are disciplined, our attorneys build a thorough understanding of a company’s approach to managing their workforce. Our attorneys also guide clients through governmental audits of employment records.
As the law in this area continues to evolve, our attorneys strive to provide valuable insight by publishing client alerts, regularly contributing practical employment law tips to numerous business and trade publications and publishing our HR Survival Guide, a legal resource utilized by HR professionals throughout the country. We also offer onsite programs to address new developments in the law.
Employment Litigation
Clients routinely turn to our team to defend them in labor and employment litigation including controversies involving allegations of employment discrimination because of race, sex, religion, sexual orientation, disability, national origin, veterans’ status and age, including class action claims.
We defend discrimination, whistleblower and retaliation claims in state and federal courts, as well as before state and federal agencies throughout the country. We litigate cases for Fortune 500 companies in discrimination cases and have appeared in 43 states and the District of Columbia, which has given us experience in every federal court of appeals and the United States Supreme Court.
Additionally, we counsel clients on agreements containing non-compete, confidentiality and similar provisions. Whether such provisions can be enforced is vital to a client’s business and future success, and we represent clients enforcing these agreements.
Affirmative Action Plans/OFCCP Compliance
Our attorneys plan and defend clients against issues raised by the Office of Federal Contract Compliance Programs (OFCCP). Annually, our team prepares affirmative action plans for clients across several industries, including health care, banking, construction, manufacturing and transportation. We defend against OFCCP audits and state affirmative action agency audits. Additionally, our team provides legal representation to employers when the OFCCP asserts discrimination, seeking back pay and other remedies.
Our team performs the following affirmative action compliance services for government contractors and subcontractors:
- Prepare compliant narrative sections of affirmative action plans for minorities and women, individuals with disabilities, and veterans;
- Review and analyze contractor’s workforce and prepare utilization analyses;
- Review and analyze contractor’s personnel activity and conduct adverse impact analyses; and
- Train human resources, recruiting and management personnel, assisting them in complying with their obligations, including mandated outreach efforts.
We also defend contractors against audits conducted by the OFCCP, as well as many state agencies which require varying affirmative action obligations.