PRACTICE AREAS
- Broker-Dealer Securities
Regulations - Cooperatives, Condominiums
and Homeowners Associations - Corporate Transactions
- Financial Restructuring,
Bankruptcy & Creditors Rights - Governance & Compliance
- Hedge Funds
- Labor & Employment
- Litigation
- Patent & Intellectual Property Litigation
- Private Client Services
- Private Equity and Venture Capital
- Real Estate
Labor & Employment
There are more than 100 different laws governing the relationship between employer and employee. In this complex regulatory arena, employers must do more than just manage people; they must manage risk.
Our team of skilled lawyers has in-depth experience in guiding our clients through the maze of changing requirements of federal, state and local government. Our primary focus is on working with our clients to develop, implement and maintain policies and procedures which foster positive employee relations. We believe that a successful marriage of an effective human resources program with an informed and well-trained operations team is the best way to avoid the costly litigation and organizing activity generated by poor employee morale.
When problems or complaints arise, our attorneys assist our clients in effecting operative solutions that minimize costs and maximize results. Where proactive, informal or non-litigious solutions are not possible, we offer our clients thorough and committed representation:
See our work in this area
There are more than 100 different laws governing the relationship between employer and employee. In this complex regulatory arena, employers must do more than just manage people; they must manage risk.
Our team of skilled lawyers has in-depth experience in guiding our clients through the maze of changing requirements of federal, state and local government. Our primary focus is on working with our clients to develop, implement and maintain policies and procedures which foster positive employee relations. We believe that a successful marriage of an effective human resources program with an informed and well-trained operations team is the best way to avoid the costly litigation and organizing activity generated by poor employee morale.
When problems or complaints arise, our attorneys assist our clients in effecting operative solutions that minimize costs and maximize results. Where proactive, informal or non-litigious solutions are not possible, we offer our clients thorough and committed representation:
- Before the various federal administrative agencies, including the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), and United States Department of Labor
- Before various state administrative agencies, including the New York State Division of Human Rights, the New York State Department of Labor and the Office of the Attorney General
- In state and federal courts; and
- Before arbitrators and mediators or in connection with other forms of Alternative Dispute Resolution (ADR)
- Preventive Labor Relations: Assisting in the development of Company policies and procedures predicated on well-established principles of enlightened management – designed to develop an effective human resources program, to equip a well-trained and informed managerial/supervisory team, to encourage open, upward/downward communications and provide fair problem solving procedures. Training managers and supervisors in the fundamental skills required to maintain stable employee relations.
- Union Avoidance: Formulating and executing lawful strategies to respond to union organizing efforts consistent with the goals of the union-free employer. Through the years, our attorneys have helped prepare thousands of front-line supervisors to lawfully and effectively respond to union organizing threats.
- Unfair Labor Practice (ULP) Charges: Assisting the Employer in the investigation, trial and/or resolution of charges filed at the NLRB.
- Representation Elections and Related Communications: Resolution of issues raised by NLRB petitions filed on behalf of unions attempting to organize the Employer’s workforce. Advising on communications with employees in the weeks leading up to an NLRB election, and assisting in election-related formal procedures. Our attorneys have helped our clients withstand hundreds of attempts by unions to organize their workforces.
- Picketing/Boycotts: Helping Employers protect their interests, responding to recognitional, area standards, informational and/or economic picketing.
- Recognition Agreements; Neutrality: Assisting the Employer in assessing and responding to union entreaties to forgo the traditional NLRB-run representation election process. Drafting and monitoring card-check, neutrality and other similar voluntary recognition agreements. Training management and supervisory personnel to ensure compliance with such agreements, while protecting the rights of all parties involved.
- Collective Bargaining: Advising, counseling and training managers and supervisors in all aspects of “good faith collective bargaining” under the National Labor Relations Act. Assisting in the development of collective bargaining strategies for the present and future negotiations, including the direct participation in collective bargaining.
- Analyzing Current Labor Agreements: Reviewing contracts, memoranda of understanding, past practices and arbitration awards to thoroughly understand the respective parties’ contractual obligations and to identify management strengths and weaknesses. Counseling and training managers and supervisors in the proper interpretation, application and enforcement of such labor agreements and grievance resolution.
- Grievance Resolution and Arbitration: Advising the Employer during preliminary grievance resolution procedures. Preparing for and representing the Employer’s legal interests at arbitration hearings.
- Unfair Labor Practice (ULP) Charges: Assisting the Employer in the investigation, trial and/or resolution of charges filed at the NLRB.
- Strikes, Work Stoppages, Slowdowns, Pickets, Handbilling: Assisting in the development and formulation of lawful plans and strategies to withstand interruptions to or interference with the Employer’s business operations caused by union strikes, work stoppages, slowdowns, picketing or handbilling, including the lawful use of temporary and permanent replacements, lockouts, subcontracting and security personnel.
- Response to Employee Initiatives to Obtain Union-Free Status: Advising, counseling and representing unionized clients in the process of responding to employee initiatives to obtain union-free status, including: decertification petitions and election procedures; withdrawal of recognition based on objective evidence of a union’s loss of majority support; and deauthorization petitions and election procedures.
- Advising, counseling and training managers and supervisors on all matters of federal law and practice involving employment and workplace law issues, including compliance with Title VII of the Civil Rights Act, the Equal Pay Act, the Americans with Disabilities Act, the Fair Labor Standards Act (e.g., wage and hour laws, child labor laws) and, where applicable, state human rights laws.
- Conducting on-site, in-depth “risk review” meetings with managers and supervisors to ascertain compliance with applicable federal and state anti-discrimination laws, identify potential risks and exposures and to recommend appropriate, lawful corrective action.
- Representing and defending management against charges and complaints of unlawful employment discrimination in both administrative proceedings and related court litigation.
- Drafting and reviewing employee handbooks, supervisory manuals and personnel policies.
See our work in this area
