Labor, Employment and Executive Compensation
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)
Labor Law Services For Non-Union Employers
- Preventive Labor Relations:
- Union Avoidance
- Unfair Labor Practice (ULP) Charges
- Representation Elections and Related Communications
- Recognition Agreements; Neutrality
Labor Law Services For Unionized Employers
- Collective Bargaining
- Analyzing Current Labor Agreements
- Grievance Resolution and Arbitration
- Unfair Labor Practice (ULP) Charges
- Strikes, Work Stoppages, Slowdowns, Pickets, Handbilling
- Response to Employee Initiatives to Obtain Union-Free Status
Employment Law Services For All Employers
- 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.
- Advising management of changes, developments and trends in the law regarding employee rights (e.g., drug testing, employee privacy, polygraphs, access to personnel files, use of medical information, etc.).
We represent high level executives, managing directors, and other senior personnel in connection with the negotiation of their compensation and severance arrangements. This includes compensation in the form of deferred or restricted equity, earn-outs, bonus and stock option plans. We frequently advise and represent clients in connection with non-compete and non-solicitation provisions, retention agreements and post-sale consulting agreements. Often our clients seek our guidance in connection with a merger or acquisition that will affect their employment status and compensation structure.