Barton’s team of skilled lawyers has extensive experience guiding our clients through the maze of changing labor and employment requirements of federal, state, and local governments. Our primary focus is to work with our clients to develop, implement, and maintain policies and procedures that foster positive employee relations. We believe a successful partnership between an effective human resources program and an informed, 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, Barton assists clients with developing solutions to their labor and employment issues that minimize costs and maximize results. If proactive, informal, or non-adversary solutions are not possible, we offer our clients thorough and committed representation in all of the following situations:
- Before the various federal administrative agencies, including the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), and the U.S. 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
- 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, including managerial/supervisory training
- Union avoidance
- Unfair Labor Practice (ULP) charges
- Representation elections and related communications
- Recognition agreements; neutrality
- Conducting in depth on-site risk evaluation audits to ascertain vulnerability to union organizing
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
- Responding to employee initiatives to obtain union-free status
- Conducting internal investigations concerning allegations of sexual harassment and providing in-depth reports
- Training managers, supervisors, and hourly employees on preventing sexual harassment in the workplace
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 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 assess compliance with applicable federal and state anti-discrimination laws, identify potential risks and exposures, and 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.).
- Conducting I-9 audits to determine potential financial exposure to fines.
Barton represents high-level executives, managing directors, and other senior personnel in connection with the negotiation of their compensation and severance arrangements, including deferred or restricted equity, earn-outs, and bonus and stock option plans. We frequently advise and represent clients regarding non-compete and non-solicitation provisions, retention agreements, and post-sale consulting agreements. Clients also often seek our guidance concerning mergers or acquisitions that will affect their employment status and compensation structure.