Labor, Employment, and Executive Compensation

With over 100 different laws governing the relationship between employer and employee, labor and employment law can be a tricky space to navigate. In such a complex regulatory arena, employers must do more than just manage people—they must manage risk.

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 costly litigation.

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-adversarial solutions are not possible, we offer our clients thorough and committed representation in administrative proceedings before state and federal agencies; arbitrations and mediations; internal grievance or dispute resolution proceedings; and litigation in state and federal courts.

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Labor & Employment – Transactional

Barton’s labor and employment team offers a strategic alternative to firms who over-specialize and reflexively pass clients around to attorneys with no knowledge of the client’s business. We know that there is tremendous value in having a labor and employment partner who truly understands and cares about the client’s business.

We build client relationships by taking an active interest in what clients do, where they are, and who they hire. Investing in clients allows us to develop practical, business-oriented solutions to the increasingly complex web of federal, state, and local employment laws across the United States.

Our advice is both strategic and tactical, ranging from helping executive leadership stay ahead of major legal developments to promptly assisting HR personnel and front-line leadership with day-to-day employment issues in the field. Through engagement with clients at all levels, we can provide valuable perspective to senior leaders and help clients maintain enterprise-wide consistency and cohesion.

While clients can rely on us for virtually anything in the labor and employment space, we frequently assist with the following:

  • Day-to-day employee issues
  • Compliance with federal, state, and local employment laws across the United States
  • Drafting and reviewing employee handbooks, supervisory manuals, and personnel policies
  • Offer letters, background screening authorizations, pre-adverse action notices, wage notices, and other onboarding documents
  • Employment agreements, business protection agreements, non-disclosure agreements, non-solicitation agreements, non-competition agreements, and other restrictive covenants
  • Internal wage and hour audits to determine if employees and independent contractors are properly classified and compensated under the FLSA and state laws
  • Minimum wage exemptions, overtime exemptions, pay transparency notices, pay equity audits, tip credits, tip pools, and other wage/hour issues
  • Employee terminations, reductions-in-force, layoffs, outsourcing, offshoring, severance agreements, and WARN compliance
  • EEO training, sexual harassment training, anti-discrimination training, supervisor training
  • Union avoidance audits, union avoidance training, and unionization campaigns
  • Employment diligence for M&A and fundraising activity
  • Immigration issues and work visas
  • Commission and bonus plans
  • Executive compensation, equity and other incentive compensation arrangements, retention agreements, change-of-control provisions, 409A compliance, and other executive-specific issues (Learn more about our capabilities regarding executive compensation and separation here.)

Labor & Employment – Dispute Resolution

We also recognize that, even in the best-run companies, employment litigation and union organizing activity can arise. There are always practical, proactive steps that clients can take to position themselves favorably when employees sue or attempt to organize. We have also defeated employee organizing efforts by performing union avoidance audits and training during times of labor peace. We frequently represent clients in the following:

  • Discrimination, harassment, and retaliation lawsuits
  • Unfair labor practice charges
  • OSHA complaints
  • Wage and hour lawsuits
  • Class and collective actions
  • lawsuits involving non-disclosure agreements, non-solicitation agreements, non-competition agreements, trade secrets, and unfair competition
  • Labor negotiations and collective bargaining

Read more about our labor and employment dispute resolution capabilities here.

Work in this Area

Labor, Employment, and Executive Compensation

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Representative Matters
  • Counsel to Companies Facing FLSA Claims
    • Represented various companies against claims brought under the Fair Labor Standards Act.
  • Advised Foreign Food and Spirits Producers on U.S. Operations
    • Represented several overseas producers of food products and spirits in connection with their operations in the United States.
  • General Counsel to Mid-Market Companies in Various Industries
    • Served as outside general counsel to numerous mid-market companies, including those in the freight, delivery, logistics, restaurant, hospitality, and wine and spirits industries. Oversaw all aspects of their legal representation including corporate and transactional, financing, employment, real estate, and litigation matters, thus directly contributing to the successful operation and substantial growth of these businesses.
  • Advisor Regarding Creation of Employee Handbooks
    • Has represented several employers in the creation and reviewing of their respective employee handbooks, advising on content and suggesting revisions based on various applicable employment laws.
  • Conducted Risk Analysis of Union Organizing
    • Represented a company with locations throughout the United States and worked with them to target offices which were most likely to be susceptible to union organizing attempts, conduct in-depth risk analyses at these locations, and develop a strategy to successfully maintain union-free status.
  • Defended Clients in Employee Classification Cases
    • Has successfully represented several employers accused of misclassifying workers as “independent contractors” or “exempt employees” to avoid overtime pay.
  • Advised Entertainment Company on Child Labor and Overtime Laws
    • Prepared an in-depth survey of all state child labor laws affecting a large entertainment company with locations throughout the United States. In addition, also prepared a survey of all relevant state overtime pay laws.
  • Counsel Regarding Compliance with Neutrality Agreements
    • Trained managers and supervisors of a nation-wide communications company—that had entered into a “neutrality” agreement with two unions—on how to comply with that agreement and still effectively manage the business.
  • Conducted Union-Avoidance Training Programs
    • Conducted union-avoidance training periodically for managers and supervisors of a large, nation-wide communications company.
  • Conducted Sexual Harassment Training Programs
    • Has conducted multiple comprehensive sexual harassment training programs for companies and their employees.
  • Advised on Pension Withdrawal Liability Assessment
    • Has represented multiple companies regarding pension withdrawal liability assessment when collective bargaining-based pension agreements expire, or the company goes bankrupt.