Employment &Labor Litigation

Class and Collective Actions

Our team provides aggressive defense of discrimination claims and actions brought under wage and hour laws such as the Fair Labor Standard Act or under the Fair Credit Reporting Act. Class and collective employment actions, including hybrid lawsuits involving both opt-out and opt-in claims, raise the stakes exponentially for employers. They are inherently more complicated in virtually every phase of litigation, including any settlement. We have a proven track record of managing the burden of electronic discovery that class/collective action plaintiffs often attempt to exploit, and we work with our clients to avoid class and collective actions altogether through pre-litigation waivers of these procedural mechanisms.

ERISA Litigation

ERISA is fraught with the potential for litigation, and our attorneys have successfully defended plans, fiduciaries, sponsors, boards and trustees in the trial courts, as well as in administrative proceedings before the Pension Benefit Guaranty Corporation, the US Department of Labor and other agencies. This complex area of the law prompts high-value claims, including class actions, in a broad array of issues that include breach of fiduciary duty, valuation, fees, stock drops, age discrimination, as well as claims that grow out of fund terminations, multi-employer funds and mergers. In all these matters, experience often is the deciding factor in obtaining successful resolutions in this challenging area of the law.

Whistleblower Litigation

Whistleblower claims have increased in recent years, following incentives and protections against retaliation created by the Dodd-Frank Act and False Claims Act. We defend civil and criminal claims, and we assist clients in prevention by setting up compliance and education programs for managers and employees.

Worker Classification, Compensation and Litigation

Flexible and non-traditional arrangements sometimes create confusion about the workers’ status, particularly with independent contractors. Misunderstandings can lead to government enforcement actions, fines and civil claims. We advise clients on how to set up exempt and non-exempt workers, and we represent them if they are the target of government enforcement actions or private claims.

Workplace Safety and OSHA Counseling and Litigation

Both large and small businesses must comply with a myriad of strict legal rules related to workplace safety, as required under the U.S. Occupational Safety and Health Act of 1970 and its implementing regulations. Our experienced attorneys understand U.S. OSHA’s complex web of rules and what is legally required when operating a safe and healthy workplace. Whether under the obligations of the “general duty clause,” specific employee injury/illness record keeping and reporting rules, employee hazard communication requirements or the vast array of other workplace safety standards, employers need must operate their businesses in compliance and protected against potential OSHA legal exposure. We counsel businesses on OSHA compliance, inspection and enforcement, and help defend them when confronted with potential OSHA liability.

Related Services: Employment Counseling | Labor Relations | Employee Benefits and Executive Compensation | Class and Collective Action | Government & Internal Investigations