The rapidly developing area of labor and employment law presents a daunting array of challenges for employers and senior management of public and private companies. To help employers and senior management manage these challenges, Moses & Singer’s Labor, Employment & Employee Benefits Group advises and advocates on all aspects of federal, state and local labor and employment laws, including, at the federal level, NLRA, FLSA, Title VII, ADEA, ADA, ERISA, LMRDA, and COBRA/HIPAA. Our public and private clients represent a broad range of industries and markets, such as aerospace, automotive, banking, biotech, communications, construction, defense, energy, finance, healthcare, hospitality, manufacturing, media, metals/mining, pharmaceutical, petrochemical, real estate, technology and utilities.

The ability to avoid, or successfully and quickly resolve, disputes with employees is critical to maximizing the value of any business. But if litigation becomes necessary, we advocate for our clients in virtually any forum in which a claim that may arise. Our experienced practitioners litigate, arbitrate and mediate before state and federal courts, arbitration panels, agencies and before administrative tribunals such as the American Arbitration Association (AAA), the Judicial Arbitration and Mediation Service (JAMS), the Equal Employment Opportunity Commission (EEOC), the Internal Revenue Service (IRS), the U.S. Department of Labor (DOL), the National Labor Relations Board (NLRB), and the Pension Benefit Guaranty Corporation (PBGC) as well as their state, local and international equivalents.

We help our clients achieve their goals by counseling them on how to manage risk and ensure compliance with all applicable laws and regulations. The Group takes a holistic approach to counseling clients by working closely with practitioners from the firm’s other core practice groups, including Tax, Banking and Finance, Corporate/M&A, Healthcare, Global Outsourcing and Procurement, Litigation and Business Reorganization/Bankruptcy and Privacy and Cybersecurity. Our approach ensures clients receive comprehensive advice to meet all their business needs.

The Group’s services include:

• advising employers on hiring, managing and discharging employees; performance evaluations, job descriptions, compliance with federal, state, and local anti-discrimination laws and workers’ compensation statutes;
• representing clients in enforcing and defending litigation involving noncompetition, nondisclosure and employment agreements; designing intellectual property and trade secret protection plans;
• representing management in federal and state court, arbitration panels and before government agencies regarding claims alleging wrongful discharge on the basis of race, gender, age, disability, harassment, hostile work environment and retaliation claims;
• counseling clients on federal and state wage and hour laws, including the FLSA and the Wage Theft Prevention Act, and representing clients in federal and state Department of Labor investigations/audits regarding alleged violations of these and other employment laws;
• guiding employers through plant closings, reductions-in-force, and Workers Adjustment and Retraining Notification (WARN) Act compliance issues;
• preparing and maintaining personnel manuals and employer policy statements;
• assisting clients with the design, implementation and defense of policies, including policies on mandatory arbitration of employment claims, document retention and confidentiality, e-mail and internet use, and protection of proprietary information and company work product;
• conducting internal investigations, including allegations of discrimination and leaks of confidential information;
• advising on the proper classification of employees, including exempt, non-exempt and independent contractors;
• representing employers, senior executives and independent contractors in drafting and negotiating of executive employment agreements, compensation arrangements, independent contractor agreements, nonqualified deferred compensation, noncompetition, nonsolicitation and confidentiality agreements and severance arrangements;
• designing, drafting and implementing qualified retirement plans, nonqualified plans and employee health and welfare plans and programs (ERISA and non-ERISA);
• representing employers in collective bargaining negotiations and administration;
• performing due diligence and negotiating labor, employment and employee benefits aspects of major corporate transactions, such as M&A; redesigning and harmonizing of labor relations and compensation strategies and employee benefit plans to align treatment of employees of the acquired entity with those of the buyer;
• advising multinational companies on cross-border employment and employee benefits issues;
• advising on the federal, state, local and international tax aspects of employee compensation and benefits;
• advising on plan funding and conduct plan terminations under Title IV of ERISA;
• obtaining ruling exemption and opinion letters from the IRS, DOL and PBGC;
• designing incentive-based and stock-based compensation programs;
• advising compensation committees on executive pay and corporate governance, including Section 409A issues; and
• advising fiduciaries on compliance issues and representing them in contested benefits claims.

For more information please email us at laborinfo@mosessinger.com

Prior results do not guarantee a similar outcome.