About the Labor & Employment Practice Group

Conn Maciel Carey’s national Labor & Employment Practice Group represents employers in all aspects of the employment relationship. The firm works to create dynamic solutions for difficult workplace challenges facing employers. Our litigators defend employers in lawsuits filed in both federal and state courts. We also advise unionized and non-unionized workplaces regarding management’s rights under federal labor law.

LABOR • EMPLOYMENT

Employment Counseling

We provide day-to-day counseling on challenging employment issues that arise in the

workplace throughout the employment relationship:

•Advising on new hires, including employment agreements, onboarding risks and strategies to minimize liability when hiring individuals with restrictive covenants.

•Counseling on immigration and Form I-9 compliance.

•Drafting and updating employee handbooks and personnel policies and procedures, including enforceable confidentiality agreements and post-employment restrictive covenants such as non-compete, non-solicit, non-disclosure provisions.

•Ensuring wage and hour compliance and conducting internal audits, including lawfully classifying employees as exempt from the federal and state minimum wage and overtime laws; understanding how to calculate the regular rate of pay for overtime; and identifying what working time is compensable.

•Counseling on social media strategies and compliance with federal law.

•Conducting on-site inspections of public accommodations for compliance with state and federal ADA access laws.

•Assisting on navigating the maze of regulations related to employee leaves of absences, FMLA and ADA.

•Creating and implementing programs to avoid workplace violence.

•Counseling on lawful strategies to comply with the Affordable Care Act.

•Conducting internal investigations of workplace disputes and compliance issues.

•Presenting management and staff training on preventing discrimination and harassment in the workplace.

•Advising on affirmative action/OFCCP regulations and preparing AAPs for government contractors.

•Assisting in the investigation and protection of theft of trade secrets, misappropriation of confidential information or other types of unfair competition.

•Drafting severance agreements.

•Counseling on termination decisions and post-termination claims of wrongful discharge.

•Negotiating separation agreements, executive compensation packages, and change in control agreements on behalf of companies and senior executives.

Employment Litigation

We defend employers in class and collective actions and single-plaintiff claims in the following areas:

•ADA access claims against places of public accommodation

•ADA disability accommodation and discrimination

•Alternative Dispute Resolution/Arbitration provisions

•Business torts/Defamation

•Department of Labor enforcement audits including investigations brought by the Wage Hour Division, OSHA, and OFCCP

•Discrimination under federal and state law (race, gender, sex, disability, age, pregnancy, sexual orientation, national origin)

•FLSA and state wage and hour laws addressing claims such as misclassification, overtime, tip credit/tip pool/service charge, off-the-clock work, unpaid interns, and payment of bonuses and commissions

•FMLA, military leave, and state parental leave laws

•OSHA

•Retaliation

•Service Contract Act

•Trade secrets and restrictive covenants, breach of duty of loyalty, employee raiding, and violation of the federal Computer Fraud and Abuse Act

•WARN

•Whistleblowing and False Claims Act

•Workplace harassment (sexual, race, religious, workplace bullying)

Labor-Management Relations

We provide advice and counsel to unionized and non-unionized workplaces regarding an employer’s rights under the National Labor Relations Act and before the National Labor Relations Board (NLRB):

•Represent management in union organizing campaigns and elections, including representation and decertification cases.

•Defend management in unfair labor practice charges.

•Serve as chief labor negotiator for management in collective bargaining negotiations.

•Defend management in grievance and arbitration proceedings.

•Advise companies on strikes, secondary boycotts, picketing and hand-billing.

•Counsel management on strategies to defend against pension plan withdrawal liability.

•Develop strategies for employers to remain non-union.

•Testify and submit public comments on emerging legal issues pending before the NLRB on behalf of employers and trade associations.

Recent Client Alerts

NLRB’s Final “Ambush” Election Rule Will Spur New Organizing Campaigns

The 2015 Legislative Update for California Employers

New DC Wage & Hour Law Goes into Effect: What Employers Need to Know