The workplace can give rise to a variety of legal issues, ranging from simple issues like vacation entitlement to complex lawsuits involving contract interpretation and real or alleged employment discrimination. Flaster/Greenberg draws on extensive experience in the representation of both employers and employees to seek practical solutions to workplace issues. Our lawyers can create benefit packages, structure employment contracts, negotiate severance agreements, and otherwise help clients negotiate the many Federal, State and local laws governing the employer/employee relationship. And when employment cases move into the courts, as they often do, Flaster/Greenberg brings a wealth of experience and skill to your side. We fight aggressively for our clients in state and federal courts every day, and always strive to protect our clients' rights, achieve success and bring fair and final resolution to employment disputes.
Employment Discrimination: Advice and Litigation
We are experienced and up to date on the latest developments in federal and state laws prohibiting discrimination-including Title VII of the Civil Rights Act, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, and state equivalents. We also frequently represent clients in dealing with government agencies that administer these laws. We counsel employers concerning compliance issues and are experienced litigating disputes in state and federal courts.
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Employer-Employee Relations
We advise clients with respect to a variety of short-term and long-term human resource issues. For example, clients often seek our counsel in areas that include:
- The Americans with Disabilities Act, The Family and Medical Leave Act, and other family and personal responsibilities discrimination
- Advice and guidance on overtime pay, white collar exemptions, permissable pay deductions and other wage and hour issues.
- Preparation of employee handbooks.
- Development and Preparation of union avoidance strategies.
- Conducting conferences, workshops, and seminars for management and supervisory employees on a variety of topics that include administration of discipline, sexual harassment, and other aspects of EEO compliance.
- Compliance with federal and state drug testing regulations.
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Non-Competition and Related Obligations
In an economy where intense competition is the guiding principle, employers often have a legitimate interest in protecting their intellectual property, ideas, customer relationships, employees, goodwill, and other business assets. At the same time, courts are sometimes reluctant to enforce contracts that unduly restrict competition by former employees. We are skilled in crafting restrictive covenants and other agreements between employers and employees that protect your legitimate interests while taking into account the guidelines established by recent court decisions. And when the cases go to court, we have extensive experience in litigating temporary restraining orders, preliminary injunctions, damages and all aspects of restrictive covenant disputes.
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Wage/Hour and Compensation Laws
Federal and state wage and hour laws (laws governing minimum wages, overtime pay, training time, vacation pay, wage deductions, and similar matters) are so complex that they are often misunderstood or ignored by employers to their great peril. Failure to comply with these laws can lead to serious consequences and huge back-pay obligations, not to mention loss of management time and productivity when complaints are lodged. We provide practical advice to comply with the applicable laws, and help resolve problems quickly if they arise.
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Labor Relations
We help clients negotiate favorable contracts and administer their collective bargaining agreements in order to maintain and take control of their workforce. When necessary, we defend unfair labor practice charges, grievances, and arbitrations. We regularly represent our clients before the National Labor Relations Board, where one of our shareholders is among the top one hundred labor lawyers in claims filed and defended, according to recent surveys. In addition we regularly assist clients in the development of union avoidance strategies, including decertification proceedings, as well as other traditional labor relations matters such as strikes and labor disputes.
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Employee Benefits
We have considerable knowledge when it comes to designing, implementing, and administering a complete range of employee benefit programs. We represent employers, plan fiduciaries and service providers in tax and ERISA compliance, and transactional and litigation matters. This includes audit and other agency representation. We tailor solutions by designing a full range of programs that include traditional profit sharing and 401(k) plans and cafeteria plans.
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Executive Compensation
We are experienced in working with employers-from emerging growth companies to large established corporations-that need to develop creative compensation arrangements to recruit and retain key talent. We also regularly represent executives in negotiating their compensation packages and severance agreements. We look for ways to use such strategies as stock grants, restricted stock, stock options, phantom stock, stock appreciation rights, incentive-pay plans, deferred compensation plans, and golden parachutes to achieve clients' business goals.
Wrongful Discharge And Breach Of Employment Contract Litigation
We have handled a wide range of suits in federal and state courts arising from alleged wrongful discharge and/or breach of employment agreements. Although we recognize that litigation is often the least desirable way of resolving a dispute, it is sometimes unavoidable in order to obtain justice. We bring decades of experience and skill to the courtroom to enforce the rights of our clients.
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