Mastering Workplace Investigations and Employee Discipline

Our team combines in-depth knowledge and creative litigation strategies to provide practical Employee Retirement Income Security Act (ERISA) solutions for corporations and insurance providers. We defend clients against benefits denial claims at the district court and appellate levels, often in complex ERISA litigation involving discrimination and breach of fiduciary duty claims as well as severance, cutbacks, withdrawal liability and delinquent contributions.

In addition to helping clients achieve their litigation goals, we provide timely updates on litigation trends to insurers, health care providers, self-insured employers and third-party claims administrators. These insights allow our clients to proactively adjust their claims handling procedures in order to avoid litigation and/or increase their odds of prevailing should litigation ensue.

We counsel and represent clients from across the country on all aspects of unfair competition law, from trade secret misappropriation and violations of non-competition and non-solicitation agreements to deceptive advertising claims. Our clients come from every industry, from technology to pharmaceuticals or manufacturing concerns, and their claims involve employees at all levels, including sales, administrative, executive and management personnel.

Our attorneys have litigated dozens of injunction hearings to enforce and defeat non-compete agreements. We are the lawyers who helped establish the contours of a “trade secret” after the Uniform Trade Secrets Act was adopted. We have the critical mass of experience and skill necessary to handle even the largest, most complex cases. Our goal is to minimize risk while arming clients with the needed flexibility to realize business objectives.

Our team has extensive experience helping clients with government contracts comply with the laws and regulations enforced by the Office of Federal Contract Compliance Programs (OFCCP). We advise clients on whether an affirmative action program is required, assist in gathering and analyzing the necessary information, and draft or review affirmative action programs. We also have the resources and the experience to perform statistical analysis of hiring and compensation practices, and we can help an employer be proactive by auditing current policies and procedures. Where necessary, we skillfully navigate clients through OFCCP audits, from basic compliance checks to intensive on-site visits.

Our attorneys regularly help employers dealing with the intricacies of the Occupational Safety and Health Act (OSHA). We provide guidance and training on the OSHA’s personal protective equipment (PPE), recordkeeping and reporting requirements. We also work with management to develop compliance programs and abatement methods for addressing OSHA citations, along with defensive strategies for handling Section 11(c) whistleblower complaints. Where necessary, we have the resources and proven methodology to litigate OSHA enforcement actions from the initial stages, through trial, and on appeal.

Finally, we recognize that for many employers preparation is paramount to successfully resolving workplace safety issues. We work collaboratively with clients to implement disciplined protocols for handling unannounced OSHA inspections and see to it they’re fully prepared to be effective advocates for themselves and their companies.

Our experience includes:

• Assisting clients through all stages of OSHA inspections, from the initial conference through the closing conference.
• Developing and revising general industry compliance programs.
• Reviewing OSHA’s Personal Protective Equipment (PPE) requirements.
• Reviewing OSHA recordkeeping and reporting requirements.
• Training employees and management on OSHA regulations and their requirements.
• Developing proper abatement methods for addressing OSHA citations.
• Handling Section 11(c) whistleblower complaints.
• Litigating OSHA enforcement actions from initial stages, in discovery, through the trial, and upon appeal.

Our team helps our non-unionized clients stay union-free in three critical ways.

We offer comprehensive training and advice designed to ensure your company is an unattractive target for a union. Our attorneys will work with you to develop policies and procedures that fit the realities of your business, while also dampening your employees’ drive to unionize. Further, our group will work with you to implement policies and practices that make it easier to fight a union campaign. Often, by being proactive, employers can avoid a union election petition entirely.

Second, should a union file an election petition, our attorneys have a proven record of designing and implementing union-education campaigns that empower employees to vote “NO.”  From top management to supervisors, we will train your first line of defense to blunt union propaganda. It is important to work with our clients to pinpoint critical issues, prepare targeted campaign materials, and deliver a consistent message to your employees. This includes training your management personnel in the proper use of campaign materials so they are effective and act with confidence as the company’s representatives and avoid the hidden pitfalls built into the nation’s labor laws.

Lastly, many of our attorneys previously worked for the National Labor Relations Board. We are experienced with the nuances of working with the NLRB and the National Mediation Board to resolve unfair labor practice charges, make and defend against election objections, negotiate settlements, and defend our client’s interests during an administrative or judicial review.

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Our team has significant experience dealing with airline pilot and mechanic negotiations under the Railway Labor Act and considerable experience negotiating public-sector labor contracts, particularly in the fields of education and public safety.