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PRACTICE GROUPS
  Practice Groups / Employee Practices / Advise and Counsel
 
  Labor and Employment


Advice and Counsel

A growing list of employers turns to us for advice and counsel on a multitude of day-to-day issues, including:

  • All areas of discrimination - Federal, State and Local
  • Americans With Disabilities Act
  • Compliance with Fair Labor Standards Act and state overtime laws
  • Employee relations
  • Sexual harassment policies and seminars
  • Termination and post-termination
  • Design and review of employment manuals and policies
  • Rights of employees to discretionary bonuses, contractual issues and benefits unique to investment banking and financial institutions
  • Classification of workers as employees or independent contractors, which is prevalent in the advertising, marketing, media, entertainment and technology industries
  • Various dealings with the Screen Actors Guild, American Federation of Television and Radio Artists, Writers' Guild and Directors' Guild
  • All aspects of labor relations including organized labor unions
  • Strategies for drafting and negotiating a wide range of agreements
  • E-mail policies
  • Federal litigation/civil rights defense

The departure of even a limited number of employees can have a profound effect on the continuity of a service business. Our considerable years of practice have led us to a clear understanding of the laws governing fiduciary relationships, unfair competition, contract and trade secrets. Our team regularly advises both employers and employees in matters concerning confidential information, remedies available when employees leave and make improper use of specialized knowledge gained in their previous employment, post-employment competition and the interpretation of implied contractual terms.  

We are frequently called up to seek and defend temporary restraining orders and preliminary and permanent injunctions involving:

  • Fiduciary duty and misappropriation of corporate opportunities
  • Enforceability of restrictive covenants
  • Enforceability of non-raiding and non-solicitation agreements
  • Contractual restrictions on an executive's post-termination activities, whether in employment agreements, deferred compensation plans or stock option plans