As the preeminent law firm to clients in diverse service industries, Davis & Gilbert attorneys have developed an unmatched expertise in devising and managing the labor and employment practices unique to these service businesses. We provide effective guidelines to help clients operate within the complex web of federal and state employment laws when making business decisions that affect employees on all levels of the organization. We also provide ongoing guidance to help clients steer clear of potential employee-related liability issues. As a testament to the firm’s strength in handling the full range of labor and employment-related issues, the practice was recognized by “Best Law Firms” by U.S. News – Best Lawyers in the category “New York – Employment Law” (Tier 1) in 2013.
THE DAVIS & GILBERT ADVANTAGE
Creative environments are breeding grounds for special employment challenges that involve all kinds of issues including how to best protect a business’s most important assets – its people. Our innovative solutions to both routine and sophisticated employment concerns increasingly has made Davis & Gilbert the “go-to” firm for businesses of all kinds seeking to protect their best interests while providing a desirable environment for employees. Our attorneys have extensive experience in executive contracts, restrictive covenants, unfair competition and trade secrets. We also have extensive experience in labor relations issues and collective bargaining agreements because of our frequent dealings with SAG, AFTRA, AF of M, Writers Guild and Directors’ Guild in various matters.
OUR CLIENTS
Davis & Gilbert represents more clients than any other law firm in the advertising, marketing, communications, media, entertainment, technology, and other talent-based industries. The employment advice that we provide to the marketing communications sector applies equally to all service industries and, consequently, our employment practice has increasingly expanded to advising clients in the financing, hedge fund, fashion, publishing and hospitality industries. We serve clients in every state, from startup firms to global holding companies with tens of thousands of employees worldwide. Our Labor & Employment department represents employers across all industries as we resolve critical issues expeditiously and implement best practices policies to avoid future problems.
OUR PRACTICE
We encourage our clients to shelter themselves from liability exposure by practicing “preventive management,” which involves implementing employer/employee education, procedures and documentation, particularly during reduction of forces and complex terminations. Our attorneys work with clients to establish and maintain daily compliance with regulatory requirements in all areas of discrimination, sexual harassment and wage and hour issues. We understand the business needs of our clients and craft solutions that work from legal, operational and practical standpoints, particularly in handling daily labor and employment issues.
DISPUTE RESOLUTION
It is inevitable that some disputes arise despite all best efforts. Davis & Gilbert has earned a winning record in cases involving state and federal laws like the ADEA, the ADA, Title VII, FMLA, WARN Act, and FLSA. We have repeatedly demonstrated an ability to break impasses and minimize client damages. We also have been able to resolve an increasing number of client disputes outside of court with alternative dispute resolution through arbitration and mediation.
REPRESENTATIVE ISSUES ADDRESSED ON BEHALF OF OUR CLIENTS INCLUDE:
Advice & Counsel- Employee and labor relations
- Compliance with race, age, disability, family and medical leave and other anti- discrimination and labor laws
- Compliance with wage and hour laws
- Sexual harassment policies and seminars
- Whistleblower and retaliation claims
- Termination and post-termination
- Reduction in forces, mass layoffs and plant closings
- Design and review of employment manuals and policies
- Contractual issues and benefits unique to investment banking, hedge funds and other financial institutions
- Classification of workers as employees or independent contractors -- especially in the advertising, marketing, media, entertainment and technology industries
- Screen Actors Guild, American Federation of Television and Radio Artists, American Federation of Musicians, Writers Guild and Directors Guild
- Collective bargaining
- Compliance with the National Labor Relations Act
- Federal litigation/civil rights defense
- Fiduciary relationships, unfair competition, restrictive covenant and trade secrets
- Confidential information, remedies available when employees leave and make improper use of specialized knowledge gained in their previous employment, post-employment competition
- 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 executive's post-termination activities, whether in employment agreements, deferred compensation plans or stock option plans
- Information system policies, including e-mail and blogs
- Plan and design of executive compensation packages and employment agreements
- Incentive compensation, stock-based plans and phantom stock arrangements
- Executive negotiations for favorable compensation, benefits and perquisites
- Non-competition and related restrictions
- Attracting, retaining and providing incentives to key employees
- Title VII of the Civil Rights Act of 1964
- Age Discrimination Employment Act
- Sarbanes-Oxley Act
- Fair Labor Standards Act and wage and hour litigation
- Equal Pay Act
- Americans With Disabilities Act
- Family and Medical Leave Act
- National Labor Relations Act
- State statutes governing the employment relationship and discrimination
- Non-statutory claims, including wrongful termination, breach of contract, interference with contractual relations and libel and slander
For more information on the Davis & Gilbert’s Labor & Employment Practice, please contact:
Gregg A. Gilman
212.468.4840
ggilman@dglaw.com
Howard J. Rubin
212.468.4822
hrubin@dglaw.com
OUR CLIENTS
Davis & Gilbert represents more clients than any other law firm in the advertising, marketing, communications, media, entertainment, technology, and other talent-based industries. The employment advice that we provide to the marketing communications sector applies equally to all service industries and, consequently, our employment practice has increasingly expanded to advising clients in the financing, hedge fund, fashion, publishing and hospitality industries. We serve clients in every state, from startup firms to global holding companies with tens of thousands of employees worldwide. Our Labor & Employment department represents employers across all industries as we resolve critical issues expeditiously and implement best practices policies to avoid future problems.
OUR PRACTICE
We encourage our clients to shelter themselves from liability exposure by practicing “preventive management,” which involves implementing employer/employee education, procedures and documentation, particularly during reduction of forces and complex terminations. Our attorneys work with clients to establish and maintain daily compliance with regulatory requirements in all areas of discrimination, sexual harassment and wage and hour issues. We understand the business needs of our clients and craft solutions that work from legal, operational and practical standpoints, particularly in handling daily labor and employment issues.
DISPUTE RESOLUTION
It is inevitable that some disputes arise despite all best efforts. Davis & Gilbert has earned a winning record in cases involving state and federal laws like the ADEA, the ADA, Title VII, FMLA, WARN Act, and FLSA. We have repeatedly demonstrated an ability to break impasses and minimize client damages. We also have been able to resolve an increasing number of client disputes outside of court with alternative dispute resolution through arbitration and mediation.
REPRESENTATIVE ISSUES ADDRESSED ON BEHALF OF OUR CLIENTS INCLUDE:
Advice & Counsel
- Employee and labor relations
- Compliance with race, age, disability, family and medical leave and other anti- discrimination and labor laws
- Compliance with wage and hour laws
- Sexual harassment policies and seminars
- Whistleblower and retaliation claims
- Termination and post-termination
- Reduction in forces, mass layoffs and plant closings
- Design and review of employment manuals and policies
- Contractual issues and benefits unique to investment banking, hedge funds and other financial institutions
- Classification of workers as employees or independent contractors -- especially in the advertising, marketing, media, entertainment and technology industries
- Screen Actors Guild, American Federation of Television and Radio Artists, American Federation of Musicians, Writers Guild and Directors Guild
- Collective bargaining
- Compliance with the National Labor Relations Act
- Federal litigation/civil rights defense
- Fiduciary relationships, unfair competition, restrictive covenant and trade secrets
- Confidential information, remedies available when employees leave and make improper use of specialized knowledge gained in their previous employment, post-employment competition
- 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 executive's post-termination activities, whether in employment agreements, deferred compensation plans or stock option plans
- Information system policies, including e-mail and blogs
- Plan and design of executive compensation packages and employment agreements
- Incentive compensation, stock-based plans and phantom stock arrangements
- Executive negotiations for favorable compensation, benefits and perquisites
- Non-competition and related restrictions
- Attracting, retaining and providing incentives to key employees
- Title VII of the Civil Rights Act of 1964
- Age Discrimination Employment Act
- Sarbanes-Oxley Act
- Fair Labor Standards Act and wage and hour litigation
- Equal Pay Act
- Americans With Disabilities Act
- Family and Medical Leave Act
- National Labor Relations Act
- State statutes governing the employment relationship and discrimination
- Non-statutory claims, including wrongful termination, breach of contract, interference with contractual relations and libel and slander
For more information on the Davis & Gilbert’s Labor & Employment Practice, please contact:
Gregg A. Gilman
212.468.4840
ggilman@dglaw.com
Howard J. Rubin
212.468.4822
hrubin@dglaw.com
