Navigating Complex Employment Matters, Issues, and Disputes — at the Speed of Business

Designing workforce frameworks that scale and withstand scrutiny.

• Workforce Structuring & Classification: Designing employee vs. contractor frameworks aligned with federal and state law (including wage/hour and classification standards under the FLSA)
• Employment Risk Assessment: Identifying exposure under discrimination, harassment, retaliation, and wage laws (e.g., Title VII, ADA, ADEA, and state human rights acts & employee protection statutes)
• Policy & Compliance Strategy: Aligning HR policies with federal, state, and local requirements, including leave laws, accommodation obligations, and workplace protections
• Executive & HR Advisory: Guiding leadership through sensitive workforce decisions with defensible, compliant frameworks
• Multi-State Compliance Planning: Managing employee compliance variations across jurisdictions (including state-specific wage, leave, and anti-discrimination laws)
• Leave & Accommodation Strategy: Designing compliant frameworks for employee leave and workplace accommodations under the FMLA, ADA, and applicable state and local laws
• Whistleblower & Retaliation Risk Management: Structuring processes to address internal complaints and mitigate exposure under federal and state whistleblower protections
• Outside Counsel Coordination: Overseeing employment specialists for complex or high-risk matters

Deploying the day-to-day documents, processes, and responses that drive workplace culture and outcomes.

• Employment Agreements & Offer Letters: Drafting executive employment agreements, at-will offer letters, and compliant onboarding documents, including IP, confidentiality, and restrictive covenants
• Separation & Severance Agreements (Including Reductions-In-Force and Group Terminations): Structuring enforceable exits, including compliance with ADEA and OWBPA (e.g., waivers, revocation periods, severance payments, post-employment arrangements, etc.)
• Workplace Policies & Handbooks: Drafting policies aligned with anti-discrimination, wage/hour, leave, and accommodation laws
• Internal Investigations: Conducting investigations into complaints involving harassment, discrimination, retaliation, and misconduct
• Disciplinary Actions & Documentation: Creating defensible records to support employment decisions
• Interactive Process & Leave Management: Implementing accommodations, documenting the interactive process, and administering leave requests in compliance with FMLA, ADA, and state laws
• Wage & Hour Compliance Implementation: Addressing classification, overtime, and compensation practices under federal and state law
• Agency Response & Pre-Litigation Strategy: Responding to charges and inquiries (e.g., EEOC and state agencies)
• Employment Dispute Support: Supporting litigation strategy, discovery, and resolution in employment matters

Structuring enforceable workforce relationships from day one.

• Employee vs. Independent Contractor Analysis and Documentation: Applying federal and state classification standards (including evolving state-specific tests) and drafting enforceable contractor agreements
• Onboarding Documentation: Implementing compliant agreements and disclosures
• Non-Disclosure, Confidentiality, Work for Hire & IP Assignment: Protecting company assets within enforceability limits under applicable law
• Non-compete, Non-solicitation and Restrictive Covenants: Structuring non-compete, non-solicitation, and other post-employment restrictions within enforceability limits across jurisdictions

Managing sensitive issues with discipline and clarity.

• Internal Investigations: Handling complaints and personnel issues involving discrimination, harassment, retaliation, and whistleblower claims
• Documentation & Risk Mitigation: Creating defensible records aligned with litigation and agency expectations, including behavioral and performance improvement plan (PIP) management and accommodation request management
• Advising on Employee Actions and Separations: Supporting discipline and termination decisions under applicable employment laws

Navigating union activity and labor relations with disciplined strategy and execution.

• Union Strategy & Risk Assessment: Evaluating organizing activity, workforce dynamics, and exposure under the National Labor Relations Act (NLRA)
• NLRA-Compliant Communications: Drafting employee and management communications aligned with organizing and concerted activity rules
• Collective Bargaining Support: Preparing negotiation strategy, proposals, and term analysis
• Unfair Labor Practice (ULP) Response: Managing charges, investigations, and proceedings
• Management Training & Advisory: Guiding leadership on lawful engagement and decision-making in unionized environments
• Policy Alignment & Implementation: Ensuring workplace policies comply with NLRA standards and evolving guidance

Resolving issues efficiently while protecting the business.

• Severance & Release Agreements: Drafting enforceable agreements compliant with ADEA/OWBPA and state law
• Pre-Litigation Strategy: Responding to agency actions and employee claims (e.g., EEOC, state human rights agencies):
• Dispute Resolution Support: Coordinating litigation strategy and managing outcomes
• Post-Separation Risk Management: Addressing trade secret, non-compete, non-solicit, and confidentiality risks and breaches

Prosecuting and defending workforce disputes with disciplined strategy and hands-on execution.

• Breach of Employment Agreements: Prosecuting and defending claims involving offer letters, employment agreements, and separation terms
• Restrictive Covenants & Trade Secrets: Enforcing and defending non-compete, non-solicit, confidentiality, and trade secret claims, including emergency relief (temporary restraining orders, preliminary injunctions, and equitable claims)
• Discrimination, Harassment & Retaliation: Defending and prosecuting claims under Title VII, ADA, ADEA, FMLA, and other state human rights and employee leave statutes
• Whistleblower & Wrongful Termination: Handling retaliation and protected activity claims under federal and state whistleblower laws
• Wage & Hour / Misclassification: Defending and prosecuting claims involving overtime, exemption status, and independent contractor classification
• Class & Collective Actions: Managing wage/hour class actions and collective proceedings, including strategy, certification, and resolution
• Agency Proceedings & Pre-Litigation: Responding to EEOC and state agency charges, investigations, and conciliation efforts
• Professional Licensure Disciplinary Actions: Defending licensed professionals (i.e. physicians, nurses, pharmacists, attorneys, police officers, etc.) in disciplinary actions proceeding before state agencies, boards, and courts