Employment and Labor

Many federal, state and local laws impact the modern workplace. These laws are multiplying and evolving at an incredible pace. Day Pitney's Labor and Employment practice group has experienced attorneys who guide employers through this legal maze. Our goal is to limit our clients' legal risk and to achieve practical and cost-efficient solutions for all workplace issues. We are not just "outside counsel." We team with our clients to understand the nuances of their unique workplace and to craft advice for the best possible outcome. In short, we view ourselves as our clients' business partners.

Day Pitney offers creative pricing options, advanced technology and an experienced staff of attorneys across multiple states. We are proud to enjoy long-term relationships with a great many clients.

Some examples of the work that we do:

• Representing companies of any size in all aspects of employment litigation, whether single-plaintiff or class/collective actions, in federal and state courts in cases involving diverse claims, including but not limited to wage and hour laws, all forms of harassment, discrimination, retaliation, whistleblowing, and benefit claims under the Employment Retirement Income Security Act

• Representing employers in charges, investigations and audits in federal and state agencies, including the Equal Employment Opportunity Commission and corresponding state agencies, federal and state departments of labor, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA)

• Conducting customized training on all employment-related topics, including harassment and discrimination, wage and hour compliance, union avoidance, prevailing wage, project labor agreements, and other compliance topics, including providing forward-thinking advice on all aspects of COVID-19 and the various federal, state and local laws that have emerged due to this pandemic

• Providing our clients with compliance strategies for federal and state wage and hour laws, including but not limited to employee classification and the use of independent contractors

• Conducting investigations of employee complaints of harassment and discrimination, whistleblowing, and other employment-related issues

• Providing guidance on employers' obligation to provide accommodations for disabilities, pregnancy or religion

• Developing strategies and compliance initiatives for sexual, racial and other forms of harassment

• Drafting compliant drug-free workplace policies, including the evolution of legal marijuana use

• Protecting employers from unfair competition and misappropriation of trade secrets and confidential information by drafting noncompete, nonsolicitation, nondisclosure, assignment of inventions and other employment-related agreements and by counseling and litigating claims relating to enforcement of such agreements

• Devising processes for onboarding of employees, including background checks, drug testing, wage notices and other required documentation

• Drafting and customizing employee handbook policies to comply with the different laws of each state or the use of staffing agencies

• Effectuating business transactions such as mergers and acquisitions, transactional due diligence, reductions in force, and facility relocations and closings as they relate to employees and labor union issues

• Advising on union avoidance, including during union election and decertification campaigns

• Defending against unfair labor practice charges in front of  the NLRB

• Providing day-to-day legal advice on working with a unionized workforce

• Serving as lead negotiator and/or legal advisor during collective bargaining negotiations

• Handling discipline and contract interpretation labor arbitrations

• Counseling on OSHA compliance, and defending against unsafe workplace claims

• Providing guidance and policies relating to social media issues, including what constitutes employees' appropriate use and safeguarding businesses' confidential and proprietary information

The above non-exhaustive list is a sampling of the types of matters we handle on an ongoing basis. We encourage clients and those interested in becoming clients to call us with any questions about any employment or labor matter.