Practice Areas & Industries: Duane Morris LLP

 




Employment, Labor, Benefits and Immigration Return to Practice Areas & Industries

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Practice/Industry Group Overview

Duane Morris' Employment, Labor, Benefits and Immigration attorneys provide clients with a wide spectrum of global services - from timely advice on regulatory issues through litigation developments. With dozens of attorneys focusing on these integrated areas, we provide comprehensive analyses of workplace issues affecting our clients domestically and internationally. Our clients benefit from the integration of employment, labor, benefits and immigration services in order to meet the complexities of today's business environment.

Duane Morris' employment lawyers offer practical counseling designed to help our clients achieve their business objectives and resolve potentially disruptive labor and employment disputes. Our lawyers aggressively promote client interests before state and federal courts and in mediation and arbitration proceedings, as well as before the Equal Employment Opportunity Commission, the Department of Labor, the federal Wage and Hour Division, and all other state and federal agencies. On the labor relations side, our lawyers have experience assisting employers in responding to union organizing efforts and regularly defend employers against unfair labor practice charges filed with the National Labor Relations Board. In cases where a union is already present, our lawyers represent clients in the collective bargaining process as well as in labor arbitration proceedings.

Duane Morris' employee benefits attorneys provide clients with the full range of benefits-related legal services, understanding that creating and maintaining effective employee benefits and compensation programs requires a delicate balancing of employee needs, company culture, cost, competitive pressures, and administrative and regulatory complexity. From qualified retirement plans to sophisticated equity compensation arrangements and from executive employment agreements to broad-based health and welfare plans, the firm's benefits lawyers combine practical experience with high-quality and efficient service that leads to practical solutions.

Duane Morris' immigration attorneys have a comprehensive knowledge of the legal, political and business context in which immigration and naturalization concerns arise. Our immigration attorneys have a reputation for responsiveness and efficiency, as well as a thorough understanding of immigration law and knowledge of bureaucratic intricacies, frequently dealing with decision makers at the Department of Homeland Security and Departments of State and Labor. One partner is a former president of the American Immigration Lawyers Association and served as an advisor on immigration matters to the Clinton administration's transition team. Our attorneys represent clients in all facets of immigration- and naturalization-related issues.

With each client, we incorporate business and cultural concerns into our advice in employment and immigration matters. With in-depth knowledge of current federal agency requirements, changing laws and fiduciary responsibilities, we provide sound strategic advice for our clients. We also work interdepartmentally with members of the firm's tax, corporate, reorganization and finance, and healthcare practice groups to assist in completing business transactions in a comprehensive manner.

Our clients range from sole proprietors and small, closely held family businesses to New York Stock Exchange-listed companies, and include multinational conglomerates, governmental entities, hospitals, universities, trade associations, churches and other nonprofit organizations.


 
Group Presentations
  Duane Morris Partner Lori Ocheltree to Speak at 11th Annual Fundamentals of Employment Law Conference, San Diego, CA, January 9, 2014
 
 
Articles Authored by Lawyers at this office:

Severance Payments Are Taxable Wages Under FICA
, April 01, 2014
The U.S. Supreme Court ruled on March 25, 2014, that severance payments made to employees terminated against their will are taxable wages under the Federal Insurance Contributions Act (FICA).

New York City Amends Paid Sick Leave Law to Encompass Employers of Five or More
, March 17, 2014
On February 26, 2014, the New York City Council passed an amendment to the Earned Sick Time Act (the "Act") requiring all employers with five or more New York City employees to provide five paid sick days effective April 1, 2014. The Act passed last year and originally was set to become...

Newark Passes Ordinance Requiring Employers to Give Employees Paid Sick Leave
, March 17, 2014
On January 29, 2014, Mayor of Newark, New Jersey, Luis A. Quintana signed an Ordinance requiring Newark employers to provide employees with paid sick leave. With this new law, Newark became the second city in New Jersey, after Jersey City, to require private sector employers to provide paid sick...

Philadelphia Amends Fair Practices Ordinance to Require Reasonable Accommodations for Pregnancy and Childbirth
, March 11, 2014
On January 20, 2014, Philadelphia Mayor Michael A. Nutter signed into law an amendment to the Philadelphia Fair Practices Ordinance, expanding local law employment protections for pregnant women. The amendment, which became effective immediately, requires Philadelphia employers to provide...

Significant New Transition Relief Set Forth in Final ACA Shared Responsibility Regulations
, February 18, 2014
On February 10, 2014, final regulations were published providing guidance to employers that are subject to the shared responsibility provisions regarding employee health coverage under the Affordable Care Act (ACA). Of the many issues addressed, the most significant is the additional one-year delay...

New Jersey Adds Pregnancy to List of Classes Protected by Its Law Against Discrimination
, February 06, 2014
On January 21, 2014, New Jersey Governor Chris Christie signed into law an amendment to the New Jersey Law Against Discrimination (LAD), expanding state law employment protections for pregnant women. The amendment, which is effective immediately, is designed to combat discrimination in New Jersey...

U.S. Supreme Court Rules on Meaning of "Changing Clothes" Under FLSA's Section 203(o) Exemption
, February 06, 2014
On January 27, 2014, in Sandifer v. U.S. Steel Corp., the U.S. Supreme Court issued a unanimous ruling interpreting the meaning of "changing clothes" under Section 203(o) of the Fair Labor Standards Act (FLSA) with respect to certain unionized workforces and holding that the...

New Jersey Employers: Gender Equity Notice Requirements Effective Now
, January 10, 2014
On January 6, 2014, the New Jersey Department of Labor and Workforce Development (NJDOL) published the long-awaited gender equity notice and accompanying regulations. Back in September 2012, the New Jersey Legislature amended the New Jersey Equal Pay Act to require notice to employees of their...

2014 State Minimum Wage Increases
, January 03, 2014
Minimum wage increases are scheduled to take effect in 14 states for 2014, including New York and California. Currently the federal minimum wage is $7.25 per hour effective July 24, 2009. For 2014, 21 states and Washington, D.C. have minimum wages above the federal minimum wage, according to the...

IRS Publishes Post-Windsor Guidance in Notice 2014-1
, January 03, 2014
A significant amount of confusion remains for employee benefit plan sponsors regarding the impact of the Supreme Court's decision in United States v. Windsor and its holding that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional because it violates the principles of equal...

New Jersey Voters Approve Minimum Wage Increase
, November 11, 2013
On November 5, 2013, New Jersey residents voted to approve an amendment to the New Jersey Constitution that will result in a $1.00 increase in the state's minimum wage rate. As of January 1, 2014, New Jersey's minimum wage rate will increase from $7.25 to $8.25 per hour. The constitutional...

New Jersey Superior Court Rules That Same-Sex Marriages Must Be Allowed
, October 08, 2013
In a landmark decision entered on September 27, 2013, Mercer County Superior Court Judge Mary Jacobson ordered the State of New Jersey to allow same-sex marriages as of October 21, 2013. Based on indications from New Jersey Governor Chris Christie's administration, the state intends to seek a stay...

California Employers: Beware Employees' Use of Personal Vehicles for Business Purposes
, October 02, 2013
A California Court of Appeal held on September 17, 2013, that an employer's requirement that its employee use her personal vehicle for work-related travel rendered the employer responsible for injuries suffered by a third party when the employee was driving home after work. Moradi v. Marsh USA,...

Department of Labor Extends FLSA Minimum Wage and Overtime Protections to Direct Care Workers
, October 02, 2013
On September 17, 2013, the U.S. Department of Labor announced a final rule extending the Fair Labor Standards Act's (FLSA) minimum wage and overtime protections to direct care workers. Direct care workers include home health aides, personal care aides and certified nursing assistants. This rule...

New York City Bill Prohibits Discrimination in Employment Based on Pregnancy
, September 30, 2013
On September 24, 2013, the New York City Council approved a bill that will amend the administrative code of the city of New York to prohibit discrimination in employment based on pregnancy, childbirth or a related medical condition. The bill, which is veto-proof, will take effect 120 days after it...

OFCCP Issues Revised Affirmative Action Regulations for Veterans and Individuals with Disabilities
, September 24, 2013
The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) recently announced two significant regulatory overhauls that will have a broad impact on the federal contractor community. OFCCP issued a Final Rule revising existing regulations under the Vietnam Era Veterans'...