Practice Areas & Industries: Duane Morris LLP

Practice/Industry Group Overview

Duane Morris' employment lawyers regularly counsel and advise employers on compliance with federal, state and local employment laws with the goal of increasing workplace efficiency and preventing potentially disruptive litigation. We also represent management interests in responding to union organizing campaigns, negotiating collective bargaining agreements, handling administrative agency investigations and defending employment-related litigation.

We offer practical counseling designed to prevent potentially disruptive labor and employment disputes. We handle a wide variety of employment related litigation and are experienced in management labor relations matters.

Employment services are individually developed to reflect each client's business goals and objectives. We assist clients in preparing employee manuals, crafting personnel policies to address the client's business needs, implementing customized supervisory and non-supervisory training programs, and designing compliance strategies.

As a result of our extensive experience in the labor and employment field, we strive to place our clients' issues directly before the appropriate decision makers. In representing clients in employment and labor matters, issues may arise which require the skills of lawyers practicing in a variety of disciplines. Because of the broad scope of services offered at Duane Morris, our employment attorneys, when necessary, consult with lawyers on matters involving employee benefits, bankruptcy, business law, real estate, complex trial work and healthcare.

Services Available

Employment Services

Employee Relations Counseling

Duane Morris' attorneys advise clients on compliance with employment-related statutes and regulations on the federal, state and local level. We take a preventative approach in counseling clients, reflecting our client's goal to minimize conflicts in the workplace that might lead to costly litigation. Our advice is practical and defensible, not merely theoretical. Our attorneys regularly assist clients in the following areas:

• preparation of employee handbooks and personnel policies
• drafting of employment offer letters and agreements
• development of drug and alcohol testing policies
• compliance with wage and hour regulations
• implementation of discipline and discharge protocols
• investigating employee misconduct
• compliance with special statutory protections for the disabled
• protection of employee privacy interests at the workplace
• development of affirmative action plans
• compliance with plant closing and mass layoff regulations
• drafting of severance policies and separation agreements
• preparation of confidentiality agreements and trade secret programs
• compliance with health and safety regulations
• implementation of military reservist and veterans' protection statutes

Employment Litigation

When disputes cannot be avoided, our experienced labor and employment litigators represent clients at trial in state and federal courts and in appellate proceedings, including before the U.S. Supreme Court. We also handle arbitrations and administrative hearings before state and federal anti-discrimination agencies or labor relations boards, as well as before unemployment compensation tribunals. Our attorneys staff cases in an efficient manner and approach cases aggressively, frequently leading to positive results and favorable settlements early in the litigation process. The types of actions we litigate include:

• employment discrimination
• enforcement of restrictive covenants
• defamation
• employment contracts
• wrongful discharge
• harassment at the workplace
• unemployment compensation
• disability discrimination
• "Whistleblower" protections
• enforcement of trade secrets
• employee benefits
• FLSA wage and hour compliance

Management Labor Relations

Duane Morris' attorneys represent management interests with the aim of minimizing potential labor problems. Our attorneys have extensive experience in all facets of management labor relations, including:

• maintaining a union-free workplace
• representing management in union elections
• negotiating collective bargaining agreements
• handling grievance and arbitration proceedings
• obtaining mass picketing injunctions
• advising management in work stoppage situations
• handling unfair labor practice charges at the NLRB

Employment Training and Workshops

Our attorneys develop and conduct training programs for both supervisory and nonsupervisory employees. The training programs and workshops are designed to meet a client's specific needs in a wide variety of workplace issues, such as:

• sexual or discriminatory harassment
• prevention of workplace violence
• compliance with employment discrimination laws
• proper hiring practices
• minimizing liability in discipline and discharge decisions
• compliance with health and safety obligations
• federal and state wage and hour compliance

Employment Investigations

Duane Morris' attorneys conduct and counsel employers on workplace investigations, including allegations of employee misconduct. We are frequently called upon to assist with investigations into:

• sexual, racial, disability, ethnic and religious harassment
• possession, use and/or sale of controlled substances
• compliance with corporate ethics policies
• workplace violence
• employment discrimination allegations
• employee theft

Corporate Transactions

Our lawyers are sensitive to the employment and labor issues that may impact transactional matters. When appropriate, we interface with our corporate, real estate, bankruptcy, tax and finance attorneys to provide a complete range of services with respect to client needs. The following are representative types of issues on which we assist in business transactions:

• successor liability under collective bargaining agreements
• compliance with WARN and related plant closing/mass layoff laws
• assumption of employment agreements
• separation/retention of employees
• transfer of personnel files
• enforcement of restrictive covenants

Special Employment Services

Duane Morris' attorneys also provide specialized employment-related services to address the business needs of our clients. These services include:

• employment practice audits
• newsletters and alerts
• seminars and workshops on significant developments
• customized training programs

For more information, please contact Thomas G. Servodidio or any of the practice members referenced in the Attorney Listing.