Practice/Industry Group Overview
As the U.S. labor market continues to evolve over the coming decades, adapting to three major trends will be vital for employers. First, changing workforce demographics, size and focus will become a key issue in the provision of professional services – particularly as the baby boom generation continues to age. Second, increasing globalization means that national borders will become a greater challenge for companies to manage, in terms of both their immigration and international commerce requirements. Lastly, the rapid pace of technological change will continue to have a tremendous impact on both the workforce and the workplace.
Greenberg Traurig’s Labor & Employment Practice provides an array of workplace strategies and legal counsel, including practical and efficient consulting, technical assistance and litigation services. Our team understands the business impact of labor and employment issues. We have the varied experience needed to help organizations analyze options, make informed decisions and take effective action.
In addition, we offer clients the benefits of Greenberg Traurig's culture of collaboration, in which our attorneys frequently join forces, between offices and cities, in order to deliver the services you need. In this way, you can take advantage of Greenberg Traurig's national and international capabilities without having to travel beyond your local office.
Labor Relations, Collective Bargaining and Union Activities
Our attorneys offer a wide range of services, from initial counseling to National Labor Relations Board (NLRB) and National Mediation Board proceedings. We help employers maintain positive relations with their employees while avoiding the expense and disruption of litigation.
Federal and State Agency Practice
Our attorneys have experience representing management before the:
- National Labor Relations Board
- National Mediation Board
- Equal Employment Opportunity Commission
- U.S. Department of Labor
- U.S. Department of Justice
- Office of Federal Contract Compliance Programs
- Division of Occupational Safety and Health
- State fair employment practices agencies
- Various other state and federal agencies enforcing employment laws
Employer Counseling, Training and Policy Development
We provide daily representation and advice to employers regarding compliance with federal, state and local employment laws, including:
- Fair Labor Standards Act
- State wage and hour laws
- Federal Family and Medical Leave Act (FMLA) and state equivalents, Title VII, and state and local employment practices acts
- Age Discrimination in Employment Act (ADEA) and the Workers Adjustment and Retraining Notification Act (WARN)
- Federal and state workplace safety and environmental laws
We are also able to provide consultation regarding:
- Other compliance issues, including those related to hiring and termination procedures and employee manuals
- Drafting of policies, employment agreements, non-competition agreements and severance agreements
- Training for employers and their managers on various issues, including sexual and other forms of harassment, workplace violence, diversity and unionization
- Workplace environmental and safety laws
- Discrimination and protected status laws
- Employment and architectural barrier provisions of the ADA
Greenberg Traurig provides effective workforce strategies through consulting and litigation. This gives us a unique perspective on strategies for public and private employers faced with litigation issues, including employment discrimination, sexual harassment, breach of contract and non-compete agreements, wrongful termination, lawsuits under Title III of the Americans with Disabilities Act and class action lawsuits.
We routinely appear before state, federal and local agencies, such as the Equal Employment Opportunity Commission, National Labor Relations Board, Department of Labor, Wage and Hour Division, and the Occupational Safety and Health Administration.
We also provide a complete range of services for labor relations, from initial counseling to NLRB hearings to appellate court practice, striving to assist employers in maintaining positive relations with their employees and avoiding the disruption of litigation.
Greenberg Traurig has broad ERISA experience. One of our attorneys was a principal designer and one of the drafters of the Employee Retirement Income Security Act (ERISA) and his publications have been cited on numerous occasions by the Supreme Court of the United States and other federal and state courts.
- Class Actions
- Discriminations and harassment
- Wage and hour
- Trade secrets and unfair competition
- Workplace violence
- Collective bargaining and related matters
- Unfair labor practices
- Union arbitrations
- Workplace environmental and safety
We can provide direction for corporate strategies regarding inbound and outbound immigration, including:
- Temporary and permanent visas
- Training and counseling on employer sanctions, compliance and I-9 requirements
- Deemed export rule compliance
- Also see Greenberg Traurig's Business Immigration & Compliance Practice
Representative Industry Experience
Our employment law attorneys have experience advising clients in a wide range of industries, including:
- Building services
- Financial services
- Health care
- National trade associations
- Professional services
Labor and Employment Services
Greenberg Traurig’s experienced labor and employment lawyers can deliver consulting, technical assistance and litigation services in the following areas:
- Age discrimination (ADEA)
- Americans with Disabilities Act (ADA)
- AIDS-related issues
- Alternative Dispute Resolution
- Affirmative Action compliance
- Collective bargaining
- Constitutional torts
- Covenants not to compete
- Domestic and workplace violence
- Downsizing and rightsizing
- Drug and alcohol abuse
- Emergency planning
- Employee benefits litigation (ERISA)
- Employee discipline, evaluation, and discharge
- Employee handbook preparation
- Employment agreements
- Executive compensation and incentive arrangements
- Family and Medical Leave Act (FMLA)
- Federal, state and local administrative charges
- Foreign employment
- Gender discrimination
- Government contracting
- Governmental entities (§1983 litigation)
- Glass ceiling audits
- Grievance arbitration
- H-1b compliance investigations
- Hiring and interviewing procedures
- I-9 verification and INS investigations
- Immigration-related discrimination
- Intentional infliction of emotional distress
- Internet policies
- OCAHO employer sanctions and discrimination hearings
- Labor relations counseling
- Labor relations litigation
- Leased/contingent work force matters
- Management education and seminars
- Mergers and acquisitions
- National Labor Relations Act matters (NLRA)
- National Mediation Board proceedings (NMB)
- Occupational safety and health requirements (OSHA)
- OFCCP audit defense
- Personnel policies and procedures
- Privacy of employees
- Public sector labor relations
- Race discrimination
- Railway Labor Act matters
- Reductions-in-force, plant relocation and closing and mass layoff counseling and litigation (WARN)
- Severance procedures
- Settlement agreements
- Sexual harassment
- Strikes and lockouts
- Supervisor training
- Technology and employee rights
- Title VII
- Trade secrets and competitive information
- Training in the workplace
- Unfair labor practice charges
- Union avoidance
- Visa processing
- Wage and hour documentation, audits, compliance
- Workplace violence
- Workplace investigations
- Wrongful discharge
Articles Authored by Lawyers at this office:
2015 California Employment Law Legislative Update
James M. Nelson, November 27, 2015
Although not the product of new legislation, on Jan, 1, 2016, the statewide minimum wage increases to $10 per hour. Because the salary threshold for exempt status must be at least twice the full-time equivalent of the minimum wage, exempt employees will need to make at least $3,466.67 per month or...
Dutch Merger Code (SER) Amended
Rob Van Eldik, November 27, 2015
Under the SER Merger Code (SER Fusiegedragregels), a merger or acquisition in the Netherlands that involves an entity with 50 employees or more requires the parties to give notice of the merger to relevant trade unions. This notification should take place before any binding merger documents, like a...
Modern Slavery Reporting Obligations - Effective from 29 October 2015
Naomi Feinstein,Lisa Navarro, November 27, 2015
As reported in an earlier Alert, the UK’s Modern Slavery Act has imposed far reaching reporting requirements on companies to produce an annual statement explaining the steps they have taken to eliminate modern slavery in their businesses, and also within their supply chains. The concept of...
U.S. Supreme Court Decision May Sharply Curtail the Wave of FCRA Employment Litigation
Sara G. Sanfilippo,Peter W. Zinober, November 05, 2015
The Fair Credit Reporting Act (FCRA) requires employers to take important compliance steps before obtaining and using consumer reports to make employment-related decisions such as hiring, promotion, and termination. Consumer reports include, but are not limited to, criminal records, motor vehicle...
New York AG and U.S. DOL to Cooperate in Enforcing Federal and State Laws
Lynelle K. Bosworth,Eileen M. Hayes,Harold N. Iselin, October 22, 2015
The New York State Attorney General’s Health Care Bureau (AG) and the U.S. Department of Labor Employee Benefits Security Administration (DOL) recently announced they have entered into an agreement to share information and work cooperatively to address violations of the Federal Employee...
Modern Slavery Reporting Obligations - A Far Reaching Initiative
Naomi Feinstein,Lisa Navarro, October 20, 2015
In October 2015, reporting requirements under the UK’s Modern Slavery Act will come into force. These obligations apply to all companies that carry on some business in the UK and that have a worldwide turnover in excess of £36m. There is no minimum threshold for the volume of turnover or...
Order Grants Federal Contractors 7 Sick Days a Year
Johnine P. Barnes,Jonathan M. Young, September 21, 2015
On Monday, Sept. 7, 2015, President Barack Obama issued an Executive Order (the “Order”) that requires federal contractors to grant at least seven days of annual paid sick leave to their employees. The Order gives an estimated 300,000 federal contractors new access to paid sick leave.
NLRB Expands Joint Employer Standard in Browning-Ferris Decision
Jamie R. Adams,Charles S. Birenbaum, September 01, 2015
Recently, the National Labor Relations Board made sweeping changes to its “joint employer” standard, announcing a new test that will surely lead to more findings of joint employment relationships under the National Labor Relations Act. Under the new standard announced in Browning-Ferris...
IRS Chief Counsel: CA Waiting Time Penalties Are Not Wages
Koray J. Bulut,Bradley R. Marsh, August 18, 2015
For years now, Section 203 of the California Labor Code has required employers to pay a penalty for willful failure to provide a departing employee with their final wages on their last day of employment (or within 72 hours for employee who suddenly quit). The amount of this penalty, often referred...
DOL Proposes Dramatic Expansion to FLSA Overtime Protections
C. Whitfield Caughman,Peter N. Hall,David Long-Daniels, July 03, 2015
Yesterday, for the first time in a decade, the Department of Labor (DOL) proposed a rule to broaden federal overtime pay regulations under the Fair Labor Standards Act (FLSA). The proposed changes will affect an estimated 5 million Americans and their employers, making it more difficult to meet the...
Supreme Court Rules Same-Sex Marriage is a Fundamental Right
Hilarie Bass,Rebecca H. Silk, June 29, 2015
Today, in a 5-4 decision authored by Justice Kennedy, the Supreme Court struck down the laws of those states that preclude same-sex marriage and also held that each state must recognize same-sex marriages lawfully performed in other states. The Court held state laws invalidating same-sex marriage...
The NLRB’s New ‘Quickie’ Election Rules Take Effect Despite Pending Court Challenges
Justin F. Keith,Terence P. McCourt,Howard L. Mocerf, April 17, 2015
On April 14, 2015 the National Labor Relations Board’s (NLRB) new union election rules (Election Rules) went into effect. As discussed in a prior GT Alert, the NLRB adopted the new rules by a 3-2 vote with the two Republican NLRB members dissenting. As outlined below, the Election Rules make...
Relationship-Building in the Office
Michael Nguyen, March 13, 2015
One of the best assets in your career will be the relationships with your colleagues. When you start out as a 2L in the summer, you will get to know and bond with your fellow summer associates. You may ask a fellow 2L to look over a summer assignment before it needs to be turned in. He/she may ask...
Federal Judge Vacates DOL¿s New Companionship Exemption Regulations
Brett T. Lane, March 12, 2015
We previously wrote a Client Alert about the Department of Labor’s (DOL) new regulations that were poised to eliminate the exemption from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime provisions for certain home-health care workers. As expected, the new regulations...
British Government Tells Recruitment Agencies to Look Local
Robert E. Collier-Wright, February 25, 2015
The British Government has recently published its response to a consultation on whether recruitment agencies should be banned from advertising vacancies in other European Economic Area (EEA) countries without also advertising them in Great Britain and in English.
Philadelphia Requires Employers with 10+ Employees to Provide Paid Sick Time
Kelly Dobbs Bunting,Christiana L. Signs, February 20, 2015
On Feb. 12, 2015, Philadelphia Mayor Michael Nutter signed into law a new chapter in the Philadelphia Code, “Promoting Healthy Families and Workplaces,” that requires employers with 10 or more employees to provide paid sick time to certain workers. The ordinance takes effect 90 days...
New Illinois Employment Laws for 2015
Howard L. Mocerf, February 17, 2015
Three new employment laws will take effect for Illinois employers beginning Jan. 1, 2015. The first, the Illinois “ban-the-box” law, was discussed in an earlier GT Alert. The second new law, the Pregnant Workers Fairness Act (PWFA), consists of amendments to the Illinois Human Rights...
Interns - Pay Now, or Pay Later
Sumaya Ellard,Natasha L. Wilson, February 16, 2015
Unpaid summer internships have seemingly always provided mutual benefit to both employers and interns. Interns have the opportunity to gain experience, build relationships, and learn about a particular career or industry in a “real world” setting, and employers gain support, albeit...