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 GT’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 GT’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 the:
- 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 U.S. Supreme Court 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 Immigration 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
||2013 Employee Benefits Workshop, October 18, 2013
Labor & Employment Seminar 13th Annual, October 2, 2013
Personal Care Products Council Webinar - Current Status of Natural & Organic Cosmetic Claims, September 29, 2013
Webinar/Teleconference: Alternative Workforces: Minimizing Liability for Joint Employment and Contractor Misclassification, August 28, 2013
Unpaid Internships: Ensuring Proper Classification and Structuring a Compliant Program, August 7, 2013
Past Seminar Materials
||AZSHRM - State Conference, August 27, 2013
JobDiva - User Conference 7th Annual, June 27, 2013
ACI: 19th Conference on Employment Practices Liability Insurance, June 24, 2013
Twenty-Seventh Annual Multi-State Labor & Employment Law Seminar, San Antonio , Texas, May 16, 2009
CEB: Employee or Independent Contractor: Pros and Cons (3 hours MCLE credit), Sacramento, California, March 7, 2009
Articles Authored by Lawyers at this office:
2013 California Employment Law Legislative Update: Things You Need to Know for 2014
Angela Diesch,Jennifer Holly,James M. Nelson, November 21, 2013
At Greenberg Traurig, we live our model “built for change” and apply it for the benefit of the businesses we serve. Our California Labor and Employment Practice appreciates that although California presents opportunity, it also presents a different set of employment risk propositions....
New Jersey Law Pulls Back The Curtain On Salary Secrecy in the Workplace
Wendy Johnson Lario, September 09, 2013
Employers in New Jersey are now prohibited from taking any job action against employees who request information about job titles, wages or benefits from other employees or former employees in connection with an actual or potential claim of discrimination.
New Jersey's New Social Media Law Blocks Employers' Prying Eyes
Wendy Johnson Lario, September 09, 2013
An increasing number of Americans are using social media sites, such as Facebook and Twitter, both on and off the job. Some companies, in an effort to protect proprietary information or trade secrets and prevent exposure to legal liabilities, are requiring employees to turn over their usernames or...
Discovery Verifications May Lead to Corporate Punitive Damages
Mark D. Kemple,Adrienne J. Lawrence,Adam Siegler, August 24, 2013
Litigators defending corporations against punitive damages claims based on employee misconduct should be cautious when permitting employees to execute discovery verifications as an “officer,” “director” or “managing agent,” because they may be held to have...
Illinois Legislature Passes Major Changes to Illinois Employment Laws
Adam Braun,Tiffany S. Fordyce,Michael D. Karpeles, August 08, 2013
When the Illinois General Assembly adjourned the 2013 Spring Session on May 31st, it set the stage for substantial changes to Illinois employment law. The General Assembly sent six employment law related bills to Governor Pat Quinn while leaving one major piece of unfinished business on its agenda....
Employment Non-Discrimination Act Clears Senate Committee
Natalia S. Ballinger,Jeannette M. Brook, July 22, 2013
On the heels of the Supreme Court’s invalidation of the Defense of Marriage Act, the Senate Committee on Health, Education, Labor and Pensions approved the Employment Non-Discrimination Act (the ENDA) by a 15—7 vote on July 10th, 2013. Under the terms of the bill, employers would be...
Employer Mandate Delay
James Nelson,Nancy E. Taylor,Danielle F. White, July 05, 2013
On Tuesday, July 2nd, 2013, the Obama Administration announced a one-year delay in applications of penalties associated with the employer shared responsibility requirements established under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and the Health Care and Education...
In a Pro-Employee World, U.S. Supreme Court Rulings Offer Employers Hope
Robert H. Bernstein,Colleen Karroll Giusto,Michael J. Slocum, July 04, 2013
In a pair of important opinions released last week, both of which are helpful to employers, the U.S. Supreme Court raised the bar for employees asserting claims under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e. In University of Texas Southwestern Medical Center v. Nassar, 570 U.S....
EEOC Offers Guidance on ADA Workplace Accommodations
Julia Riedel Emfinger,Tiffany S. Fordyce,Michael D. Karpeles, June 12, 2013
On May 15, 2013, the Equal Employment Opportunity Commission (EEOC) issued revised guidance for employers with respect to employees with epilepsy, cancer, diabetes, and intellectual disabilities. The guidance is contained in the EEOC publication “Disability Discrimination: The Questions and...
What Does the Massachusetts Medical Marijuana Act Mean for Employers?
Terence P. McCourt, May 17, 2013
Massachusetts recently became one of a number of states to legalize the use of marijuana for medical purposes. Regulations issued by the Massachusetts Department of Public Health are effective on May 24, 2013, enabling individuals to register to use medical marijuana. Massachusetts employers should...
Proposed Restrictive Covenant Law Threatens to Handcuff Employers
Kristine J. Feher, April 30, 2013
Most businesses possess confidential information or trade secrets that need to be safe-guarded, or intellectual property, equipment, or processes that set them apart from their competition. Many companies choose to protect this information using “restrictive covenants” - agreements in...