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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.
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Services Available
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
Litigation
Greenberg Traurig provides comprehensive workforce strategies through consulting and litigation. This gives us a unique perspective on solutions 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.
Defense Capabilities
- Class Actions
- Discriminations and harassment
- Wage and hour
- Trade secrets and unfair competition
- ERISA
- Workplace violence
- Collective bargaining and related matters
- Unfair labor practices
- Union arbitrations
- Workplace environmental and safety
Business Immigration
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
- Computers/high-tech
- Construction
- Entertainment
- Financial services
- Health care
- Hospitality
- Insurance
- Maritime
- National trade associations
- Professional services
- Restaurant
- Retail
- Transportation
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
- Arbitration
- 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
- Mediation
- Mergers and acquisitions
- National Labor Relations Act matters (NLRA)
- National Mediation Board proceedings (NMB)
- Occupational safety and health requirements (OSHA)
- OFCCP audit defense
- OWBPA
- 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
- Telecommuting
- 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
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Group Presentations
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Past Seminar Materials
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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
ALI-ABA "Litigating Employment Discrimination and Employment-Related Claims and Defenses in Federal and State Courts", Paradise Valley, Arizona, March 5, 2009
Police Liability Seminar, Richard C. McCrea Speaker, Tampa, Florida, November 20, 2008
Key Issues Facing Boards of Directors Seminar, Jonathan Sulds Speaker, New York, New York, November 5, 2008
See more...
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Articles Authored by Lawyers at this office: Circuit Split Calls into Doubt Sixteen Months of NLRB DecisionsJustin Keith, John Scalia, May 22, 2009 Recent rulings from two United States Courts of Appeals have cast into doubt the
validity of over 16 months of National Labor Relations Board (NLRB) decisions. Since
December 2007, the five-member Board has been functioning with three vacancies. Swine Flu: Panic or Pandemic? What's an Employer to Do?Michelle Lee Flores, Jay P. Lechner, May 22, 2009 There is little doubt that if you are reading this, you have been inundated with the following: "swine flu", "H1N1", and "pandemic." Employers enjoy (or suffer) a unique relationship with these now common terms. You may be asking yourself: "So what is swine flu... The New 1-9 Must Be Used Beginning April 3, 2009 (Yes, we are sure!)Dawn M. Lurie, April 15, 2009 Under the Immigration Reform and Control Act of 1986, employers are required to verify the identity and employment authorization of each person they hire for employment in the United States within three business days of the employee's first day of work. New Whistleblower Protections under ARRAJacob B. Pankowski, Emily C. Parker, April 03, 2009 Significant provisions providing for the protection of whistleblowers are contained in the American Recovery and Reinvestment Act of 2009 (ARRA or the "Act"). Employee Free Choice Act Introduced in CongressJoseph W. Ambash, Jeffrey M. Burns, Justin Keith, Terence P. McCourt, Paul Murphy, March 30, 2009 On March 10, 2009, legislation was re-introduced in the House and Senate that would sweepingly revise the National Labor Relations Act (NLRA) to give organized labor unprecedented power over businesses. China Restates Requirement of 30 Days Prior Notice in Labor LayoffsPeter Neumann, George Qi, Cathleen Sun, Calvin Ding, March 19, 2009 For the stated purpose of standardizing employer responsibilities and layoff procedures in the current economic downturn, on February 3, 2009, China's State Council released the Circular on Promoting Employment under the Current Economic Situation ("Employment Circular"). Stimulus Legislation Makes Significant Changes to Continued Health Coverage under COBRAJeannette M. Brook, Ian A. Herbert, Magan Ray, March 16, 2009 The American Recovery and Reinvestment Act of 2009 (ARRA), which was signed into law on February 17 by President Obama, contains two provisions that facilitate, at least temporarily, the ability of workers adversely affected by the current economic crisis to obtain health coverage for themselves... Lilly Ledbetter Strikes Back: President Obama Signs New Fair Pay Act into LawTiffany S. Fordyce, Todd D. Wozniak, February 26, 2009 On January 29, 2009, President Barack Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009 (the Ledbetter Act), which amended Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disability Act (ADA), the Age Discrimination in Employment Act (ADEA), and the...
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