Hinckley Allen’s Labor and Employment attorneys are among the most skilled and savvy in the industry. The group offers a broad range of legal services relating to labor and employment law, including:
Advice, Counseling and Training
Our attorneys provide sound and practical advice in all areas of the law arising from the employee-employer relationship. We counsel our clients concerning employee discipline and discharge, reduction-in-force, harassment, wage-hour matters, leaves of absence, workplace privacy, employment agreements, affirmative action, and personnel policies and practices. We also conduct workplace training for clients on topics such as unlawful harassment and fair employment practices, and we conduct audits of client practices.
We provide advice and training to clients who desire to remain union-free, including supervisory training focusing on effective employee relations and positive communications between management and employees. When petitions for union representation elections are filed, our attorneys help clients respond to unionization efforts by developing effective campaigns. We negotiate labor agreements for our clients whose employees are represented by unions, we advise our clients regarding contract administration and grievances, and we represent clients in arbitrations. We also investigate and respond to unfair labor practice charges brought against our clients before the NLRB.
Employment Discrimination and Wrongful Discharge Litigation
We respond to administrative charges and defend our clients before the EEOC and state discrimination agencies, including the Massachusetts Commission Against Discrimination, the Rhode Island Human Rights Commission, the Connecticut Commission on Human Rights and Opportunities, and the New Hampshire Commission for Human Rights. When clients are sued in court, we work closely with them to develop a cost-effective, results-oriented defense strategy.
Wage and Hour Advice and Litigation
We regularly advise clients concerning their pay practices, including overtime exemption and independent contractor classifications. Our attorneys also defend clients in the growing area of wage and hour litigation. Our work includes guiding clients through investigations by the U.S. Department of Labor and state enforcement agencies. We also defend clients in court with respect to both individual claims and wage-hour class actions.
OSHA Advice and Litigation
We advise clients on OSHA standards and regulations and assist them in preparing for compliance inspections. Our attorneys also defend clients at hearings when they are cited for safety violations.
Non-Compete Advice and Litigation
We advise our clients on the enforceability of non-competition, non-solicitation, and other restrictive covenant agreements. We obtain preliminary injunctions in court on behalf of employers to enforce these agreements against former employees. We also represent former employees and/or their new employers in defeating such injunctive relief.
We litigate ERISA and other employee benefits disputes. Our attorneys handle benefit, fiduciary duty, discrimination, reporting and disclosure, pension and welfare plan interpretation, executive compensation and stock options, and multi-employer plan claims.
Who We Serve
The Labor and Employment group represents clients throughout New England and the nation. Our firm’s regional footprint allows us to move from state to state seamlessly to address labor and employment matters. We provide counsel to private, non-profit, and publicly-traded companies, and to both union and non-union companies in a variety of industries.
We employ one of the most seasoned and effective teams of labor and employment lawyers in the region.
– Our attorneys successfully defended the first case in Massachusetts defining “handicap” under the state anti-discrimination statute.
– Our attorneys successfully defended a client in the first lawsuit in New England addressing the private right of action under the federal Rehabilitation Act of 1973.
– The National Association of Securities Dealers chose one of our attorneys to train its arbitrators concerning what they need to know about employment law.
– One of our attorneys served as the chief negotiator for the State of Rhode Island in collective bargaining with its multiple labor unions and achieved the first insurance premium co-pays ever for union employees working for the State.