Practice Areas & Industries: Leech Tishman

 





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Practice/Industry Group Overview

Leech Tishman’s Employment Practice Group works tirelessly to advocate for our clients and achieve the most desirable outcome through negotiation, mediation and if necessary, aggressive litigation. We have built our practice by developing creative options for employers of all sizes, utilizing statutory rights and common law to assist with all aspects of the employment relationship from hiring through termination. Our team’s understanding of the nature of the employer/employee relationship, combined with our understanding of each client’s business, allows our lawyers to achieve a satisfactory result expeditiously and as cost-effectively as possible.

Many of our employment lawyers have devoted the better part of their legal career to various aspects of labor and employment law and offer preventative training to clients in order to anticipate and plan for potential legal pitfalls. Our lawyers have experience handling employment litigation in an array of industries including architecture, automotive, chemical, construction, consumer products, cultural institutions, energy, engineering, banking/finance, healthcare, manufacturing, non-profit, real estate, recreation, seasonal businesses, technology and trade associations. We regularly represent our clients before the National Labor Relations Board, Equal Employment Opportunity Commission, state human relations commissions, municipal commissions on human relations, and in state and federal court proceedings. Our team has a solid command of the tax consequences involved with various types of employment litigation and are well positioned to offer employment counsel to employers involved in business ventures locally, nationally and abroad.

Our Employment Practice Group has experience in the following areas:

Workplace Practices

Confidentiality Agreements/Restrictive Covenants
Breach of Confidentiality Claims
Disciplinary Action
Drug and Alcohol Testing
Employee Handbook Preparation
Fraud/Theft/Dishonesty
Grievances
Identity Theft
Leave/Absenteeism
Non-Performance Claims
Non-Compete Clauses
Non-Solicitation Clauses
Performance Appraisals
Waivers/Releases
Privacy Issues

Employment Hiring and Contracts

Executive Contracts/Compensation
Employment Agreements
Use of Temporary/Leased Contract Employees and Independent Contractors
Employment-at-Will
Severance Agreements
General Counseling on Hiring/Termination
Statutory Compliance

Payment Practices

Fair Labor Standards Act
Wage and Hour Compensation/Overtime Issues
Employee Exemptions
Federal/ State Wage Payment and Collection Laws
Unemployment Compensation
Prosecution and Defense of Claims before Federal and Administrative Agencies and Courts

Pension Administration

Drafting and Amending of Employee Retirement Income Security Act (ERISA) Health and Welfare Benefit Plans

  • Summary Plan Descriptions for Wraparound Plans
  • Litigation Involving Breach of Fiduciary Duties

Delinquent Filer Voluntary Compliance Program
Determination Letters
Private Letter Rulings
Exemptions from Prohibited Transaction Rules
Employee Plans Compliance Resolution System

  • Advising on Voluntary Corrections

Due Diligence on Pension Programs Prior to Merger/Acquisition
Standard, Distressed and Pension Benefit Guaranty Corporation (PBGC) Initiated Plan Termination

  • PBGC Reporting and Disclosure Requirements

Benefit Administration

Plan Design and Documentation, Compliance and Implementation of Benefit Programs and Agreements for:

  • Qualified-Defined Benefit Plan
  • Savings Plans
  • Profit-Sharing Plans
  • Money Purchase Plans
  • Welfare Benefit Plans
    • Medical
    • Life Insurance
    • Disability
    • Educational Assistance
    • Severance
  • Fringe Benefit Programs

Family and Medical Leave Act Compliance
Due Diligence on Employee Benefit Programs Prior to Merger or Acquisition

Employment Discrimination Litigation and Lawsuit Avoidance

Americans with Disabilities Act (ADA)/Accessibility Claims
Age Discrimination in Employment Act
Affirmative Action Plans
Fair Housing Act
Family and Medical Leave Act
Office of Federal Contract Compliance Programs (OFCCP)
Equal Employment Opportunity Claims/EEO-1 Statements
Equal Pay Act
Sexual Harassment
Title VII of the Civil Rights Act of 1964
Title IX
Wrongful Discharge
Worker Adjustment and Retraining Notification Act (WARN) compliance
Representation in Employment Discrimination litigation Before:

  • Federal and State Courts and Administrative Agencies
  • Equal Employment Opportunity Commission
  • State/Municipal Human Relations Commissions

National Labor Relations Act and Union Issues

Grievances
Arbitration
National Labor Relations Board Proceedings
Wage/Hour Representation before U.S. Department of Labor
Union Avoidance

Director/Officer Liability Litigation

Breach of Fiduciary Duty Claims
Breach of Fidelity Claims
Negligence Claims
Insurance Coverage Claims

Disparagement/Defamation Claims

Preventative Training in Employment Law Matters

Workplace Practices
Employment Hiring and Contracts
Payment Practices
Immigration
Pension Administration
Benefit Administration
Employment Discrimination Litigation and Lawsuit Avoidance
National Labor Relations Act and Union Issues
Director/Officer Liability Litigation
Disparagement/Defamation Claims
Preventative Training in Employment Law Matters
Ethics Proceedings
IRS/Department of Labor Audits
Mediation/Alternative Dispute Resolution
Federal/State Human Relations Acts
Reductions in Force
Establishment of WBE/MBE/DBE Businesses
Whistleblower Statutes

Ethics Proceedings

IRS/Department of Labor Audits

Alternative Dispute Resolution

Early Neutral Evaluation
Mediation
Arbitration

Federal/State Human Relations Acts

Reductions in Force

Establishment of WBE/MBE/DBE Businesses

Whistleblower Statutes