Practice Areas & Industries: Parker Poe Adams & Bernstein LLP

Practice/Industry Group Overview

In today's rapidly changing workplace environment, sound employee relations strategies are critical. We provide creative and effective legal guidance to employers as they manage all aspects of their employment relationships, from the hiring process through post-termination legal claims. We are responsive and flexible as we assist employers in achieving their business goals while minimizing exposure to legal liability. As North Carolina's exclusive representative in the Employment Law Alliance, a national and international network of employment attorneys, we are uniquely positioned to assist employers that have operations and interests in multiple jurisdictions.

Services Available

Employment Defense Litigation - Our employment attorneys have substantial experience representing clients in a broad array of litigation matters in state and federal courts in North Carolina and South Carolina as well as courts across the Southeast United States. We defend employers against claims involving Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Sarbanes-Oxley Act, wrongful discharge, retaliation, wage and hour matters, tort claims and other employment-related issues.

Regulatory and Administrative Investigations and Compliance - We routinely practice before a variety of federal and state agencies that administer employment laws and regulations, including the Equal Employment Opportunity Commission (EEOC) and equivalent state fair employment practices agencies, the Office of Federal Contract Compliance Programs, the National Labor Relations Board and federal and state departments of labor and OSHA agencies. We also provide employers with investigative, auditing and response services aimed at achieving full legal compliance, with minimal costs and business disruptions.

Wage & Hour - We provide employers with practical, innovative and effective strategies in wage and hour matters, with a focus on the legal requirements of the FLSA, state-specific wage and hour issues, overtime pay exemptions and legal control of overtime. We also represent employers in enforcement proceedings initiated by federal and state departments of labor and litigation involving both single plaintiffs and class actions.

ADA and FMLA - Our attorneys work closely with employers in navigating the intricacies of the ADA and the FMLA and the relevant regulatory framework. We provide proactive strategies for employers to make prudent business decisions regarding sick and injured employees and minimize the inevitable legal exposure.

Human Resources Counseling and Policies - We assist employers in the drafting, implementation, modification and enforcement of personnel policies and innovative employee relations concepts. We also provide strategic advice and guidance on specific personnel actions, such as hiring, evaluation, discipline and termination.

Management Training - We work closely with in-house counsel, company management and human resources professionals to develop and implement effective training programs for supervisory personnel. Training programs are customized to meet our clients' specialized needs, and may include such topics as EEO and non-discrimination, sexual harassment, dealing with sick and injured employees; effective human resources practices, including hiring, evaluation, discipline and discharge, wage and hour issues, workplace violence and emerging trends in employment law.

ERISA Litigation - Working closely with our employee benefits attorneys, we handle a variety of ERISA litigation matters for our clients, including defending claims for denial of medical, disability, life, severance and pension benefits, ERISA preemption, subrogation issues, interpleader actions and breach of fiduciary duty claims.

Mergers, Acquisitions and Other Business Transactions - In partnership with our transactional attorneys, we are actively involved in due diligence on a variety of merger, acquisition and joint venture transactions. In connection with such transactions, we negotiate and draft employment agreements, retention plans, consulting agreements, severance documents and parachute agreements. We also manage compliance with the WARN Act and other legal issues triggered by such transactions.

Employment and Non-competition Agreements and Protection of Trade Secrets - We counsel and assist employers in the drafting, implementation, modification and enforcement of employment contracts and related agreements designed to protect competitive interests, trade secrets and other confidential information.

Immigration - Our immigration attorneys counsel multinational, foreign and domestic companies based throughout the world in industry sectors ranging from manufacturing, telecommunications, software development, ecommerce and financial services. We are especially experienced in handling immigration issues for researchers, scientists, engineers, computer specialists and executives who have particular needs and who warrant creative and aggressive immigration strategies.

Please visit our website to read EmployNews, a complimentary, weekly electronic publication that we send to clients and friends in order to keep them informed of current trends and issues in the fields of employment and employee benefits law.