Our Labor & Employment Practice Group consists of accomplished attorneys fully equipped to provide counsel on virtually any labor and employment law matter, including:
- Defending all types of individual and multi-plaintiff employment cases.
- Defending complex class and collective actions.
- Representing management in union elections, both in certification and decertification petitions.
- Negotiating and administering labor agreements.
- Drafting employment policies, benefits plans, employment agreements and severance plans.
- Conducting preventative training and compliance audits, including supervisory training to prevent union activity, harassment and/or retaliation.
We represent clients in federal and state court lawsuits involving claims of discrimination, federal wage and hour claims, and a myriad of state law claims for breach of contract, negligent retention and intentional infliction of emotional distress. Our lawyers also represent companies with respect to restrictive covenants, such as non-competition and non-solicitation agreements. We frequently advise clients on workplace issues, such as human resources policies and procedures, employee handbooks, executive compensation and incentive pay systems, union avoidance techniques, and collective bargaining agreements.
Litigation and Dispute Resolution
Although we strive to keep clients out of litigation, we realize that some employment disputes arise that can only be resolved through litigation. Once litigation begins, our primary focus is to get the most successful result for our client in the most cost-effective manner possible. To significantly reduce costs normally associated with organizing and pursuing the defense of a case, we utilize advanced technology like Real-Time transcription, Summation and ProLaw case management software and document scanning. In the event the case must go to trial, few, if any, law firms have the jury trial experience that our trial attorneys possess.
The unmatched success and experience of our litigation practice is unquestionably our defining trait. We regularly represent clients in all facets of employment litigation in both federal and state courts across the nation, including litigation involving all types of unlawful discrimination, wrongful discharge, retaliation, whistleblower claims, federal and state wage and hour laws, collective bargaining agreements, employment contracts, compensation agreements, non-solicitation and non-disclosure agreements, covenants not to compete, and trade secret issues. Our record for obtaining summary judgment, directed verdicts and jury verdicts in these cases is unparalleled.
We also regularly represent clients in administrative investigations, proceedings and litigation before:
- The Equal Employment Opportunity Commission
- The National Labor Relations Board
- The Department of Labor, including the Wage and Hour Division
- The Department of Justice
- The Office of Federal Contract Compliance Programs
- The Occupational Safety and Health Administration
- The Nuclear Regulatory Commission
- The U.S. Immigration and Naturalization Service
Our lawyers routinely practice alternative dispute resolution techniques (including mediation, arbitration and mini-trials) and endeavor to use these techniques whenever they serve the best interests of clients.
Some examples of our litigation practice include the following:
- Winning a jury verdict in favor of a Fortune 500 client on plaintiff’s race discrimination and retaliation claims.
- Winning a jury verdict in favor of an employer in a pregnancy discrimination case.
- Winning a directed verdict in favor of Fortune 500 client in Alabama on plaintiff’s racially hostile work environment claim.
- Winning a directed verdict in a sex discrimination lawsuit brought by two female over-the-road truck drivers against a large transportation company.
- Winning summary judgment for a silicon water manufacturer in a case where a discharged engineer alleged age, religion and national origin discrimination.
- Winning a directed verdict in favor of a national restaurant company on plaintiff’s sexual harassment hostile work environment claim.
- Winning a jury verdict in favor of Fortune 500 client on a plaintiff’s retaliation claim.
- Winning a directed verdict on a race discrimination claim for a nationwide chain of movie theaters in Arkansas.
- Obtaining summary judgment in Florida in favor of Fortune 500 client in a four-plaintiff lawsuit alleging hostile work environment, racial harassment and race discrimination in promotions and discipline in a case where the EEOC had issued a cause finding.
- Obtaining summary judgment for Fortune 500 client in a race discrimination case challenging the promotion system at a company facility.
- Obtaining summary judgment for clients against numerous plaintiffs alleging claims of long-standing supervisor and coworker sexual harassment.
- Obtaining summary judgment in an age discrimination claim brought by the human resources manager who was let go in a reduction-in-force by a large manufacturer.
- Obtaining summary judgment for a telecommunications company in a sex discrimination case filed in Florida.
- Winning summary judgment in a case involving allegations of age discrimination and disability discrimination against a Fortune 500 telecommunications company.
- Winning a motion to dismiss a national origin discrimination claim filed against an employer operating a nuclear power plant.
- Successfully obtaining the dismissal of an OSHA citation that alleged willful safety violations and proposed approximately $90,000 penalties against Fortune 500 client.
- Representing a nuclear licensee in successfully defending against claims of retaliation before both the Department of Labor and the Nuclear Regulatory Commission.
- Winning a jury verdict in Virginia in favor of Fortune 500 client in breach of employment contract action brought by its Chief Financial Officer.
- Obtaining judgment in favor of nationwide agricultural business in Virginia in claims of sexual harassment, negligent hiring, and negligent retention.
- Obtaining summary judgment in Virginia in favor of a major Virginia city on claims of national origin discrimination.
Class and Collective Action Litigation
We have the expertise, experience and resources to manage large class action, collective action and multiple-plaintiff litigation, including claims related to “pattern and practice” employment discrimination and federal wage and hour violations.
Our successful management and defense of these types of cases for Fortune 500 clients has garnered national recognition. A few recent, notable examples of this success include:
- Defeating motion for class certification in race discrimination case which sought to establish a class of approximately 2,400 employees of Fortune 500 client, then obtaining summary judgment on all remaining individual plaintiffs’ claims. We successfully represented our client throughout the appellate process, which ultimately ended before the U.S. Supreme Court.
- Obtaining summary judgment against all named plaintiffs in putative class action brought pursuant to the FLSA and another federal wage and hour statute against Fortune 500 client on behalf of more than 2,000 plaintiffs, thereby eliminating any chance for the class to be certified.
- Obtaining a dismissal of a putative collective action brought by 168 named plaintiffs under the Fair Labor Standards Act alleging entitlement to overtime pay for time spent on call.
- Obtaining dismissal of the class allegations in a series of FLSA collective action cases brought against client that sought to include class of several thousand plaintiffs.
- Obtaining judgment against all named plaintiffs in collective action brought under the ADEA against a major Virginia radio and television broadcasting company.
- Winning a motion to dismiss a class action lawsuit brought by police officers under the Fair Labor Standards Act against a large public employer located in metropolitan Atlanta.
- Obtaining summary judgment against all individual plaintiffs in putative class action filed against Fortune 500 client by establishing that company was not the plaintiffs’ joint employer under the Fair Labor Standards Act.
- Obtaining disqualification of “pattern and practice” plaintiffs’ statistical expert witness.
- Obtaining court orders limiting the scope of plaintiffs’ discovery.
- Successfully managing large discovery databases.
- Successfully negotiating complex settlement agreements and consent decrees.
Traditional Labor Law
We regularly represent management in union elections and leads negotiations in collective bargaining with unions. Our lawyers also conduct supervisory training to prevent incipient union activity as well as represent management in arbitrations interpreting aspects of collective bargaining agreements. In addition, we manage investigations initiated by various governmental agencies, including the NLRB and the OFCCP.
Some examples of our work in this area include:
- Conducting union avoidance campaigns for dozens of companies, including a campaign in New York for an international entertainment company and campaigns in Los Angeles and Memphis for a security company doing business around the world.
- Negotiating collective bargaining agreement for clients across the nation.
- Handling hundreds of labor arbitration cases for clients throughout the U.S.
- Decertifying two unions in Texas and Delaware for a manufacturer of flexible packaging.
- Defeating union organization attempts for a boat manufacturer in Tennessee and Florida.
- Decertifying a union in Michigan and Wisconsin for a furniture retailer.
- Negotiating subcontracting provisions into collective bargaining agreements after multi-week work stoppages.
We also have vast experience guiding unionized clients through the maze of issues that arise in the labor management relations process. We serve as chief labor counsel to various unionized clients, including the Fortune 500 holding corporation of power utility companies located throughout the southeastern United States. In this capacity, our lawyers are adept at responding to unfair labor practice charges, providing counseling and strategy advice throughout the grievance process, defending management in arbitration proceedings, and defending against suits alleging breach of collective bargaining agreements or seeking to compel arbitration.
Human Resources Consulting
We routinely help clients manage legal compliance issues, identify unforeseen legal risks and avoid undesired litigation costs that can arise from employment actions and decisions. Our lawyers provide clients with proactive human resources consulting that maximizes the effectiveness and defensibility of employment policies and actions. Our strategic approach reduces the risk of legal challenges to our clients’ employment policies and actions. Our services include:
- Reviewing, designing and drafting employment policies and practices, including customized, state-of-the-art employee handbooks based on methods designed to support business goals, maximize employer flexibility and ensure total legal compliance.
- Designing and implementing employee discipline systems.
- Designing hiring systems which ensure legal compliance and enable companies to attract the highest quality employees.
- Creating compensation systems to reduce costs, increase performance and assist retention of high quality employees.
- Training supervisors/employees on compliance with all federal and state labor and employment laws.
- Providing general employment advice and preventative counseling.
- Conducting or overseeing workplace harassment and misconduct investigations.
- Creating job descriptions, including identifying essential job functions and other employee leave issues.
- Implementing union avoidance strategies.
- Assisting with corporate reorganizations, plant closings and reductions in force, including developing voluntary and involuntary severance plans.
- Preparing affirmative action programs and defending OFCCP Audits.
- Advising on corporate asset protection, including development of policies and agreements that protect against unlawful disclosure or use of confidential information, trade secrets, intellectual property, employee raiding and unfair competition.
Some specific examples of our human resources consulting work include the following:
- Designing, implementing and maintaining a voluntary and involuntary workforce reduction process for companies in the technology, manufacturing and many other industries.
- Designing and drafting a human resources management and compliance system for a national retailer with more than 1,000 locations.
- Designing and drafting the human resources policies and documents for start-up of a $1 billion company.
- Redesigning hiring and internal selection procedures and criteria for an 11,000-employee company.
- Designing, implementing and evaluating group-based incentive pay systems covering more than 50,000 employees for more than a dozen Fortune 500 companies.
- Designing and implementing an essential job functions development process and an ADA compliance program for several nuclear power plants.
- Drafting and negotiating nationwide non-competition and non-disclosure agreements for employees of a paper products supplier and for officers of a leading software developer.
- Drafting affirmative action plans for Fortune 500 client which allowed the company to bid on government contracts.
- Training managers and employees at Fortune 500 clients regarding sexual harassment issues.
- Conducting a workplace violence seminar for employers outlining warning signals of workplace violence and practical tips on how to deal with workplace violence situations.
- Investigating allegations at a national manufacturing company that a senior executive assaulted and sexually harassed a subordinate.
- Advising professional sports teams and a national cinema company on public accommodation compliance issues under the Americans with Disabilities Act, including negotiating with the Department of Justice for the clients on those issues.
