Practice/Industry Group Overview
Fueled by dramatic changes in EEOC regulations, increasing use of social media in the workplace, recent Supreme Court rulings and the ever-broadening scrutiny of the U.S. Department of Labor, the road ahead for employers is strewn with difficult challenges and an inevitable surge in employment claims. Sound, timely and innovative legal advice has never been more critical.
We form close partnerships with our clients to manage and mitigate risk and help them better navigate the challenging legislative and regulatory terrain of employment and labor law.
With more than three decades of experience, Wilson Elser understands that, despite a corporation’s best efforts, employment and labor claims – while often without basis – are nonetheless inescapable. That’s why we form close partnerships with our clients to manage and mitigate risk and help them better navigate the challenging legislative and regulatory terrain of employment and labor law.
We understand that each client defines a “win” according to the particular circumstances of its business needs. When claims arise, Wilson Elser has the experience and wherewithal to act appropriately and decisively, as demonstrated by our outstanding record of dismissals and targeted settlements. In conferring with clients, we take into consideration the demands of their industries, the history of their businesses and what outcomes would constitute success.
Our work transcends claims handling. We preemptively assist clients with a broad range of transactional and contract matters, restrictive covenants and non-compete disputes, labor force reductions and grievances under collective bargaining agreements.
With a caseload that includes private- and public-sector employers, our attorneys are skilled in all aspects of federal and state employment discrimination laws. We handle cases arising under TitleVII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act and the Employee Retirement Income Security Act. We are – quite literally – at our clients’ side when they appear before such administrative and judicial tribunals as the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board or the U.S. Department of Labor, as well as state and federal administrative agencies and courts.
Wilson Elser’s size and structure allow our employment and labor attorneys to work “cross practice” with other functional areas within the firm. We frequently work with our Government Affairs counterparts to further our clients’ legislative and regulatory agendas. We similarly collaborate with our Medical Malpractice and Commercial Services practices as dictated by our clients’ needs.
Wilson Elser’s heritage and ongoing involvement in insurance law allow us to deal effectively with the legal issues and industry practices that inform ultimate outcomes. We regularly and successfully assist in navigating the delicate relationship between insurer and insured.
Recognizing that our clients seek cost-effective solutions to complex and potentially protracted cases, we seek to accommodate them through alternate resolution options, including arbitration, conciliation and mediation. To prevent lawsuits and administrative actions from arising in the first place, one of the hallmarks of our Employment & Labor practice is to work proactively with clients to create a culture that minimizes legal exposure and avoids specific situations that can give rise to claims.
Inherent in our approach:
- Conducting training seminars for both managers and employees on sexual harassment, hiring and interviewing, wage and hour compliance, affirmative action planning and more
- Advising on matters of employee termination, preparation of employment manuals, drug testing and avoiding potential instances of discrimination
- Conducting continuing legal education (CLE) courses
- Issuing periodic alerts on topical employment- and labor-related matters
- Sharing our knowledge and experience through authorship and presentations
- Keeping closely apprised of new and ongoing legislative efforts