Greenberg Traurig, LLP

People are the lifeblood of any organization. Managing any workforce presents numerous challenges and risks. Employers must negotiate a labyrinth of federal and state regulation built by agencies concerned with a broad range of issues that encompass tax, labor, immigration, securities and homeland security matters.

For companies doing business internationally, the management task is even more burdensome. Today’s global organizations must comply with employees’ legal rights under regulatory frameworks that vary from country to country. In any event, whether domestically or globally, and in addition to complying with applicable laws, businesses must meet their employees’ professional and personal needs – all while being mindful of cultural considerations.

Greenberg Traurig’s Global Human Capital Solutions group was formed directly in response to our clients’ needs. We advise businesses on virtually every U.S. legal matter that can involve their employees. In addition, we counsel U.S. entities operating in foreign countries, U.S. entities engaging labor from both within and outside of the United States, and foreign entities operating and/or engaging labor within the United States. To ensure that our clients’ legal needs are addressed efficiently, effectively and in a manner that considers the critical issues, we have implemented a multidisciplinary approach that brings together lawyers and professionals from across the firm and with experience in practice areas such as Tax, Global Benefits & Compensation, Labor & Employment, and Business Immigration & Compliance. Working closely with our clients, the Global Human Capital Solutions Group provides legal and practical strategies and services to address their most complicated human capital challenges.

We assist clients with a broad range of human capital-related issues, including:

Managing Risk and Compliance

Our goal is to help you reduce your costs and increase efficiency by avoiding problems before they arise. We are able to provide guidance on compliance, due diligence and integration issues across all disciplines thereby helping to reduce your risk.

Hiring and Staffing with Internationally Mobile Employees

• Draw on our team’s wide-ranging knowledge of immigration issues and benefit planning strategies
• Help clients address these issues as their employees change benefit plans

Employment Agreements

• Assist in drafting enforceable restrictive covenants
• Provide tax-effective and 409A-compliant compensation arrangements
• Handle securities filings for public companies

Payroll and Employment Taxes

• Advise on payroll and tax considerations in the United States and other countries, including income tax, equalization and social charges
• Assist companies in structuring compensation packages to take advantage of tax treaties and tax benefits available in each country
• Draw on the experience of GT tax attorneys who design and implement international benefits programs to help ensure maximum tax effectiveness

Wage & Hour

• Assist companies in developing systems to ensure compliance with U.S. citizenship and immigration services, Department of Labor and State Department regulations
• Assist with H-1B and H-2B Visas
• Advise on the issues related to leased employers and contractors

Immigration, Visas and Work Permits

• Work with a broad network of immigration professionals in foreign centers of commerce and government to assist clients with processing temporary and permanent visas to allow entry and work in foreign countries
• Advise on the immigration issues involved with employees returning to the United States
• Assist with employer sanctions, compliance and I-9 requirements

Alternative Labor Sources

• Draft and negotiate contracts with independent contractors and third-party providers to help ensure our clients’ companies are protected

Global Employee Benefits

• Provide advice and services with respect to executive employment agreements, and equity or other forms of executive compensation, as well as life insurance, health insurance, severance pay and other forms of welfare plans that fit with the unique needs of a company’s global employees
• Assist in the creation of benefit plans that work seamlessly with local laws and customs

Unions

• Provide a wide range of services, from initial counseling to National Labor Relations Board (NLRB) and National Mediation Board proceedings
• Help employers maintain positive relations with their employees while avoiding the expense and disruption of litigation

Company Policies

• Provide guidance on compliance issues related to hiring and termination procedures and employee manuals
• Draft policies, employment agreements, non-competition agreements and severance agreements

Terminations

• Advise clients on termination laws, as each country and jurisdiction bring with them different and often confusing rules and regulations
• Counsel clients regarding:
• Seconded employees returning to the United States
• The risks of terminating employment of U.S. employees while they are overseas
• Visa/immigration issues for returning U.S. employees
• Benefit plan and tax issues for returning U.S. employees
• Termination of local hires under applicable local laws
• Legal claims (severance, bonus, benefits and indemnity)

Reductions in Force/Downsizing

• Assist clients in navigating the procedures and costs involved in downsizing or closing their offices or operations under local laws
• Advise on issues associated with seconded employees, as well as litigating contested employee claims

Employment Litigation

• Provide a full range of services for labor relations, from initial counseling to NLRB hearings to appellate court practice
• Draw on the litigation capabilities of GT’s Labor & Employment Practice, which encompass:
• Class actions
• Discrimination and harassment
• Wage and hour
• Trade secrets and unfair competition
• ERISA
• Workplace violence
• Collective bargaining and related matters
• Unfair labor practices
• Union arbitrations
• Workplace environmental and safety

Legal Compliance

• Advise on the application of both U.S. laws and local laws to employees working overseas

International Labor Agreements & Treaties

• Provide guidance on immigration controls, employment standards, union policies and employee labor protection standards