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labor & employment

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Our department’s attorneys spend their time as full-service management-side
employment counsel, providing both traditional labor law and employment law
services. Our comprehensive knowledge of the extensively regulated
employment relationship fosters practical advice in planning, compliance, and
human resources problem solving.

In addition to representing clients in state and federal courts, in collective
bargaining, and before a wide variety of administrative agencies, our labor and
employment attorneys assist clients in anticipating and resolving issues arising
in mergers and acquisitions and related business transactions.

labor law

union avoidance

Hearings before the NLRB on union elections and guidance throughout the entire election process.

managing union relations

Advice on corporate structures to promote corporate labor strategies, responding to and defending NLRB unfair labor practice charges, handling labor grievances and conducting labor arbitrations.

collective bargaining

Serving as chief spokesperson in collective bargaining negotiations and/or providing advice regarding the negotiation process.

labor litigation

Defend actions arising under the Labor Management Relations Act and other federal labor laws.

managing labor disputes

Guiding clients through strikes and other labor disputes, including seeking injunctions in court.

managing corporate change

Advice on labor law issues in connection with mergers, acquisitions, and restructuring in union-represented workplaces.

employment law

litigation

Represent employers in single plaintiff, multi-plaintiff and class action lawsuits, in both state and federal court, including employment discrimination, harassment, retaliation, failure to accommodate, leave of absence, wage and hour (including misclassification, meal and rest period, recordkeeping and related claims), wrongful termination, breach of contract, trade secret, unfair competition, tort and other employment claims.

advice, drafting and training

Advise employers regarding legal compliance, reorganizations, discipline and discharge, workplace safety and other difficult human resource issues. Conduct training on all areas of employment law, including sexual harassment avoidance, discrimination law, legal compliance, leave of absence administration and best practices. Draft executive employment agreements, personnel policies and procedures, arbitration, confidentiality and non-disclosure agreements and other employment documents.

alternative dispute resolution

Guidance and counsel, both at the prelitigation stage and as a method of resolving pending litigation when such methods are in the client’s best interest.

Spotlight

Among the many things that keep employers up at night, labor and employment matters are ranked very high on that list. FLSA, Title VII, ADEA, ADA, EEOC, HIPAA, FMLA, FEHA, CFRA, WARN, OSHA, FCRA, NLRA, LMRA . . . it is impossible to avoid the current alphabet soup of labor and employment laws when running a business of any size. Enforceability of non-competes, the influence and impact of social media on labor relations, the far-reaching implications of the National Labor Relations Act, the effects of equal pay legislation, the legalization of medical marijuana, the application of uncertain reasonable accommodation standards, the threat of cybersecurity risks . . . navigating the labyrinth and complexity of the ever-changing rules in the face of an increasingly litigious atmosphere unwittingly exposes your enterprise to civil fines, criminal penalties, costly lawsuits, and reputational damage.

With a long-standing reputation for unparalleled counsel and with attorneys in our Los Angeles and New York offices who specialize in this extensively-regulated area (including on matters involving traditional labor, class actions and immigration), MSK shares its comprehensive knowledge with the nation’s largest and most recognizable companies. From successfully defending against high-stakes labor and employment litigation in court and arbitration, to providing practical advice to Human Resources personnel, to reaching favorable settlements in class action litigation, to handling organizing campaigns, collective bargaining and the relationships between employers, unions and employees, MSK works diligently, thoroughly, and efficiently as a trusted Labor and Employment advisor so that companies and their executives can successfully navigate the legal and regulatory spectrum facing employers and can remain focused on other strategic imperatives for their businesses.

Practice Chairs

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