EMPLOYMENT

EMPLOYMENT

Overview

What You Need

One of the most valuable assets of every business is its workforce. We offer guidance that goes beyond simply resolving workplace issues as they arise. Rather, we work with our clients to develop innovative policies and strategic initiatives that give them the tools to foster a healthy work environment and, more importantly, cultivate and retain employees. We help mitigate risk by training management on how to handle employment issues before they escalate into legal action. When litigation occurs, our experienced litigators are on hand to develop and deliver cost-effective strategies to maximize the potential for a successful outcome.

How We Deliver

Workforce Management

Workforce management is more than just risk management. Our employment practice recognizes this basic concept by approaching every workforce issue as one that can be resolved through policy development and guidance, in-depth counseling, and a proactive approach to addressing workplace issues.

Policy development and guidance

By working together with our clients to create legally compliant policies governing the workforce life cycle (hiring, integration, retention, and separation), we empower them to manage employee expectations and to build trust and understanding into the employment relationship. We also fashion agreements to foster and enhance the longevity and productivity of the workforce, such as executive employment agreements and deferred and equity incentive compensation plans.

Counseling

Our employment professionals are highly knowledgeable on legal matters impacting the workplace environment and can provide our clients with practical guidance on handling operational issues (such as the hiring of independent contractors and handling overtime), benefits and compensation, discrimination and harassment investigations, and disciplinary issues.

Workplace Dispute Resolution

Our employment group prides itself on delivering cost-conscious, effective results in responding to a wide spectrum of workplace disputes, whether such resolution requires investigation and counseling or legal action. Our practice ranges from prosecuting matters to protect clients from illegal competitive efforts to defending their businesses in state and federal court as well as administrative actions on diverse matters, such as the misclassification of employees as independent contractors, wage and hour disputes, discrimination, harassment, whistleblowing, and other alleged unfair labor practices.

Representative Services

  • Cash-based compensation plans (performance compensation, commission and bonus plans, sale-triggered compensation)
  • 280G and 409A compliance
  • Equity-based incentive plans (incentive and non-qualified stock option plans, membership unit option plans, restricted equity grants, phantom equity)
  • Restrictive covenants, non-competition, intellectual property ownership, non-solicitation, and other employment-related contractual provisions
  • Hiring, termination, and severance arrangements
  • Representation of executives and management teams in acquisition-related negotiations and employment matters
  • Employment Policy Binders to implement or modernize employee handbooks
  • Internal investigations, sensitivity, and discrimination training
  • Worker classification issues (overtime exemptions, independent contractors)
  • Workplace privacy
  • Workplace litigation, including discrimination or harassment (such as violations against the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Family and Medical Leave and New Jersey Family Leave Acts, Title VII, and the New Jersey Law Against Discrimination)
  • Restrictive Covenant litigation to protect employers against theft of intellectual property and raiding of customers and employees
  • WARN Act Compliance and workforce reduction plans