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  •  "They have a 24-hour response rate, so I am never left hanging."

    "They have never steered me wrong; they are proactive rather than reactive, and they follow up."

    "They understand our company, they are efficient and they offer excellent communication."
    - Chambers USA

Labor & Employment Law

The growing complexity of employment law has made it difficult for companies to comply fully with industry regulations. Companies need to understand and manage issues including sexual harassment, age discrimination and hostile working conditions, and avoid liability related to pension plans and healthcare delivery.  Tightened immigration laws for companies hiring key international staff must be considered, as should the protection of confidential and proprietary information, critical assets and customer relationships.

McCarter assists company management in making informed decisions that are in full compliance with employment law.  The firm is fully prepared to create cost-effective strategies and defend companies in court and before administrative agencies.

The firm negotiates labor contracts, assists in their administration and handles grievance and interest arbitrations. It works on ERISA issues for employers managing their pensions, retiree benefits and severance plans. Our attorneys work with both Fortune 500 and mid-cap companies to obtain visas for foreign nationals and advise on related tax matters, and we are thoroughly familiar with constructing and defending employee restrictive covenant agreements.  The firm handles litigation ranging from single-plaintiff cases to class actions challenging company-wide and nationwide policies.

Employee Relations Counseling and Training

Our attorneys conduct and develop management and employee training on all aspects of the employment relationship, including sexual harassment and EEO issues. The firm can help a client's HR personnel and management staff make smart and informed decisions at every step of the employment relationship, in full compliance with current employment laws.

The firm helps its union-free clients stay union-free by helping them develop sound, progressive labor relations practices. For clients with unionized employees, the firm negotiates collective bargaining agreements and helps clients develop effective ways to manage their businesses without unnecessary and counterproductive strife and disruption. Specific labor relations services include proactive union avoidance efforts, union organizing drives and other representation and decertification proceedings, and the filing or defense of unfair labor practice proceedings with the National Labor Relations Board or applicable state agencies. In addition to negotiating labor contracts, the firm assists in their administration and handles related grievance and interest arbitrations. Its attorneys also have the experience necessary to handle all aspects of labor disputes, including picketing and strikes, before the appropriate agencies and courts.

Employment and Discrimination Litigation

Employment cases not only attract widespread media attention but can result in major judgments, including punitive damages. Our attorneys represent employers in state and federal courts and before state and federal administrative agencies in cases relating to discrimination, sexual harassment, whistleblowers, wrongful discharge, unfair labor practices, breach of contract, OSHA, FLSA and virtually all other aspects of employment law. We work with each client on a case-by-case basis to develop an appropriate and cost-effective defense strategy. 

Employment Compliance

Prevention is the best approach. Our lawyers have the experience to recognize employment issues early and assist clients with developing policies and strategies that avoid problems.  The firm's lawyers keep abreast of current issues, including continual changes in federal, state and local statutes and regulations. If necessary, they can also represent employers in litigation ranging from single plaintiff cases to class actions.

ERISA Litigation

Increased emphasis on employee rights, especially related to pension plans and healthcare delivery, has increased the potential for liability. Our ERISA Litigation Team has handled a wide variety of claims such as those involving the liquidation of employer stock funds when the employer merges or is acquired, claims for benefits under welfare and pension plans, plan-wide disputes over payment of severance, early retirement benefits, HMO liability, alleged mismanagement of pension funds, and alleged misrepresentations concerning tax qualification or other benefits available under a company plan.

As national counsel to one of the country's largest insurance companies, the firm managed one of the nation's largest class action settlements and handled hundreds of opt-out cases across the country. The firm continues to represent scores of insurance companies and other financial institutions in the federal and state courts and before administrative agencies.

Non-Compete Agreements and Restrictive Covenants

Confidential and proprietary information and relationships with customers and employees are among a company's most critical assets. Employee restrictive covenant agreements allow a company to protect these valuable assets. Our attorneys are thoroughly familiar with the law in this area and the factors used by the courts in determining the enforceability of these agreements.  We have developed substantial experience drafting these key agreements for clients.

If it becomes necessary to enforce the agreements, the group's attorneys have a demonstrated record of success in both the state and federal courts. Our attorneys also assist clients when they are threatened with claims by competing companies alleging interference with a restrictive covenant agreement.

Immigration

More stringent laws and restrictions often make the immigration process challenging. The firm's immigration attorneys assist both Fortune 500 and mid-cap companies in obtaining various types of visas for personnel, and advise these clients on related tax matters. We assist our clients in hiring foreign nationals, principally into professional-level positions (H-1B visas). We also represent clients with foreign offices seeking to transfer employees from overseas to the U.S. (L-1 visas).

Whether an individual has been hired directly by a U.S. operation or has transferred to this country, our attorneys frequently represent clients who wish to sponsor those individuals for permanent residence status, and have done so with the Department of Labor and the BCIS throughout the U.S.

Speaking

12/09/14
06/17/14
Home Care Association of New Jersey
04/29/14
Spain-U.S. Chamber of Commerce, Fundacion Gabarron, New York City
03/13/14