Labor & Employment | McCarter & English, LLP

Our Labor & Employment team helps employers stay ahead of potential issues affecting productivity and company reputation by handling a full spectrum of labor and employment law matters, including employment counseling, litigation and labor relations work.

We assist clients in developing policies and procedures designed to prevent litigation but, when necessary, defend their interests in litigation ranging from single-plaintiff cases to nationwide collective and class actions. We help employers craft agreements vital to recruiting and retaining key employees and to protecting their proprietary assets and investments in employees.

Our lawyers keep clients aware of new developments in the law—informally and through client alerts and educational trainings. They author publications, such as Connecticut Employer Law and the Employer’s Guide to Union Organizing Campaigns, and write or contribute to articles on key topics of importance to employers today.

Our lawyers have become long-time advisors to many of their clients who appreciate our ability to deliver practical advice and effectively resolve disputes quickly and cost-efficiently. These clients also rely on the resources we can tap into at a multi-practice firm and our skill at spotting issues that may impact their business in other areas of law. We collaborate with colleagues throughout the firm to deliver comprehensive solutions to clients’ business needs.

Employee Benefits & Executive Compensation

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Our lawyers assist our clients with every aspect of executive compensation, including negotiating employment and severance agreements, change-in-control agreements, deferred compensation arrangements, and long-term incentive plans. Our team also advises on retention issues arising out of leveraged buyouts, mergers and acquisitions, and restructurings. Our clients include compensation committees and boards of directors of publicly traded corporations, private equity funds, senior executives, CEOs and leaders of major organizations.

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Employment Counseling & Regulatory Compliance

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Preventing issues in the workplace can save employers time and money. We help employers develop policies and procedures designed to prevent work disruptions and unnecessary costs.

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Employment Litigation

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Employment lawsuits not only generate widespread media attention but can undermine the strength of your brand, products, and services. We represent employers in disputes ranging from single-plaintiff claims to collective and class action litigation involving the full gamut of employment issues.

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Labor Relations

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Management of unionized workplaces requires deft negotiating skill and practical experience building working relationships with organized labor. Many employers rely on our sound advice to manage relations with their unionized workforces or to implement employee relations strategies that reduce the likelihood of employees unionizing. Because new rules have shortened the timeframes for employers to react to union organizing efforts, our lawyers help employers develop proactive strategies for handling such efforts.

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Workplace Health & Safety

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While ensuring the safety and health of your employees is important to productivity and building trust in your workforce, best efforts cannot always prevent accidents. Our lawyers help you develop and implement strong, workable health and safety compliance programs and troubleshoot potential vulnerabilities to reduce risk. When situations arise, we help employers quickly investigate and respond. We provide the full range of services concerning compliance with and enforcement of laws and regulations administered by the federal Occupational Safety and Health Administration (OSHA) and similar state entities.

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Obtained a dismissal of a ten-count complaint against a national financial services company alleging violations of the Fair Credit Reporting Act (FCRA) and claims for breach of contract based on a withdrawn conditional offer of employment.

Obtained injunctive relief prohibiting a former employee of a nationwide financial services company from using misappropriated confidential information, requiring the return of all such information and documents, and mandating that the ex-employee’s personal computer devices be produced for computer forensic analysis.

Obtained a dismissal in the U.S. District Court for the District of Delaware on all counts of claims filed against divisions of a healthcare strategies company by a former employee who alleged disability discrimination, retaliation, defamation and related claims concerning her dismissal.

Represented a national retailer in a putative class action asserted on behalf of hourly workers in the retailer’s New York stores and obtained on summary judgment a complete dismissal of the action. We successfully narrowed discovery to a single issue of first impression in New York—whether deli department workers inside a large retail store are “restaurant” workers potentially eligible for additional wages under New York wage law. The outcome could have impacted the retailer’s New York stores significantly and potentially affected other retailers.

Obtained an affirmance by the U.S. Court of Appeals for the Second Circuit of summary judgment in favor of a division of a national retailer. The court rejected the argument of the plaintiff, an applicant for an optician job, that the company’s policy against hiring individuals convicted of felony drug offenses in the optical department was just a pretext for national origin or sex discrimination.

Defended a vendor in the healthcare industry against multiple trade secret and contract-related claims. We obtained a very favorable settlement after obtaining dismissal of most of the plaintiff-competitor’s claims via pre-answer motion practice.

Obtained summary judgment in Connecticut federal court in favor of our client health care organization in a matter involving allegations of race, national origin, and sex discrimination. We defended this matter concurrently during a time of difficult collective bargaining negotiations.

Defending a Catholic healthcare system in a well-publicized gender identity discrimination case relating to patient care that implicates important constitutional issues of religious freedom.

Defended a non-profit organization against discrimination and whistleblower retaliation lawsuits and administrative charges filed by a number of former employees. All court cases were settled on favorable terms at early stages of litigations and prior to the client being required to produce witnesses for depositions, and administrative proceedings before the New Jersey Division on Civil Rights were dismissed after favorable findings by the agency.

Obtained a dismissal of a claim of tortious interference filed by a plaintiff former employee after our client notified the plaintiff’s new employer of the employee’s non-compete agreement.

Obtained a dismissal for a charter airline of a New Jersey federal court whistleblower claim based on federal preemption under the Airline Deregulation Act. We secured a favorable settlement after the plaintiff refiled a claim with the Occupational Safety and Health Administration under the Federal Aviation Administration’s Whistleblower Protection Act and during proceedings before an administrative law judge.

Defended a health insurer in a class arbitration brought by participating medical providers alleging improper reimbursement for medical services; was part of the appellate team in the Third Circuit Court of Appeals and the U.S. Supreme Court.

Representing a nationwide pool equipment manufacturer concerning the employment law aspects of corporate acquisitions and transactions, including drafting employment-related agreements and severance agreements, conducting due diligence reviews, and advising on Worker Adjustment and Retraining Notification Act issues.

Obtained an affirmance at the New Jersey Appellate Division of a lower court decision granting summary judgment in favor of a medical center concerning multiple claims brought by a former teenage volunteer who alleged that the medical center was liable for damages she claimed to have suffered because she had a consensual sexual relationship with a hospital employee. This decision was a win for employers throughout New Jersey in that it recognized reasonable limitations on an employer’s liability for employee conduct that is outside the scope of employment and contrary to the employer’s business interests.

Tried to conclusion a New Jersey collective action and defended related consolidated multidistrict class and collective actions brought by a group of more than 300 employees of a national office supply retailer who claimed that they were misclassified as exempt managers. The matter was ultimately resolved by a nationwide settlement of the New Jersey and the multidistrict actions.

Obtained a verdict in favor of our fragrance industry executive client against his former employer’s claims of trade secret misappropriation, breach of a confidentiality agreement, and violation of the Computer Fraud and Abuse Act after a six-week federal court jury trial. The Third Circuit Court of Appeals affirmed the judgment in its entirety.

Defended a family owned manufacturer and its majority shareholders in arbitration and litigation brought by a terminated shareholder alleging discrimination and minority shareholder oppression.

Obtained a favorable New York state appellate ruling for an insurance company executive in finding that the executive’s new employer did not have a legitimate protectable interest in the executive’s pre-acquired clients’ business and thus could not enforce a restrictive covenant related to these clients.

Obtained a favorable settlement of a class action litigation concerning the status of retiree health benefits under several decades of collective bargaining agreements.

Obtained a complete victory in an arbitration concerning claims alleged by one of the mobile app developer’s founders that the company breached his employment agreement and stockholder’s agreement when he was terminated from his employment and removed as a director. The company also prevailed against the founder on its counterclaims for breach of fiduciary duty and breach of the stockholder’s agreement in Delaware federal court.

Won summary judgment for Jones Lang Lasalle in a matter concerning an employee’s gender discrimination claim. The judge ruled from the bench in favor of Jones Lang LaSalle after hearing oral argument on the employee’s claims.

Obtained summary judgment in favor of a healthcare client who terminated an employee suffering from emotional disabilities who was unable to return to work after an extended leave of absence.

Obtained summary judgment in New York state court for an accounting firm dismissing a former employee’s multi-count claims that included discrimination, harassment, and breach of contract.