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Labor & Employment

Employment Counseling & Regulatory Compliance

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.

Counseling and Training

Ensuring that employees understand workplace rules helps reduce issues and improve day-to-day operations. Our lawyers draft and update workplace policies and employee handbooks to meet current labor and employment regulations. We keep you abreast of new developments so you can implement appropriate changes before rules go into effect. Our lawyers audit workplace procedures to identify any gaps in complying with regulatory requirements and disclosure rules concerning such areas as employee classification, wage and hour matters, employee data privacy, reasonable accommodations, and leave policies. We conduct on-site employee trainings concerning all aspects of the worker-employer relationship, including those covering sexual harassment prevention.


We guide employers with workforces across multiple states on strategies for reconciling differences in state laws covering such areas as family medical leave, medical and recreational marijuana, and anti-harassment laws. When employers need to undergo personnel changes, we help them develop best practices for documenting and implementing terminations and reductions in force.

Employment Agreements and Restrictive Covenants

Well-drafted employment agreements and related restrictive covenants are critical to employers successfully protecting confidential and proprietary information, relationships with customers, and investments in employees. To protect these assets and reduce the risks of disputes over performance or pay, we draft and review standard employment contracts and restrictive covenant agreements that carefully stipulate the expectations, responsibilities, and obligations of both employer and employee. Because restrictive covenant agreements, including non-compete agreements, can be difficult to enforce, the group’s attorneys keep abreast of current developments in the area and refine their drafting to strengthen enforceability.

Investigations

Scrutiny of company executives and board members for allegations of misconduct, harassment or compliance violations is seemingly never-ending. Potential issues can quickly become overblown in the media, causing serious damage to the company’s reputation and may even affect a company’s bottom line if not managed proactively. We assist our clients in quickly investigating the situation to help control the situation. We investigate matters ranging from sexual harassment to whistleblower claims to trade secret misappropriation claims.

Transactional Support

Mergers and acquisitions and other important business dealings can often incur delays or headaches when labor and employment issues are not identified early. We have extensive experience identifying issues hidden in such deals—including ones involving wage and hour liabilities, union representation issues, or change of control agreements—and working with our transactional lawyers to help chart a best course forward to ensure the success of the deal.

Representative Matters

Various companies—Sexual harassment claim investigations

Conducted numerous investigations into sexual harassment claims for companies, providing comprehensive reports on the allegations to the in-house human resources teams. We have also provided comprehensive sexual harassment prevention training.

Regional community non-profit—ADA Investigation

Conducted an investigation into an Americans with Disability Act claim made by an employee of a regional community non-profit organization and counseled the organization on how to reasonably accommodate the employee to avoid litigation.

Nationwide pool equipment manufacturer—Employment advice, agreement drafting related to corporate acquisitions

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.

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Our Team
Insights Publication Magazine Open Stack
Publications|Alert
Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies
M&E Labor & Employment Law Alert
9.3.2015
Insights Publication Magazine Pages
Publications|Alert
What Employers Must Do Now to Prepare for the Inevitable Increase in the Minimum Salary Level for Exempt Employees
M&E Labor & Employment Alert
8.18.2015
Insights Publication Magazine Stack
Publications|Alert
Update on the Massachusetts Earned Sick Time Law: What Employers Need to Do by July 1, 2015
Labor & Employment Law Alert
6.8.2015
Insights Publication Magazine Stack
Publications|Alert
New Jersey enacts “Ban-the-Box” law, limiting inquiries about criminal history during first phase of hiring process
M&E Labor & Employment Law Alert
8.15.2014
Insights Publication Magazine Stack
Publications|Alert
New Paid Sick Time Mandates in New York & New Jersey
M&E Labor & Employment Alert
3.28.2014
Insights Publication Magazine Pages
Publications|Alert
Attention Employers: New Poster Requirement in New Jersey Regarding Gender Equity in Pay and Compensation
M&E Labor & Employment Alert
1.21.2014
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The McCarter & English, LLP website is for informational purposes only. We do not provide legal advice on this website. We can provide legal advice only to our clients in specific inquiries that they address to us. If you are interested in becoming a client, please contact us, but do not send any information about your specific legal question. We cannot serve as your lawyers until we establish an attorney-client relationship, which can occur only after we follow procedures within our firm and after we agree to the terms of the representation.

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