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Labor, Employment & OSHA: Counseling

The American workplace is heavily regulated by federal, state and local laws and regulations, and it presents many potential pitfalls. We offer practical advice and effective business solutions to employers of all sizes in a vast array of industries.

Our Work

ArentFox Schiff's Labor, Employment & OSHA lawyers regularly:

  • Advise public and private companies and large non-profits on implementation of comprehensive policies against sexual harassment, gender bias and other forms of discrimination, including effective complaint, investigation and remediation procedures;  
  • Conduct internal investigations of allegations of sexual harassment, discrimination and retaliation and other workplace misconduct, many of which involve allegations against C-suite executives; 
  • Train managers and rank and file employees on a variety of topics, including discrimination, harassment and retaliation, dealing with ill and injured employees and family and medical leave laws, wage and hour issues and discipline and discharge issues;
  • Draft and review personnel policies and employee handbooks;
  • Draft and negotiate and advise on issues in employment agreements, arbitration agreements, nondisclosure agreements, noncompetition agreements, nonsolicitation agreements, intellectual property agreements and separation agreements;
  • Advise clients on the protection of trade secrets and other confidential information;
  • Advise employers on compliance with labor and employment laws at the federal, state and local levels, including equal employment opportunity laws, labor relations laws, wage and hour laws, family and medical leave laws, ban the box laws, workers’ compensation laws and unemployment compensation laws;
  • Advise employers on labor and employment law issues in corporate transactions;
  • Advise employers on position eliminations, reorganizations and reductions in force, including conducting adverse impact analyses and compliance with federal and state plant closing and mass layoff notification laws;
  • Advise federal contractors on the preparation of affirmative action plans, and in dealing with audits and other compliance issues before the US Department of Labor; 
  • Advise clients in matters arising under the Service Contract Act, Davis-Bacon Act, and other federal and state prevailing wage laws; 
  • Represent employers in developing and maintaining positive employee relations prior to and during union organizing campaigns beginning from before a union files a petition to be certified as a collective bargaining representative through an election conducted by the National Labor Relations Board, including post-election challenges and objections; and we have substantial experience negotiating collective bargaining agreements;
  • Advise our public accommodation clients on compliance with the Americans with Disabilities Act and other related federal, state and local laws including design and construction requirements and making reasonable accommodations and modifications for individuals with disabilities; and
  • Advise our real estate clients on compliance with federal, state and local fair housing laws and regulations, including design and construction requirements and making reasonable accommodations and modifications for individuals with disabilities; and are frequently called upon to draft or review fair housing policies, and to provide fair housing training to employees and managers. 

How We Help

  • Conducting Internal Investigations
  • Policy Development and Positive Employee Relations
  • Employment-Related Agreements
  • Protecting Trade Secrets and other Confidential Information
  • Manager and Employee Training
  • Compliance with all Labor & Employment Laws
  • Partnering with Clients on Discipline, Discharge, Medical Leave and Reasonable Accommodation Decisions
  • Employment Issues in Corporate Transactions and Reorganizations