Labor & Employment

Tensions often run high in employment related legal matters for employees or employers alike. To circumvent these situations, Burch & Cracchiolo's Labor & Employment lawyers help clients take the essential measures at the human resources level to reduce the risk of dispute between an employer and employee. We believe that sound planning is the best way to minimize employment problems and litigation. Timely intervention and counseling on legal issues when hiring, termination or other employment related decisions are made, can be a cost-effective and favorable way to reduce legal risks while achieving business goals. However, when the circumstances make litigation unavoidable, we bring considerable skill and experience in the area of employment law to the table.


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Corporate Compliance

At Burch & Cracchiolo, we understand that employers routinely face a dizzying array of federal and state statutes regulating the workplace. Our Labor & Employment lawyers help our clients understand and comply with the more than 180 federal laws administered and enforced by the Department of Labor (DOL), the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC) and state agencies. These laws cover virtually every aspect of labor and employment, including workplace safety and health, union activity, equal employment opportunity, family and medical leave, plant closings, and layoffs. State laws, often different from and sometimes stricter than their federal counterparts, add another regulatory layer. We partner closely with our client contacts to respond to specific questions, address specific issues, work through troublesome situations or guide the enforcement of client policies.

Discrimination Claims

Employment discrimination, related to age, race, sex, religion or gender preference is an area of particular concern for employers. Burch & Cracchiolo attorneys regularly represent companies in defending against such claims, appearing before state, federal and local agencies, including the Equal Employment Opportunity Commission. We also counsel our clients on policies and procedures to avoid and mitigate discrimination claims.

Employment Agreements

Burch & Cracchiolo attorneys assist employers in creating effective and defensible policies regarding employment practices. In addition, we bring a wealth of experience to the development of forms and documentation, including handbooks, applications, performance reviews and termination documents. Our attorneys counsel clients regarding the retention and monitoring of all such records, including electronic messages. In addition, the firm's attorneys are adept at negotiating and drafting all types of employment agreements, in particular contracts to protect trade secrets and proprietary information, and to limit employees from competing after the end of the employment relationship.

Employment Litigation

It is almost always in the employers' best interests strive to avoid costly litigation with present, former, or even prospective employees. Unfortunately, litigation is sometimes unavoidable. Our Labor & Employment lawyers regularly appear in state and federal courts around the country to defend employers against claims of discrimination, wrongful discharge, wage-hour violations and other employment-related claims. We are well positioned to handle a broad range of matters, from conventional individual cases to "bet-the-company" non-compete and trade secret cases.

Our Labor & Employment lawyers have regular and substantial trial experience, which provides us with the right tools for effective, efficient and successful case handling. We work with clients to resolve disputes in a manner that's in line with their business interests — whether it is through an alternative dispute resolution or through trial. In addition, our motions practice is often successful in having all or part of cases dismissed, all with our clients' best interests in mind.

Our lawyers have handled hundreds of individual litigation matters for both major companies and smaller enterprises, both private and public. We are equally familiar with lengthy and complex multi-plaintiff or class action employment litigation, and have a successful track record of taking employment class actions to trial — and winning.

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Employment Law