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.
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.
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.
Video: Susie Ingold – Employment Law & 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.
Restrictive Covenants and Agreements Not to Solicit or Compete
Restrictive covenants, such as non-competition and non-solicitation agreements, are commonly used in the labor and employment context as a way to protect an employer's confidential information, customer relationships, and other legitimate business interests. These agreements typically prohibit employees from competing with their former employer or soliciting its customers or employees for a certain period of time after the employment relationship ends.
At Burch & Cracchiolo, our Labor & Employment attorneys have experience in advising and representing employers and employees in matters related to restrictive covenants and agreements not to solicit or compete. We understand the nuances of these agreements and can help employers draft and enforce agreements that are legally compliant and tailored to their specific needs. We also can help employees understand and navigate the terms of these agreements, and advise them on their rights and obligations.
Workplace practices refer to the policies, procedures, and guidelines that govern how employees are treated within an organization. These can include issues such as discrimination, harassment, retaliation, overtime pay, leave laws, and more. Our attorneys are well-versed in the laws and regulations that govern workplace practices, including federal and state employment laws, and can help employers understand their obligations and create policies that are compliant with the law. We also can help employees understand their rights and advocate for them when they have been treated unfairly.