LABOR & EMPLOYMENT SERVICES
The complex body of employment laws is constantly changing, increasing the potential for conflict between employers and employees. We seek not only to protect our clients' interests, but also to assist them in fostering a positive work and business environment.
Our Services
TKD’s Labor and Employment Practice Group counsels and represents clients in all aspects of the employment relationship from pre-hiring to post-termination. We also handle employment-related litigation and represent management in their relationships with organized labor.
Risk-Management Approach
We understand that to thrive, every business needs to establish a productive work environment. We use a risk-management approach that emphasizes preventive measures to protect our clients and simplify the complex maze of federal, state and local laws. Our practice includes preventive counseling, and we frequently conduct seminars to equip management and supervisors to address challenging issues. The result is a more harmonious work environment for all employees, as well as risk avoidance and cost savings for our clients.
Formalizing the Employment Process
Our attorneys advise clients on the process of initiating, maintaining and ending the employment relationship. We assist clients in creating clear workplace standards, while ensuring compliance with federal, state and local laws. We offer strategic counseling on day-to-day issues that arise in the workplace, as well as advice with regard to:
- Conducting lawful interviews and screening programs.
- Establishing and implementing company policies and employee handbooks.
- Drafting employment agreements and non-compete/confidentiality agreements.
- Presenting training seminars to managers and supervisors.
- Working with human resources and management personnel to develop strategies to minimize litigation risks.
- Conducting internal investigations.
- Implementing downsizing, discharge and disciplinary decisions.
- Drafting severance agreements.
Our practice group is fully knowledgeable about issues involving workplace harassment and discrimination laws, employee leave rights, and wage and hour laws. What’s more, we represent real estate managers and owners in connection with housing discrimination and public accommodation issues.
Resolving Disputes and Litigation
When litigation arises, we pursue cases proactively and cost-consciously. Our experienced litigators defend employment-related claims in federal and state courts, as well as before administrative agencies throughout the United States, including:
- Equal Employment Opportunity Commission.
- New York State Division of Human Rights.
- New Jersey Civil Rights Commission.
- New York City Commission on Human Rights.
- U.S. and New York State Departments of Labor.
- U.S. Department of Education Office of Civil Rights.
- National Association of Securities Dealers (NASD) Dispute Resolution.
- American Arbitration Association.
- Judicial Arbitration Mediation Services (JAMS).
In addition, we act as Employment Practices Liability Insurance (EPLI) approved counsel for a number of major insurance carriers, defending their insureds in employment law matters.
Labor Relations
Attorneys in our practice group also advise and represent management clients in their relationships with unionized labor. We counsel them on such matters as:
- Lawful conduct in connection with attempts at unionization.
- Negotiation of collective bargaining agreements.
- Ensuring proper employer conduct when decertification proceedings arise.
- ERISA matters relating to benefit fund contributions.
- Day-to-day union-related issues and grievances.
TKD represents clients in all types of proceedings before the National Labor Relations Board and New York State Employment Relations Board, as well as in both federal and state courts. We also provide counseling and representation in grievance arbitrations, breach of duty of fair representation claims, and strike, lockout and picketing situations.
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