EMPLOYMENT & LABOR LITIGATION: Advisory, Litigation & Transactional Services
The employment landscape has become increasingly complex due to evolving regulatory requirements, globalization, and the growing importance of workplace culture. Employers now face a multitude of challenges in navigating legal and compliance issues while balancing employee satisfaction and organizational goals. This article delves into the multifaceted services offered under Employment – Advisory, Litigation, and Transactional law, focusing on the depth and breadth of solutions available to organizations worldwide.
Employment & Labor Team Services
Comprehensive Legal Counsel
- Routine employment disputes to high-stakes litigation and transactional help.
- Expertise spans across the United States, the United Kingdom, France, Germany, and Asia.
- Over 50 employment and labor lawyers with global connections.
- Strong history of assisting businesses across various sectors and jurisdictions.
Areas of Focus
- Diversity and affirmative action.
- Employee competition and business protection.
- Cross-border employment issues.
- Daily work-related guidance.
- Arbitration and employment litigation.
- Data security and employee privacy.
- Drug testing, safety, and health.
- Labor laws and collective rights.
- M&A due diligence and transactional support.
- Manager and staff training.
- Wage and hour class actions and audits.
- Whistleblower cases.
- Workplace investigations.
Advisory, Compliance, and Regulatory Services
Routine Workplace Concerns
- Conduct and disciplinary issues.
- Medical leave and accommodations.
- Performance management and employee complaints.
- Company reorganizations and redundancy initiatives.
Training and Education
- Customized client training sessions on topics such as workplace harassment and union avoidance.
- Focus on sector-specific regulated employment issues, including FCA and PRA-related matters in the UK.
Collaborative Approach
- Work closely with Regulatory teams to align employment legislation with regulatory obligations.
Investigations and Crisis Management
Global Workplace Investigations
- Independent internal investigations.
- Assistance with litigation, regulatory bodies, and administrative agencies.
- Expertise in handling complex issues like:
- Harassment and discrimination claims.
- Workplace violence, safety concerns, and immigration enforcement.
- Whistleblowing and policy violations.
Specialized Services
- Handling misbehavior claims against top executives.
- Guidance on business crises and reducing risks of litigation and reputational harm.
- Industry expertise in sectors like education, aerospace, healthcare, and more.
Training and Policy Development
- Training HR professionals on investigations.
- Developing policies and tracking mechanisms for internal investigations.
Labor Relations
Union and Collective Bargaining
- Strategic planning for employers under collective bargaining agreements.
- Assistance with grievances, union discussions, and renegotiations.
- Advice on multiemployer plans and strike management.
Representation in Labor Relations
- Managing grievance arbitration cases and contract negotiations.
- Legal counsel for trials, hearings, and appeals in state and federal courts.
Training and Compliance
- Client training sessions on topics such as union avoidance, whistleblower retaliation, ADA, and FMLA compliance.
Employee Unfair Competition, Trade Secrets, and Noncompete Agreements
Tailored Approach
- Customized strategies for noncompete agreements and trade secret disputes.
- Expertise in covenants not to compete, confidentiality breaches, and computer misconduct.
Litigation and Advisory Services
- Handling TROs, preliminary injunctions, and expedited discovery.
- Advising on drafting and scope of noncompetition covenants.
Task Force on Inclusion and Diversity (I&D)
Legal and Strategic Support
- Navigating heightened legal and political scrutiny on I&D initiatives.
- Balancing corporate culture with legal compliance.
Areas of Focus
- Risk assessment and auditing of I&D programs.
- Implementing legally sound I&D initiatives.
- Reviewing business communications and public filings.
- Affirmative Action Plans and OFCCP compliance guidance.
- Crisis management and defense against I&D-related lawsuits.
Multidisciplinary Team
Ensures up-to-date knowledge of developments in I&D practices.
Collaboration across Employment & Labor, Securities & Corporate Governance, and Litigation practice groups.
Key Services and Processes
- Advisory Services
Advisory services address a range of employment issues, ensuring compliance with legal, regulatory, and governance standards. Core offerings include:
- Recruitment and Hiring: Drafting and negotiating employment contracts, managing agency and contractor arrangements, and facilitating secondments.
- Workplace Governance: Advising on flexible working arrangements, diversity and equality compliance, and boardroom issues.
- Employee Relations: Supporting grievance handling, whistleblowing cases, and disciplinary actions.
- Regulatory Compliance: Providing guidance on PRA/FCA remuneration codes, bonus caps, and other regulatory frameworks. Process:
- Conduct initial consultations to identify specific organizational needs.
- Develop tailored employment policies and governance frameworks.
- Provide ongoing compliance monitoring and updates on legislative changes.
- Litigation Services
Employment litigation encompasses contentious matters across various jurisdictions. Key focus areas include:
- Discrimination and Harassment Claims: Representing employers in cases involving race, gender, disability, and age discrimination.
- Whistleblowing and Retaliation Cases: Handling disputes involving whistleblower protections under Sarbanes-Oxley and equivalent laws.
- Class Actions and Wage Disputes: Litigating collective actions under the Fair Labor Standards Act (FLSA) and state wage laws.
- Restrictive Covenants: Defending or enforcing non-compete agreements and protecting trade secrets. Process:
- Perform case assessments and develop litigation strategies.
- Represent clients in court, arbitration, or mediation.
- Offer post-litigation analysis to minimize future risks.
- Transactional Services
Employment aspects of corporate transactions require careful navigation to avoid risks during mergers, acquisitions, and restructurings. Transactional services include:
- Due Diligence: Identifying employment liabilities during acquisitions, disposals, and outsourcing projects.
- Restructuring and Redundancies: Advising on workforce reduction strategies and legal compliance in redundancy processes.
- Integration Management: Harmonizing employment terms and managing transitions post-mergers.
- Cross-Border Projects: Coordinating multi-jurisdictional restructuring and relocation efforts. Process:
- Conduct pre-transaction due diligence.
- Develop integration or redundancy frameworks.
- Implement strategies in collaboration with legal, finance, and HR teams.
- Specialized Areas
- Workplace Investigations: Addressing regulatory and cultural reviews, often involving employee misconduct or whistleblowing claims.
- Immigration Services: Supporting business immigration needs and compliance across jurisdictions.
- Employee Incentives: Designing share and incentive plans tailored to specific corporate goals.
- Corporate Governance: Ensuring compliance with boardroom diversity and remuneration governance. Process:
- Conduct audits to identify compliance gaps.
- Develop tailored policies and plans to address specific needs.
- Offer ongoing advisory support to ensure long-term compliance and effectiveness.
Client Experience and Global Reach
Americas:
- United States: Litigation under Title VII, ADEA, ADA, and other federal and state laws, as well as ERISA fiduciary and benefits claims. TRW’s US team is adept at class action litigation and restrictive covenant enforcement.
Europe:
- United Kingdom: Providing comprehensive advisory and litigation services for recruitment, grievances, and data protection.
- France: Expertise in workforce restructuring and collective agreements.
- Germany: Specialized in works council negotiations and compliance.
Asia:
- Expertise in employment contracts, industrial disputes, and terminations, with tailored advice for government and private organizations.
Table: Summary of Employment Services
| Category | Services | Key Processes |
|---|---|---|
| Advisory | Recruitment, hiring, governance, whistleblowing, regulatory compliance | Initial consultation, policy development, compliance monitoring |
| Litigation | Discrimination claims, wage disputes, restrictive covenants, whistleblower retaliation | Case assessment, court representation, post-litigation risk analysis |
| Transactional | Due diligence, restructuring, redundancies, cross-border integration | Pre-transaction analysis, integration strategy development, multi-team implementation |
| Specialized Areas | Workplace investigations, immigration, employee incentives, corporate governance | Compliance audits, policy drafting, ongoing support |
This comprehensive approach ensures clients receive tailored, effective solutions to manage employment challenges across industries and geographies. Whether addressing advisory needs, navigating complex litigation, or facilitating seamless transitions during corporate transactions, global employment practices stand ready to deliver unparalleled support.