Labor, Employment & Employee Benefits

The rapidly developing area of labor and employment law presents a daunting array of challenges for employers and senior management of public and private companies. We help our clients achieve their goals by counseling them on how to manage risk and ensure compliance with all applicable laws and regulations.  The Group takes a holistic approach to counseling clients by working closely with practitioners from the firm’s other core practice groups, including Tax, Banking & Finance, Corporate/M&A, Healthcare, Global Outsourcing and Procurement, Litigation, Business Reorganization/Bankruptcy and Privacy/Cybersecurity.

Moses & Singer's Labor and Employment Law attorneys have significant experience performing and advising clients in conducting investigations, addressing and litigating harassment and discrimination suits, and counseling companies in all areas of employment law. We help clients put in place measures to prevent issues relating to sexual harassment and discrimination from escalating and give our clients the tools they need to effectively manage such complaints when they arise.

Moses & Singer has a national practice and reputation in employee mobility and trade secret matters, representing both plaintiffs and defendants in restrictive covenant, trade secret and duty of loyalty matters, in actions throughout the United States, including multi-jurisdictional representation and coordination in raiding and other large scale cases.

Related Industry Experience

Navigating the Maze of Labor and Employment Regulations

Moses & Singer’s Labor, Employment & Employee Benefits Group advises and advocates on all aspects of federal, state and local labor and employment laws, including, at the federal level:

• National Labor Relations Act (NLRA)
• Fair Labor Standards Act (FLSA)
• Title VII of the Civil Rights Act
• Age Discrimination in Employment (ADEA)
• Americans with Disabilities Act (ADA)
• Employee Retirement Income Security Act (ERISA)
• Labor Management Reporting and Disclosure Act (LMRDA)
• Group Health Continuation Coverage (COBRA)
• Health Insurance Portability and Accountability Act (HIPAA)

Planning, Managing and Resolving Employment Issues

The services offered by the Labor, Employment and Employee Benefits Group cover:

Planning & Structuring Employment & Compensation Agreements

• Advising executives and independent contractors on the drafting and negotiating of executive employment agreements, compensation arrangements, independent contractor agreements, nonqualified deferred compensation, noncompetition, nonsolicitation and confidentiality agreements and severance arrangements;
• Designing, drafting and implementing qualified retirement plans, nonqualified plans and employee health and welfare plans and programs (ERISA and non-ERISA);
• Designing incentive-based and stock-based compensation programs;
• Advising compensation committees on executive pay and corporate governance, including Section 409A issues;
• Advising on the federal, state, local and international tax aspects of employee compensation and benefits;
• Advising multinational companies on cross-border employment and employee benefits issues

Ongoing HR Management & Policies

• Advising employers on hiring, managing and discharging employees; performance evaluations, job descriptions, compliance with federal, state, and local anti-discrimination laws and workers’ compensation statutes;
• Preparing and maintaining personnel manuals and employer policy statements;
• Assisting clients with the design, implementation and defense of policies, including policies on mandatory arbitration of employment claims, document retention and confidentiality, e-mail and internet use, and protection of proprietary information and company work product;
• Advising on the proper classification of employees, including exempt, non-exempt and independent contractors

Resolution of Employment-Based Disputes

• Litigation, arbitration and mediation before state and federal courts, arbitration panels, agencies and before administrative tribunals (both state and local levels as well as their international equivalents) including:
  • American Arbitration Association (AAA)
  • Judicial Arbitration and Mediation Service (JAMS)
  • Equal Employment Opportunity Commission (EEOC)
  • Internal Revenue Service (IRS)
  • U.S. Department of Labor (DOL)
  • National Labor Relations Board (NLRB)
  • Pension Benefit Guaranty Corporation (PBGC)

• Representing clients in enforcing and defending litigation involving noncompetition, nondisclosure and employment agreements; designing intellectual property and trade secret protection plans;
• Representing management in federal and state court, arbitration panels and before government agencies regarding claims alleging wrongful discharge on the basis of race, gender, age, disability, harassment, hostile work environment and retaliation claims;
• Counseling clients on federal and state wage and hour laws, including the FLSA and the Wage Theft Prevention Act, and representing clients in federal and state Department of Labor investigations/audits regarding alleged violations of these and other employment laws;
• Advising on plan funding and conduct plan terminations under Title IV of ERISA;
• Obtaining ruling exemption and opinion letters from the IRS, DOL and PBGC;
• Advising fiduciaries on compliance issues and representing them in contested benefits claims

Management of Labor & Union Relationships

• Representing employers in collective bargaining negotiations and administration;
• Performing due diligence and negotiating labor, employment and employee benefits aspects of major corporate transactions, such as M&A;
• Within an M&A transaction, redesigning and harmonizing of labor relations and compensation strategies and employee benefit plans to align treatment of employees of the acquired entity with those of the buyer

Special Situations

• Conducting internal investigations, including allegations of discrimination and leaks of confidential information;
• Guiding employers through plant closings, reductions-in-force, and Workers Adjustment and Retraining Notification (WARN) Act compliance issues

For more information please contact us.

Prior results do not guarantee a similar outcome.

Partner

• Shari A. Alexander
• James Alterbaum
• Solomon P. Friedman
• Kimberly Klein
• David Rabinowitz
• Abraham Y. Skoff
• Philippe A. Zimmerman
• Abraham Y. Skoff

Of Counsel

• John Vincent Baranello
• Valeria Castanaro Gallotta
• Steven J. Glaser
• Robert D. Lillienstein
• Hirohisa Naito

Associate

• Daniel A. Hoffman
• Rebecca Zittell

• M&S Attorneys Obtain Dismissal of Sexual Orientation Claim
• M&S Attorneys Defeat Motion To Dismiss Client's Wage-Related Claims
• Moses & Singer Names Five New Firm Partners
• Moses & Singer Represents Key Management in $30 Million Sale of LI Company
• Moses & Singer Advises Family Offices on Wealth Management and Risk Avoidance

• Shari Alexander and Robert Lillienstein To Speak on Recent Updates to New York Employment Law
• New York State Bar Association Elder Law and Special Needs Section Summer Meeting
• Restrictive Covenants and Non-Compete Agreements: Trends, Updates and Developments Explored
• The 19th HR Seminar
• Understanding the Impact of Health Care Reform on Employers

• Web Site Story 6-Breakaway Employees Beware
• More Changes to the Employment Landscape NY Employers Need to Know
• New York Legislature Passes Bill That Would Allow Liens Against Employers For Unpaid Wage Claims
• NYS Makes It Easier for Employees to Bring Harassment Claims
• More Employment Law Changes NY Employers Need to Know
• New Proposed DOL Rule Would Make More Employees Eligible for Overtime
• More Workers Likely to be Considered Independent Contractors and Not Employees, Under NLRB’s New Ruling
• Calendar of NYS and NYC Sexual Harassment Dates
• Employers May Require Class Action Waivers in Arbitration Agreements
• NYS and NYC have Passed New Anti-Sexual Harassment Laws Requiring Employers to Make Significant Changes to their Policies and to Implement Training
• Does Your Company Have a Plan In Place If An Employee Complains of Sexual Harassment?
• New York Employers Must Start Providing Paid Family Leave in 2018
• Implementation of New Overtime Rules Delayed
• Recent Employment Laws That New York State and City Employers Need to Know
• Newly-Issued Guidance Helps Define Employers' Obligations to Pregnant Employees in New York City
• Second Circuit Breathes Life Into Unpaid Internships, Applying Primary Beneficiary Test
• DOL: A Worker That Is Economically Dependent On an Employer Is an Employee, Not a Contractor
• NYC Employers May Not Ask Applicants About Criminal History on Applications
• NLRB's Attacks on Employee Handbooks Defy Logic
• NYC Employers Restricted In Running Credit Checks on Applicants
• Indefinite Leave May Be a Reasonable Accommodation for NYC Employers
• Tools of the Trade: Keeping Your Wealth Intact for Multiple Generations
• NYC Employers Required to Reasonably Accommodate Pregnant Employees
• Employers Have More Flexibility to Make Deductions from Employee Paychecks
• NY Federal Courts Uphold Class Action Waivers
• Courts Continue to Reject the NLRB's Notice Posting Rule
• Work Made For Hire Agreement Cannot Be Retroactive
• Recent Federal Court Filings May Require Changes to Employee Contracts and Manuals
• Despite Fee-Splitting Agreements, Employers May Still Have to Pay Arbitration Costs in New York
• Latest Issues in the labor/employment law
• Employers: Misclassification of Interns and Other Employees Can Be Costly
• Employers Do Not Have To Display NLRB Posting By April 30
• Why Written Employment Agreements are Important - to Employers
• NLRB Takes Aggressive Action on Social Media Use by Non-Union Workforce
• Private Employers Required to Inform Employees of Their Right to Unionize
• New York Court Adopts Strict Federal E-Discovery Standard
• NLRB: Employees Cannot Waive Right to Class Actions
• NY Employers: Are You Ready for February 1 Deadline?
• NLRB Postpones Employer Posting Requirement at Judge's Request
• Penalties Under the Wage Theft Prevention Act Applied Retroactively
• NLRB Extends Controversial Posting Deadline
• Employee Release of Claims Held Not to Include Discrimination Claim
• Private Employers Now Required to Inform Employees of Their Right to Unionize or Face Possible Unfair Labor Charge
• EEOC to Employers: Don't Focus On Whether An Employee Is Disabled
• Severe Penalties Related to NY's New Wage Law
• An IRS Trap for the Unwary: Severance Pay and Releases
• Tax Incentives for Businesses
• EEOC v. Kelley Drye & Warren LLP: The Sequel
• EEOC Attacks Law Firm Retirement Again
• Keeping Your Assets From Walking Out the Door: Key Checklists
• Employment Law Update
• Inevitable Disclosure Doctrine: Hardly Inevitable in New York
• New Hire Requirements Effective October 26, 2009
• Employee Arbitrations May Be Costly To Employers
• New Laws Govern Hiring/Retention of People with Criminal Convictions
• The DOL Makes Available COBRA Model Notices for Employers
• Employers Must Pay a Portion Of COBRA Premiums for Eligible Employees
• Amended Disability Law Makes Employers More Vulnerable to Disablity Claims
• NY Passes Law for Employers Reducing Their Workforce
• Employers Must File Revised EEO-1 Report In September
• Discrimination Against Working Parents Or Caregivers Has Become An EEOC Focus
• New DOL Report Recognizes Employers Frustrations with FMLA, But the Agency Has No Plans to Propose Changes
• Circuit Courts and Agency Split on Enforceability of FMLA Claim Releases
• U.S. E.E.O.C. v. Alamo Rent-A-Car LLC (No. CIV 02-01908-PHX-ROS)
• U.S. E.E.O.C. v. Wal-Mart Stores, Inc. (8.05-CV-00313)
• U.S. E.E.O.C. v. Wal-Mart Stores, Inc. (8.05-CV-01862)
• U.S. E.E.O.C. v. National Education Association (Civil Action No. A01-0225-CV)
• Employment Matters
• Employers Must Dot Their "i"s And Cross Their "t"s When Performing Background Checks
• Misclassifying An Employee Under the FLSA Can Be Costly For Employers
• Second Circuit Remands For Trial Hostile Environment Claim
• Saatchi v. Burns: How to Prevent, and Respond to, A Mass Departure of Key Executives