Cozen O’Connor: Labor & Employment

Joint Employer Ping Pong

In the latest episode of Employment Law Now, Michael Schmidt discusses the NLRB's proposed new September 2022 joint employer test in the context of the historical shifting political winds and what it may mean for employers.

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Labor and employment is a constantly changing practice area governed by a profusion of interrelated federal, state, and local laws and regulations. Now more than ever, given the legal implications employers face in the shadow of COVID-19, counsel on the cutting edge is essential. Cozen O’Connor has a dedicated team of labor and employment lawyers who focus on keeping clients informed and protected.

Our full-service labor and employment department represents a broad range of entities: exchange-listed companies, private enterprises, nonprofits, governments and trade associations. We handle high-stakes employment litigation, including individual and class claims of discrimination, harassment, wage and hour violations, defamation, non-compete violations, and wrongful discharge. We appear regularly before federal and state courts, agencies and departments (such as the EEOC, NLRB, DOL, IRS, OSHA, and ICE), and arbitrators. We also handle traditional labor law matters, helping employers foster positive workplace relations, negotiate collective bargaining agreements, and handle labor arbitrations and unfair labor practice proceedings.

When a specific labor or employment issue arises, clients immediately face the competing goals of vigorously refuting accusations or adverse precedents, and restoring a sense of calm and unity of purpose to the workplace. Striking this balance is particularly critical during a crisis such as the coronavirus pandemic. We frequently meet with clients to educate them on the challenging issues posed by the virus. For example, to avoid the issues raised by the pandemic, we conducted weekly webinars on a wide range of COVID-19 issues and prepared a COVID-19 tool kit to assist our clients. Cozen O’Connor attorneys guide clients through these and other complex situations and enable them to take decisive action without compromising operational effectiveness. We are keenly aware that the legal response must operate in harmony with the business goals.

One of our greatest assets in this endeavor is the depth of our trial and courtroom experience. We have dozens of lead attorneys who routinely appear in court, agency and arbitration proceedings, giving us tremendous insight into how a case is likely to play out in a litigation setting. That hard-earned knowledge serves our clients well as we partner with them to decide upon a strategic approach.

SERVICES

Employment Litigation

Investigate employee claims or government inquiries
Defend clients against individual or class (collective) action lawsuits
Represent employers in suits alleging discrimination and harassment on the basis of age, race, religion, national origin, gender, sexual orientation, disability, and other areas protected under federal, state and local law
Represent employers in cases involving defamation, invasion of privacy, trade secrets and noncompetition agreements, duty-of-loyalty claims, equal-pay disputes, employment benefits disputes, pension and benefit plan fiduciary liability, wage-and-hour claims, whistle-blowers, and wrongful-discharge claims
Advocate for clients in trade secrets and restrictive covenant cases

Employer Advising, Training and Investigations

Assist in the resolution of individual workplace problems
Create effective employee benefits and executive compensation programs
Advise in-house counsel, human resources professionals, and executives in the development of sound personnel policies that limit liability and enhance productivity
Train staff to ensure fair and consistent enforcement of personnel policies
Perform workplace audits and internal investigations
Review and draft employment policies and manuals, as well as employment and termination/severance agreements

Labor Relations & Disputes

Help managers build cooperative relationships with their workforce, unionized or not
Advise clients on NLRB regulations and represent employers in inquiries and hearings
Evaluate and implement alternative labor-management relationships
Negotiate collective bargaining agreements and handle arbitration proceedings
Respond to strike threats, work stoppages and mass picketing
Defend employers against charges of unfair labor practices, including those alleging unlawful termination, failure to bargain in good faith, and interference with employee rights

CLIENTS

Our clients operate in diverse industries, including:

Chemical
Education
Energy and utilities
Financial services
Government
Health care
Hospitality
Retail
Technology
Transportation and logistics

TEAM

Our attorneys have been commended by independent legal observers for their “outstanding client service” and identified as some of the “most prominent employment defense attorneys” in the country. The team includes fellows of the College of Labor and Employment Lawyers and fellows of the American College of Trial Lawyers. Members of our team are regularly recognized by leading publications such as Chambers USA, Best Lawyers, Super Lawyers, and others. Most recently, two senior members of the department were recognized among "The Nation's Top 100 Most Powerful Employment Attorneys" by Human Resource Executive magazine.

As many large law firms trim their labor and employment practices and once-small boutiques expand into national litigation factories, Cozen O’Connor is steadfast in its conviction that the most sophisticated labor and employment matters are best served by practitioners operating within a full-service firm. Our labor and employment attorneys work closely with their colleagues in corporate, tax, M&A, real estate, and antitrust law to see all sides of an issue and provide comprehensive analyses. In addition, Cozen O’Connor attorneys do not churn out canned solutions to generic problems. Our clients demand tailored, timely advice that is informed by a genuine understanding of their business – and that’s what we provide.

Labor & Employment

Labor & Employment

Experience

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