EMPLOYMENT AND LABOR LAW

Corporate governance begins and ends with leadership, but its strength depends on structure.

In conjunction with our professional liability practice, Litchfield Cavo’s employment and labor attorneys deliver coverage-aware strategies to manage risk with confidence. Our attorneys are ranked among Best Lawyers^® for Litigation | Labor & Employment due to our attorneys’ experience litigating claims across the United States. With more than 250 attorneys across 23 offices representing clients in over 35 states, we provide the national reach and focused defense counsel companies rely on to protect their leaders and their organizations.

Our Employment and Labor Record

• Preventive Counseling and Training | HR policies, workplace investigations, supervisor and investigator training; preventive anti-harassment, anti-retaliation and supervisory compliance training.
• Legal Advice and Counseling | Consulting and advising on general employment matters including employee handbooks, background checks, contracts, Family Medical Leave Act (FMLA) compliance, discipline and discharge, restrictive covenants, confidentiality agreements, trade secrets, electronic communications and overall compliance.
• Risk Assessment and Policy Review | Employment Practices Liability Insurance (EPLI) policy review including analysis of coverage triggers, exclusions and advance notice procedures.
• Early Claim Strategies | Demand letter negotiations, pre-notification resolution, incident response and investigative interviewing.
• Coverage Counsel | Nationwide representation analyzing coverage under primary and excess EPL policies for officers, directors and business entities.
• Litigation | Defense against claims of discrimination, harassment, retaliation, Title VII, interference and wrongful termination, Americans with Disabilities Act (ADA), FMLA, Age Discrimination in Employment Act (ADEA), state fair employment laws and whistleblower statutes.
• Wage and Hour | Class action defense in wage and hour litigation under Fair Labor Standards Act (FLSA) and state laws, including misclassification, overtime, exempt status, illegal deductions and prevailing wage.
• Safety and Health | Occupational Safety and Health Administration (OSHA) compliance and enforcement, drug and alcohol testing, employee medical exams and inquiries, ADA and reasonable accommodations.
• Trade Secrets and Confidential Data Protection | Restrictive covenant agreements, non-compete and non-solicitation agreements, confidentiality and trade secret protections, electronic data protection, computer crimes, and biometric information privacy law compliances.
• Independent Contractors | Employee misclassification assessments, owner-operator agreements, state and federal law compliance, and government compliance audits.
• Unemployment Compensation | Eligibility, hearings and appeals, audits, benefits and eligibility disputes, rate reduction.
• Union Relations | Collective bargaining, organizing campaigns, representation elections, contract negotiations, unfair labor practice defense, grievance/arbitration proceedings and strike response, right to work laws and National Labor Relations Act (NLRA).
• Worker’s Compensation | Defense including retaliation claims.
• Employee Benefits | Policies and compliance: Employee Retirement Income Security Act (ERISA), Affordable Care Act (ACA), and Health Insurance Portability and Accountability Act (HIPAA) policies and compliance.
• Cost Control | Use of global billing guidelines, staffing parity.
• Verdicts and Case Resolutions | Verdicts and resolutions including dismissals, dispositive motion wins, favorable jury verdicts, and arbitration results.