Practices

Employment and Labor Law

EMPLOYMENT AND LABOR LAW

It is increasingly difficult for employers to avoid costly and damaging accusations of wrongdoing by employees. Litchfield Cavo attorneys are determined advocates, whether they are actively defending employers or proactively partnering with them to minimize risk by developing sensible, manageable and legally compliant policies and procedures.

Our attorneys regularly represent clients in claims before administrative boards and regulatory agencies, such as the US Equal Employment Opportunity Commission (EEOC), US Department of Labor, and state and local human relations authorities. Our attorneys also defend claims in state and federal courts across the United States on behalf of government entities and businesses of all sizes.

Litchfield Cavo attorneys believe in a proactive approach to litigation and often resolve employment law disputes early through mediation, arbitration and other forms of alternative dispute resolution.

An Ounce of Prevention

To protect clients from future employee complaints, our attorneys evaluate personnel manuals, employment practices and employment contracts, provide a thorough risk analysis of potential issues and oversee compliance with state and federal laws. Our attorneys also offer comprehensive advice to employers regarding best practices and conduct awareness training sessions to prevent future disputes.

Our Employment and Labor Record

Litchfield Cavo attorneys—individually and collectively—also have considerable success in the courtroom due to their substantive knowledge of employment law and trial procedure. Our labor and employment attorneys’ breadth of experience include the following areas

  • Litigation | Defense of claims alleging employment discrimination, sexual harassment, interference, and retaliation under Title VII, Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), Age Discrimination in Employment Act (ADEA), state fair employment laws, wrongful discharge, whistle blowing, retaliation claims, class action wage and hour litigation, EPLI (Employment Practices Liability Insurance) defense and appellate matters.
  • Employee Benefits | Employee benefit plans, Employee Retirement Income Security Act (ERISA), Affordable Care Act (ACA) compliance, and Health Insurance Portability and Accountability Act (HIPAA) policies and compliance.
  • Independent Contractors | Employee misclassification, drafting owner operators’ agreements, compliance with between federal and state laws, and government compliance audits.
  • Legal Advice and Counseling | Consulting and advising on general employment matters, employee handbooks, background checks, employment contracts, FMLA compliance, discipline and discharge, drafting and advising of restrictive covenants and confidentiality agreements, trade secrets, electronic communications and overall employment compliance matters.
  • Protecting Businesses Trade Secrets and Confidential Data | Restrictive covenant agreements, non-compete agreements, confidentiality and trade secrets, non-solicitation agreements, electronic data protection, computer crimes and biometric information privacy laws.
  • Safety and Health | Occupational Safety and Health Administration (OSHA) compliance and enforcement, drug and alcohol testing, employee medical exams and inquires, ADA and reasonable accommodations.
  • Unemployment Compensation | Independent contractor issues, unemployment hearings, unemployment appeals, compliance audits, benefit and eligibility issues, quarterly statement appeals, rate reductions and other unemployment matters.
  • Union Relations | Collective bargaining, union organizing campaigns and representation elections, contract negotiations, unfair labor practices under the NLRA, labor disputes, strikes, grievance/arbitration proceedings, union avoidance and right to work laws.
  • Wage and Hour | Fair Labor Standards Act and state wage laws class action litigation, minimum wage and overtime compensation, employee misclassification, exempt status, illegal deductions and prevailing wage matters.
  • Worker’s Compensation | Defense of worker’s compensation claims and claims for retaliation.