Labor and Employment

Bressler represents management in all aspects of labor and employment law and litigation. Whether the issue involves employment litigation, arbitration, a labor dispute, strategic planning for mergers, acquisitions, reductions in force, or day-to-day advice, our goal is to help employers understand and achieve their objectives. Our attorneys are experienced, knowledgeable, and devoted to their clients’ right to manage their businesses.

Employment Litigation
Bressler represents its clients before state and federal courts and various civil rights agencies and arbitral forums, including the American Arbitration Association, the Federal Mediation and Conciliation Service and FINRA, throughout the United States. The cases we try run the gamut: employment discrimination; retaliation and whistleblower actions; harassment; disability discrimination; class and collective actions; USERRA; ERISA; Taft-Hartley; unfair competition; wrongful termination; employment agreements; wage and overtime actions; and labor injunctions.

Trade Secrets and Unfair Competition
We work hard to make sure that our clients’ ability to fairly compete is protected. We draft covenants not to compete, non-solicitation, non-disclosure, non-recruitment, and confidentiality agreements. We help our clients with strategies to protect them from employees who might misappropriate proprietary information, and will aggressively litigate cases to protect our clients’ rights when necessary.

Strategic Advice and Counseling
We advise on matters relating to discharge and discipline; equal opportunity issues, including federal and state anti-discrimination laws; ERISA; federal and state wage and hour laws; drafting employment agreements; grievance handling and resolution; National Labor Relations Act and National Labor Relations Board procedure; the Immigration and Reform Control Act and WARN; employee benefits; single and multi-employer pension and health and welfare plans; and strategic planning for reductions-in-force; and personnel policies and procedures.

Wage and Hour Law
Our attorneys know and understand the many complicated wage & hour law issues facing employers. We conduct compliance audits, assist employers in classifying employees and advise employers on their recordkeeping requirements under the various wage and hour laws. We also represent our clients in investigations and enforcement actions conducted by federal and state wage and hour divisions, and defend them in wage and hour lawsuits in court, including class and collective actions.

Executive Compensation & Employee Benefits
We advise and represent clients on all matters of employee benefits and executive compensation and in the areas of corporate governance and fiduciary responsibility. Our attorneys regularly advise clients with respect to plan administration, fiduciary responsibilities, investment fund matters, tax-qualification issues, reporting and disclosure requirements, participation, funding and benefit accrual issues, and all related matters raised during mergers, acquisitions, terminations and divestitures. We also review, negotiate and draft executive and deferred compensation arrangements, including stock-based plans, employment agreements, severance programs, independent contractor and consulting agreements, non-stock related incentive arrangements, SARs, option plans and supplemental retirement and savings plans.

Traditional Labor Law
Our attorneys help non-union clients to remain union free, and union clients to run their businesses with as little interference as possible. We advise employers that are facing union organizing drives, and represent unionized clients in collective bargaining, arbitration, strikes and lockouts, and unfair labor practice cases. We are skilled and experienced in getting strike related injunctions and in fending off 10(j) injunctions sought by the NLRB.

Bressler provides a full range of business immigration services, transferred executives, specialized knowledge professionals, and investors. The firm represents clients before the Department of Homeland Security, including U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, and Immigration and Customs Enforcement (ICE), as well as the U.S. Department of Labor and the U.S. Department of State. We also advise employers about the antidiscrimination, record-keeping, and employer sanction provisions of the Immigration Reform and Control Act of 1986 (IRCA), and defend employers against complaints for alleged IRCA violations.