Employment Litigation & Counseling

Overview

Although employees are a business’s most valuable asset, they also present the greatest challenges for employers.

Because businesses are subject to a complex array of regulatory restrictions and heightened government scrutiny, they must comply with federal and state labor and employment laws, assuring workplace safety and a harassment-free environment. Employers must properly classify employees, address social media use, establish and enforce workplace policies, manage employee relations, compensation and disabilities issues, and proactively avoid risk all while maintaining profitability.

Faced with all of these challenges, business leaders turn to Segal McCambridge for day-to-day employee management advice, regulatory guidance and dispute resolution services.

What We Do

Segal McCambridge employment lawyers provide comprehensive services to U.S. companies and overseas companies with U.S. operations, advising on and litigating a wide variety of employment and labor-related matters, including:

• Collective bargaining agreements
• Data protection and employee privacy
• Disability, health management and leave issues
• Discrimination, harassment and hostile work environment claims
• Employee classification
• Employee compensation and benefits
• Employee training
• Employment and labor litigation
• Employment handbooks, practices and procedures
• Hiring, firing and severance arrangements
• Immigration concerns
• Labor relations
• Noncompete agreements, unfair competition and trade secret protection
• Religious and disability accommodations
• Social media issues
• Wage, hour and overtime issues
• Whistleblowing and retaliation
• Wrongful termination
• Workers’ Compensation claims

We are well versed in the complicated web of employment regulations, regularly advising on and assuring compliance with the many laws and regulations impacting businesses, including:

• Age Discrimination in Employment Act (ADEA)
• Americans with Disabilities Act (ADA/ADAAA)
• Employee Free Choice Act
• The Equal Pay Act of 1963
• Fair Labor Standards Act (FLSA)
• Family and Medical Leave Act (FMLA)
• HIPAA and HITECH Acts
• Immigration Reform and Control Act of 1986 (IRCA)
• Occupational Safety and Health Act (OSHA)
• Office of Federal Contract Compliance Program (OFCCP) and affirmative action compliance
• State and Federal Civil Rights Acts, including Title VII and Section 1983

Our lawyers frequently represent clients before regulatory bodies, including the U.S. Department of Labor, the EEOC, the NLRB, U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security and OSHA. We conduct internal audits and represent clients in government investigations and enforcement actions.

Who We Serve

• Corporations
• Employers
• Small businesses

How We Do It

Segal McCambridge employment attorneys help clients devise, implement and enforce policies, procedures and best practices to assure regulatory compliance, minimize liability exposure and promote employee satisfaction.

We are particularly adept at advising highly regulated businesses such as those in the transportation, healthcare, pharmaceutical and medical device industries. As a value-add, we offer our clients’ managers and employees training programs on a variety of employment law issues impacting their operations as well as advice on emerging trends and risk mitigation.

We work proactively with clients to reduce the likelihood of litigation whenever possible. At the same time, Segal McCambridge is well prepared to litigate when going to court is in our clients’ best interests.

Employment Litigation Focus Areas

Discrimination, Harassment and Hostile Workplace Claims

Discrimination, harassment and retaliation claims against an employer are among the fastest-growing areas of litigation throughout the country. Impacting businesses of all sizes, these claims can be costly, disruptive to business and damaging to a company’s reputation.

Often very personal and volatile, harassment, discrimination and retaliation claims require a heightened level of sensitivity. They also require the ability to navigate regulatory complexities, legal hurdles and transactional matters. From small business owners to large corporations, Segal McCambridge employment lawyers have met the needs of clients on all of these fronts and throughout all phases of litigation.

Social Media & Privacy

We regularly assist clients with identifying and managing the risks of employee social media use and advise on the establishment of social media guidelines and policies. Our skilled litigators handle all types of claims that may arise, including defamation, intellectual property infringement, and breach of confidentiality and privacy protections.

We also provide client training to create an awareness of how social media behaviors impact litigation and assist in developing protocols for social media investigations, including strategies for investigating litigants and witnesses, securing discovery, handling documentation and retaining records in anticipation of litigation.