EMPLOYMENT: DESCRIPTION

Employers today are faced with an increasing array of statutes, regulations and court decisions. McKenna Long & Aldridge's Employment Law practice offers employers experienced representation in all areas of the employment relationship.  To guide them concerning their obligations, employers increasingly need access to informed, experienced and prompt counseling.  Whether counseling on matters or providing litigation services, our practice has been described by clients as full-service, dynamic and proactive.

Building Partnerships

Our approach to the practice of employment law is simple -- we build partnerships with our clients to resolve their employment law problems while achieving short- and long-range business objectives. We take the time to learn about our clients' business, business philosophy and business goals so that we can provide legal services that advance those goals and minimize the risk of future problems. We strive to provide practical solutions to workplace problems.

Building partnerships with our clients and learning about their business operations also lets us anticipate and prevent employment law problems. We also help clients decrease the likelihood of employment problems by offering training seminars in areas such as corrective discipline and wrongful termination.

The attorneys in the employment law practice all recognize and stress the importance of client service. We return phone calls promptly and are available whenever a client needs us. We keep clients involved and informed throughout each matter so that there are no surprises. We keep our clients advised about new legislation and employment law developments through periodic seminars, newsletters and electronic messages. In other words, we act as partners with the client.

Focus on Prevention

McKenna Long & Aldridge’s practice emphasizes prevention. We work with our clients extensively on preventive maintenance and compliance issues, so that they avoid as many employment-related pitfalls as possible, thereby minimizing claims, avoiding litigation and reducing legal costs.

Our attorneys regularly provide advice, counseling and training with respect to all aspects of employment law, including:

• Employee handbooks and personnel policies, including preparation, revision or review of handbooks and policies
• The enforceability of non-competition and non-solicitation covenants under state law
• Compliance with federal and state wage and hour laws
• Compliance with workplace safety laws and regulations
• Management training, including training on harassment prevention, hostile workplace issues, handling EEO cases, dealing with problem employees and conducting performance reviews
• Employment agreements, executive compensation, stock options, severance agreements and reductions in force
• Providing internal dispute resolution mechanisms so that many employee disputes can be resolved before they result in a formal claim or lawsuit.

Employment and Discrimination Law Litigation

McKenna Long & Aldridge represents employers in both state and federal court and before administrative agencies in all the various types of claims that may be brought against employers. These include:

• Employment-related class action lawsuits
• Employment contract disputes
• ERISA claims
• Race, disability, sex, sexual orientation, age and all other types of discrimination claims
• Sexual and other types of harassment claims
• Wage claims, including minimum wage and overtime pay collective actions
• Whistleblower and other retaliation claims
• Wrongful termination, demotion and discipline claims

Trade Secret and Unfair Competition Advice and Litigation

Trade secrets and confidential information are among an employer's most valuable assets. We assist employers in drafting and implementing policies to help safeguard this information and prevent current and former employees from using and disclosing this information. We also represent employers in litigation to protect their confidential information.

Some of the issues in this area about which we have counseled and litigated on behalf of employers include:

• Noncompetition and confidentiality agreements
• Misappropriation of trade secrets and confidential information
• Protections against raiding of key employees
• Unfair competition claims

Regulatory and Administrative

Our attorneys are experienced in handling investigations and claims brought by or through the EEOC, the OFCCP, the U.S. Department of Labor, OSHA and other federal and state agencies. Our philosophy in handling these matters is straightforward: aggressively represent our clients while maintaining a strong sense of reasonableness with the regulators.

Workplace Training Programs

We offer a number of fixed-fee training programs for executives, managers and employees. These programs are designed to help employers prevent workplace problems from arising and to reduce the risk of employment litigation. We can tailor our programs or develop new programs to meet our clients' special needs and interests.

Some of our current workplace training programs include:

• Investigations
• Leaves of Absence
• Sexual Harassment
• Wage and Hour
• Workplace Violence
• Wrongful Termination

Wage and Hour Compliance

After years of relative quiet, wage and hour law has seen rapid growth and activity. More class and collective actions are being filed and state and federal agencies are becoming increasingly aggressive.

We help employers reduce their risk in this area by reviewing specific problem areas with them and representing them in administrative hearings and civil litigation. Some of the wage and hour issues in which we have counseled and defended employers include:

• Employee and independent contractor status
• Exempt and non-exempt status
• Temporary and leased employees

Immigration Law

Immigration law is becoming increasingly critical to our clients, particularly our technology clients. We counsel clients with respect to avoiding sanctions for employing unauthorized aliens and avoiding charges of discrimination because of citizenship status. We also represent clients before the Bureau of Citizenship and Immigration Services (BCIS) and assist employers and employees in obtaining appropriate immigrant or nonimmigrant visas.

Workplace Investigations

Courts and juries have made it clear that a prompt and thorough investigation can be a critical defense in employment litigation. We offer discreet and professional workplace investigation services, helping clients determine what actually happened in a particular sexual harassment allegation, dispute or unfair competition matter. We also counsel clients on when it may be more appropriate to bring in an outside investigator, other than our law firm, to conduct a particular investigation.

Arbitration and Mediation

Recognizing that litigation is not always the most cost-effective means of resolving employment disputes, our attorneys are well versed in alternative means of dispute resolution, including arbitration and mediation. Our attorneys regularly handle employment-related arbitrations before the American Arbitration Association and other arbitration forums, and several of our attorneys serve as AAA arbitrators for employment disputes. In addition, many of our attorneys have been trained as mediators. Our collective experience provides us with the unique ability to view cases through the eyes of the arbitrator or mediator, allowing our clients to receive a more objective evaluation in advance of the outcome. It also gives us the breadth of experience to provide solid advice to our clients on when mediation may be appropriate for the resolution of a particular dispute.

Employment Services Offered:

• Creation and implementation of training programs
• Discrimination and harassment
• Immigration law
• Regulatory and administrative proceedings and investigations
• Trade secrets
• Wage and hour compliance
• Workplace investigations
• Alternative dispute resolution, including arbitration and mediation
• Drug and alcohol abuse
• Employee contracts, including restrictive covenants and arbitration agreements
• Employee discipline, termination and management
• Employee policies and handbooks
• Employee "raiding" disputes
• Employment agreements and issues in corporate transactions
• Employment counseling and guidance
• ERISA disputes
• Layoffs, reorganizations, acquisitions, mergers and global expansion
• Privacy issues
• Workplace safety and violence
• Wrongful discharge