The Employment Law Section is led by Kevin Barreca (New Orleans) and David Israel (New Orleans).
Representing Employers Nationwide
On a nationwide basis, we provide legal guidance on workplace issues, draft and review employment policies and procedures, and represent businesses in labor and employment and wage and hour disputes. We regularly assist clients with internal investigations and appear in federal and state courts throughout the country representing the interests of employers. We have also appeared before nearly every federal and state employment regulatory agency, including:
- the Equal Employment Opportunity Commission
- the Department of Labor’s Wage and Hour Division and state wage and hour enforcement agencies
- the National Labor Relations Board
- the Occupational Safety and Health Administration (for workplace safety, violence, and whistleblower/SOX issues)
- Immigration and Customs Enforcement (for Form I-9 audits and related investigations)
- State attorneys general and state and local E.E.O. enforcement agencies
- Office of Federal Contract Compliance Programs (affirmative action review and enforcement)
We are your “one-stop shop” for labor and employment questions, problems, advice, litigation, and regulatory investigations!
Legal Advice and Compliance Calls
A critical part of our practice is providing preventive, proactive, practical, problem-solving legal advice. For our enterprise clients who are part of our Employment Compliance Partner Program, we hold reoccurring compliance calls and training seminars. Through our assistance, clients are prepared for trending issues and proposed new laws and can avoid unwanted and expensive regulatory investigations and litigation. Notably, the Firm has developed a special expertise representing call centers nationwide and knows the related laws and regulations affecting such employers and employees.
Litigation and Regulatory Investigation Staffing
We staff matters based on location, relationships, and expertise. If a matter is filed in a state where we have an office, the matter is assigned to a Firm attorney located in that office. If a matter is filed in a state where we do not have an office, the matter is assigned to a Firm attorney licensed in that jurisdiction or a Firm attorney with a “working relationship” with plaintiff’s counsel. Specialized attorney expertise also factors in our assignment decisions. While all of our employment law attorneys are familiar with the various labor and employment laws, an attorney with specialized knowledge may join the team to guide the client through complex issues and provide an added edge to the defense.
What We Provide
We can help you by providing:
- Day-to-day employment law advice and legal support regarding internal investigations and documentation of the outcome in a privileged and confidential manner.
- Drafting of severance agreements, termination documents, performance improvement plans, and countless other communications and policies in a legally compliant manner.
- Drafting and revising of employment handbooks, policies, and procedures so that clients can run their businesses knowing that various federal and state laws and regulations have been communicated properly.
- Nationwide employment litigation defense representation from single-plaintiff cases to the largest class or collective actions, whether filed by plaintiff attorneys or government agencies.
- Nationwide coverage for all regulatory complaints from virtually every federal, state, and local enforcement agency relating to employment issues.
- Audits for wage and hour compliance to ensure that employees are classified properly (exempt vs. non-exempt) under federal and state wage and hour laws, to defend Department of Labor and state agency investigations, and to protect against federal and related state collective actions (class actions).
- A review of affirmative action compliance by ensuring affirmative action plans are compliant with the O.F.C.C.P. requirements and all “money-issues” (hiring, firing, transfers, promotions, demotions, and pay equity) are identified, analyzed, and corrected.
- Drafting, reviewing, and revising of executive-level offer letters and employment agreements.
- Drafting and enforcement of arbitration agreements, non-compete agreements, and customer/client non-solicitation provisions to protect employer interests.
- Analyses (including pay disparities) if there is discriminatory treatment or impact with employment practices.
- Training in all aspects of employment law—from wage and hour compliance to F.M.L.A. to ensure there is no workplace harassment or misconduct.
- Due diligence for potential mergers and acquisitions to identify potential legal exposure and risks before any deal closing.
- WARN Act research, drafting, and advice regarding how and when to comply with federal and state notice requirements with respect to employee layoffs or extended furloughs.
- A highly secure, technical Form I-9 audit to ensure clients have accurate I-9s on file by remediating I-9 issues before an ICE no-knock visit, where clients are also trained to on-board employees properly and to follow federal and state employment authorization and Form I-9 requirements.
