Employment & Labor

Experience and Insight That Work for Employers
Technology, new regulations, and globalization are changing the workplace—and presenting companies with more challenging decisions than ever before regarding their workforce.

Given the complexities of today’s labor climate, building a relationship with a legal team that can guide you through new developments, explain your options clearly, and help you make thoughtful, informed decisions is key. At Manatt, our employment and labor attorneys work closely with our clients, often serving as an extension of their in-house human resources and legal departments.  

We provide comprehensive counseling on employment issues to employers of all sizes, from start-ups to multinational corporations, across a wide spectrum of businesses and industries. Our attorneys put to work years of experience, extensive employment law skills, and the firm’s substantial national resources to help clients in the following areas: 

• Preventing problems by helping to create policies and procedures, as well as designing training and auditing programs, that keep our clients in compliance with the law
• Educating and guiding clients through the maze of federal and state regulatory employment and labor laws
• Providing clients with aggressive and goal-oriented representation before courts, administrative agencies, arbitrators, and mediators
• Handling the collective-bargaining process and advancing client interests in their interactions with labor unions 

Keeping Litigation from Getting in the Way of Work
Few things are less productive to businesses than litigation. That’s why our employment and labor attorneys excel in preventative advice and compliance. 

Terminations and reductions in force. We guide employers through mass workforce reductions, layoffs, restructurings, plant closings, and incentivized retirement. Along with your HR personnel, we help plan a fair reduction process and appropriate separation terms, develop full documentation, and help manage communication. 

Employment agreements and executive compensation. We design and help negotiate executive employment agreements that protect our clients’ business interests. We also help companies establish incentive, nonstatutory stock option plans and nonqualified deferred compensation arrangements. 

Discrimination and harassment policies. We counsel companies regarding federal and state equal employment opportunity and discrimination laws and regulations. If federal or state agencies become involved in a dispute, we are effective advocates in hearings and proceedings, often concluding matters with no penalties or other remedial actions. 

Wage and hour law. Courts are increasingly holding employers liable for violations of the federal Fair Labor Standards Act and its state law counterparts. Our attorneys advise employers on wage and hour issues, evaluate classifications, help implement alternative work schedules, and audit wage and hour practices for compliance. We also analyze job categories to ensure they meet the criteria for exempt status, as well as determine whether particular individuals should be classified as employees or independent contractors. If wage and hour disputes become class action lawsuits, we mount a vigorous defense to defeat class certification motions and secure a favorable settlement. 

Trade secrets and unfair competition. Our lawyers often handle disputes involving confidential business and technology information and trade secrets, including those involving the recruitment and movement of employees. We also advise companies on the antitrust aspects of noncompetition agreements, including nondisclosure and confidentiality agreements as part of licensing arrangements.  

Investigations and audits. Our employment team will visit individual facilities within your company to review compliance with employment laws, as well as conduct a complete assessment of performance according to internal policies and expectations. We advise you on changes necessary to reduce the likelihood of employee complaints, government enforcement actions, business crimes, and litigation. 

Manatt also conducts internal and special investigations for clients, their boards of directors, and audit committees to help uncover wrongdoing, comply with government rules and regulations, and take advantage of voluntary disclosure and sentencing guidelines for businesses that have compliance programs. 

Workplace security. We have handled the most sensitive issues involving employee misconduct, including fraud, theft, violence, drug and weapon possession, and alleged harassment. Our team can help you evaluate the information collected and determine the right response.

Leased workers and temporary employee agency issues. Our team is familiar with complex issues involving leased employees. We help you weigh the positives and negatives so you can decide whether leasing is right for you, as well as navigate conflicts that might arise if the relationship sours. 

Tough Litigators When You Need It
Regardless of their size, all companies are exposed to the risks of employment-related litigation. Whatever the issue, our goal is to help you prevent as many of these actions as possible—and successfully defend against the rest. 

Manatt offers high-level strategic advice and an effective defense for a wide variety of legal issues, including complex class actions, discrimination and wrongful termination cases, tort and contract actions, workplace security-related litigation, as well as lawsuits concerning trade secrets and unfair trade practice claims. 

Going to Bat for Employers in Their Dealings with Unions
Since the 1930s, federal and state labor laws have created an adversarial relationship between employers, employees, and labor unions in the workplace. Our goal is to diffuse the tensions while creating favorable outcomes for our business clients. We are especially skilled at handling collective-bargaining agreements, and will advance your interests in all other dealings with labor unions, including: 

• Organizing efforts and union elections
• Collective bargaining
• Dispute arbitration
• Unfair labor practice controversies 

Whether you have 15 employees or 15,000, Manatt offers the varied experience and services needed to help organizations analyze options, make informed decisions, and take effective action in today’s complex work environment.