The Employment Practice Group provides a full range of legal service to employers of all sizes in a wide array of industries.
The issues facing employers have become increasingly complex and we take pride in partnering with our clients to provide practical, effective, and efficient counsel and representation on all matters affecting the employment relationship. We provide significant value to our clients through proactive counsel and advice in managing the maze of compliance requirements, providing practical training to management, and assisting with policy development and drafting — all with an eye toward regulatory compliance and claim avoidance. This is especially true as we all navigate the uncharted waters of COVID-19. We can help employers develop and implement return-to-work plans, manage remote work environments, update leave policies, and mitigate wage and hour risks.
We regularly serve as independent investigators for public and private employers. Our experience allows us to conduct thorough investigations in an efficient and prompt manner.
In the event of a claim or other dispute, we are experienced in providing skilled and thorough defense. In addition to the mediation and arbitration of employment disputes, we handle matters in state and federal courts and before state and federal administrative agencies, including the EEOC, OSHA, USDOL, NLRB, and state human rights agencies.
We are licensed in a number of jurisdictions, including Maine, New Hampshire, Vermont, and Massachusetts. This affords us the opportunity to serve employers with places of business in a number of states.
Employers of all sizes in all industries can depend on us for reliable and practical advice on employment-related issues.
SERVICES PROVIDED
- Preparation of employee handbooks and development of personnel policies
- Advice on hiring, discipline and termination
- Human Resource compliance audits
- Wage & Hour compliance advice
- Advice on FMLA, ADA, leave laws, and worker’s compensation
- Advice on employee benefit programs
- Advice and training on discrimination and harassment laws
- Advice on workplace privacy issues
- Advice on OSHA and workplace safety issues
- Advice on layoffs, facility closure, and post-closing liabilities
- WARN Act compliance
- ERISA compliance
- Social media and cyber-security issues
- Drafting and negotiation of employment contracts, separation agreements, and advice on various forms of executive compensation, including deferred compensation, stock option, and other bonus and incentive strategies
- Non-competition, confidentiality, and non-solicitation agreements
- Management training on union issues
- Drafting, negotiation, and interpretation of collective bargaining agreements
- Advice and representation on union grievances and arbitration
- Independent investigations
EMPLOYMENT LITIGATION SERVICES PROVIDED
- Discrimination, wrongful termination, non-competition, trade secrets, employment contracts, and administrative proceedings
- Wage and hour claims
- Representation before federal and state agencies, including EEOC, OSHA, USDOL, NLRB and state human rights agencies, and in state and federal courts in Maine, New Hampshire, Massachusetts, and Vermont
- Local counsel in state and federal court
REPRESENTATIVE MATTERS
- Successfully defended an employer before the Maine Human Rights Commission on a claim of disability discrimination brought by a former employee. The Maine Human Rights issued a finding of “no reasonable grounds” to believe that employer discriminated against the employee.
- Successfully defended an employer in a wage and hour claim brought by a former employee; the employee sought compensation for allegedly unpaid overtime wages.
- Acted as an independent investigator for an employer in response to a claim of sexual harassment brought by an employee; conducted numerous witness interviews and issued written report.
- Conducted extensive human resources compliance audit.
- Conducted an extensive training seminar for an employer on topics ranging from ADA compliance to sexual harassment in the workplace.
- Assisted a large employer in structuring a reduction in force (RIF) and navigating required WARN Act notices and disclosures under the ADEA and OWBPA.
- Advised a private school client and drafted a deferred compensation arrangement under Code section 457(b) for the long-time head school.
- Represented a national retail pharmacy chain in OSHA inspection matters and successfully resolving citation issues.
- Represented a corporate executive in negotiating a complex employment agreement with change in control provisions and deferred compensation implicating Code section 409A.
- Represented the foreign parent of a US entity in developing and drafting an annex to its Share Option Plan applicable to employees of the US subsidiary.
- Represented a Canadian forest products company in connection with the labor and employment aspects of the acquisition of a US company.
- Assisted a large petroleum products company in developing compliant employment policies applicable to employees in multiple jurisdictions.
- Represented a large employer in a class action wage and hour claim, avoiding class certification and achieving a favorable resolution for the client.
RECENT ARTICLES
- Summary of the Maine Earned Paid Leave Law
- An Employee Tests Positive for COVID-19: Now What?
- Employee Complaints: What You Need to Know and Do