Employment

A goal-oriented approach allows Brownstein’s employment team to work with clients to find solutions to an employer’s toughest employment challenges. From talent acquisition to reductions in force, worker classification and wage payment issues, and non-competes and the protection of confidential information, our knowledge of the latest regulatory and employment law trends and changes, coupled with a track record of success, allows service as trusted counsel not only on the bet-the-business challenges, but the day-to-day workplace and human resources challenges that are equally important. To help employers mitigate risk, our multijurisdictional team advises employers on all aspects of the workplace, including:

• Step-by-step guidance on your most important employment issues—harassment and discrimination prevention
• I-9 compliance
• Employee leave matters and internal investigations
• Trainings and audits
• Compliance review of company policies, handbooks and agreements to ensure human resources documents align with your organization’s needs and comply with applicable laws

Employment matters that are not vetted by employment-law practitioners can derail a transaction. That’s why clients and deal teams rely on Brownstein’s team of skilled, multi-jurisdictional employment law attorneys who understand both the employment issues and the nuances of all stages of a transaction. We collaborate with boards of directors and top-level management to prepare a company for sale, acquisition or merger and conduct due diligence. Once a deal is in play, we negotiate terms, provide reps and warranties insurance analysis and develop definitive documents. Our team ensures a seamless transition of employees, handling all aspects of employee transitions, including drafting non-compete and non-solicitation agreements, as well as hiring, retention, separation and release agreements.

When claims arise, the Brownstein employment litigation team partners with clients to accomplish their goals. Whether it is to achieve efficient resolutions or to vigorously represent clients’ interests in litigation through trial, we have successfully resolved hundreds of claims, across jurisdictions and forums, including for all varieties of employment-law claim types and class and collective actions. Throughout, the team continually aligns its approach with the client’s definition of success. Our team brings extensive trial and arbitration experience in employment matters representing countless companies, organizations and executives. Local relationships, class and collective action acumen and trial expertise give us the ability to negotiate from a position of strength and prosecute or defend all phases and varieties of employment litigation regularly handling discrimination, wage and hour, restrictive covenant, ADA compliance, wrongful termination, employee mobility issues and related employment claims under state and federal laws.

Despite your best efforts to avoid them, workplace crises, such as prominent harassment and discrimination allegations, arise. An employer’s proactive and swift response is critical to managing the situation. Clients rely on us to provide crisis counsel, including advising human resources and in-house counsel, overseeing the interviews of individuals involved, providing detailed reports on findings and offering actionable recommendations that not only address the current situation but ultimately improve the organization’s future prospects on the issue. A key aspect of our team’s counsel is to provide strategic and rapid communications guidance. Clearly communicating with key stakeholders—employees, the public and regulators—is critical. We thrive in high stakes crisis situations, helping employers to overcome challenges and identify the right solutions to handle all aspects of the event specific to employment issues. Once the crisis abates, we partner with an employer to identify actions to take to avoid it in the future. The goal is always for the employer to come out stronger and be better poised to avoid future risk.

A global pandemic. The expanding gig economy. The legalization of cannabis. Continuous proliferation of new statutes, regulations, orders and guidance across jurisdictions impacting workplaces and human resources. Issues arise that even the most prepared employers do not always expect. On the pulse on emerging workplace issues across the legal landscape, we proactively mitigate risk and ensure compliance with continually changing laws. Our multidisciplinary team, including government relations professionals at federal and state levels, monitor local, state and federal policy and orders to provide employers with real-time and actionable advice on emerging issues. This advice includes recommendations to efficiently synthesize compliance changes with existing human resources policies and practices.

Most recently, throughout the COVID-19 pandemic, clients have relied on us to help them navigate the “new normal” for employers—including compliance with federal, state and local guidelines around workplace operations during the pandemic. From adhering to the complex web of requirements and guidance regarding workplace safety mandates to advising on FFCRA and other paid leave laws to the impact of vaccine mandates, we provide real-time legal strategy.

The toughest workplace and human resources challenges often require thinking beyond the law—especially with the recent increase in employment-related legislation and more public disputes. We bring a combination of outstanding lawyers, business acumen and industry-leading policy professionals to identify opportunities and craft solutions. Whether a client needs guidance on working with government agencies to clarify employer rights and obligations under statutes, regulations or guidance, or wants assistance tracking evolving state and federal employment laws, we are uniquely situated to get it done, anticipating policy-related changes and opportunities that you and other firms may miss.