Labor & Employment

Our Labor & Employment Practice Group provides companies based throughout the United States and abroad with high-quality and efficient legal services to ensure compliance with US workplace laws, litigate cases involving workplace disputes, resolve governmental investigations, negotiate agreements, and handle the labor aspects of corporate transactions. We are dedicated to learning each client’s industry and business objectives to formulate the appropriate legal and business strategies necessary to solve complex labor and employment issues, vigorously litigate cases, and counsel clients to avoid or minimize personnel problems that can result in costly litigation. Our members have extensive experience representing clients in labor and employment law matters and have litigated virtually every type of employment claim.

In terms of litigation, we litigate all workplace disputes in state and federal courts as well as before administrative boards such as the EEOC, New York State Division of Human Rights, NLRB and Department of Labor. Among the various bodies of law in which we focus on are Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws, the Fair Labor Standards Act, and the Family Medical Leave Act, as well as common law causes of action in breach of contract, covenants not to compete, duty of loyalty, fiduciary duty, and unfair competition.

Our particular areas of focus in our Labor & Employment Practice Group include:

• Wage & Hour Litigation
• Discrimination Litigation
• Arbitration
• Employee Handbooks
• Employee Policies
• Employment Discrimination
• Contracts
• Harassment
• Compliance/Management Training
• Labor Aspects Of Corporate Transactions
• Labor Relations
• Mediation
• Non-Compete Agreements
• Non-Disclosure Agreements
• Retaliation
• Severance Agreements
• Trade Secrets
• Wage & Hour Compliance

Our Labor & Employment Practice Group regularly services the needs of our many not-for-profit clients, both International NGOs and domestic social service organizations, on a discounted fee basis.

Amanda M. Fugazy, a partner in our Labor & Employment Practice Group, has developed significant experience in representing International humanitarian medical, relief and development organizations, having enjoyed a uniquely close professional relationship with these organizations and from that vantage point, has gained in-depth insight into the complexities and challenges that face International NGOs, their Boards, management and employees. In addition to working closely with headquarters’ management, Amanda has been fortunate to have worked directly with and visited country offices and field sites. Amanda’s vast experience in this area allows her to negotiate the sometimes unusual crossroads of International humanitarian work and the law with competence.

Some highlights of our not-for-profit representations are as follows:

• Provided management training at various locations in Africa and Europe for international and local staff of large NGO. Over twenty different countries were represented.
• Represented not-for-profits in union negotiations.
• Spearheaded successful union decertification effort for International NGO.
• Drafted, reviewed and advised on various contracts between NGOs and between NGOs and UNHCR.
• Advised on the structure and implementation for an NGO moving from a “federated system” to an integrated international model. Prepared all policies and procedures necessary for the new structure.
• Supervised international and foreign litigation, streamlining and distilling information for NGO management in order to achieve satisfactory results, while controlling costs.
• Advised on possible legal consequences and ramifications for sending American senior level employees into Afghanistan and Iraq in the days preceding the American invasion.
• Achieved dismissal of hostile work environment, retaliation and breach of implied contract claims, and dismissal of individual defendants (President and Vice President) in discrimination/harassments case, establishing law in our jurisdiction regarding personal liability of supervisors.

EG&S provides a wide range of services to the restaurant industry, representing numerous restaurant groups, including fine dining, catering and nightlife. EG&S enjoys a close professional relationship with these organizations and from that vantage point, has in-depth insight into the complexities facing restaurants, their managers, and their employees.

Our services include:

Labor & Employment

• Litigate complex state and federal wage hour claims, including class and collective actions
• Ensure compliance with state and federal wage and hour regulations (e.g. tipping, meal periods, uniforms, and overtime)
• Implement comprehensive pre-hire and new-hire procedures particular to restaurant employers
• Draft employee handbooks, agreements and policies
• Conduct investigations into allegations of employee misconduct, including harassment
• Draft management agreements
• Litigate harassment, employment discrimination and other related employment claims

ADA Public Accommodation Litigation & Claim Avoidance

• Counselling retail and restaurant clients in conjunction with ADA compliance experts on avoidance of ADA claims, proactive remediation strategy and requirements
• Defense of ADA cases in Federal courts (including associated claims under State and local accessibility and discrimination laws)

Corporate

• Form corporate entities, including preparation of shareholder and operating agreements
• Provide services in connection with equity or debt financing, with individual investors or institutions/banks
• Prepare and negotiate general commercial contracts, including vendor contracts, partnership agreements and equity incentive awards

Intellectual Property

• Protect brand names in the US and around the world
• Negotiate and prepare license agreements for food and other products
• Advise on legal issues relating to websites, advertising and promotion
• Negotiate and draft agreements for software

Real Estate

• Negotiate acquisitions of purchase or lease of space
• Negotiate architectural/design/construction contracts for any improvements to the space

Immigration

• Obtain visas for key employees and set up the business ownership to facilitate transfers of foreign professionals to the US business
• Advise on hiring requirements to ensure compliance with Immigration laws; set up, maintain and review legally defensible I-9 documentation to minimize risks of audits or employee actions
• Provide creative options for individuals who have been unable to obtain employment visas under conventional visas including H-1Bs, L-1s and E-2s
• Represent the employer and employee in PERM green card applications with the Department of Labor

At EG&S, construction companies make up a large percentage of our clientele. As such, we have developed a unique understanding of the construction industry’s legal needs. In addition to litigation, we partner with construction companies from subcontractors to owners and architects in order to foster effective employment management practices.

We routinely advise our clients on the following:

• Class and collective actions with regard to wage and hour issues and the subcontractor/contractor employment relationship. Department of Labor audits;
• OSHA violations including penalties and mediation of penalties; and
• Drafting subcontract and/or consulting agreements providing for comprehensive legal protections specifically geared to each clients’ needs.

EG&S provides a wide range of legal services in various areas of the financial services industry.

Our Attorneys have successfully negotiated many matters within the employment context, including employment contracts and compensation guarantees, as well as severance agreements, non-competes and exit arrangements for executives and other professionals.

We understand the intricate nature of the financial industry and enjoy representing clients and groups of clients in this highly specialized field.

Areas of experience include:

• Review and Preparation of Employment Agreements and Severance Agreements
• Misappropriation of Trade Secrets and Confidential Information
• Fair Credit Reporting Act
• Wage and Hour Violations
• Discrimination/Harrasment/Retaliation
• Entitlement to Employee Benefits
• Unfair Competition
• Defamation

EG&S assists retail employers of all sizes in finding practical solutions to employment law questions. Our experience and reputation for sound advice and successful conclusions to litigation has earned the respect and trust of many retailers.

At EG&S we understand the nature of retail operations from the clerk in the store to the large distribution centers. Familiarity with the practical implications of employment laws and union requirements give us the advantage in representing your business. In the retail business, effective management of your workforce is of the utmost importance as employees are the direct contact to consumers. Let us help you manage the myriad of employment laws and regulations facing your business.

Our area of experience includes:

• Complying with the various state and federal laws on wages for breaks and meals
• The classification of employees as either exempt or non-exempt under The Fair Labor Standards Act
• Compliance with The Family Medical Leave Act, I9 documentation and retention
• Compliance with the American’s with Disability Act, OSHA, laws with regard to workers compensationand class and collective action lawsuits.