Counseling and compliance
Our clients benefit from strategic employment counseling to develop effective workplace policies tailored to their business goals and location. We proactively guide on risk mitigation and steps to minimize employee claims, and we regularly provide training. We bring a wealth of knowledge to help manage compliance with statutory requirements under national, state, and local laws, as well as multinational legal requirements and cultural factors.
Internal investigations
With an extensive record in workplace investigations, we deliver cross-border investigative services spanning C-suite and executive level investigations, including allegations of misconduct, harassment, discrimination, fraud, and financial reporting violations. We also deal with regulatory compliance and whistleblower claims. For investigations that intersect with other legal disciplines, we seamlessly collaborate with colleagues across practices to provide holistic solutions.
Worker classification
With significant rulings on nontraditional labor issues and the rise in gig economy work, small and large companies often need help with navigating the new frontier of independent contractor law, while also managing everyday employment risks and disputes. Our team regularly advises clients on the classification of individuals as independent contractors, the risks of misclassification under country and state laws, and how to mitigate these risks. Additionally, when clients are preparing for high-value transactions, we provide practical guidance on independent contractor classification.
Traditional labor
We bring decades of experience handling traditional labor issues such as works council issues, union campaigns and elections, and obtaining injunctive relief against prohibited strikes or picketing. We represent clients in arbitrations and collective bargaining negotiations, and appear before governmental bodies regarding elections, unfair labor practices, secondary and consumer boycotts, and other workplace issues. We understand the sensitivities that surround each matter. While litigating disputes is generally a solution of last resort, we do have an outstanding record of success in court, and before agencies and arbitral panels.
Dispute resolution
From discrimination and harassment allegations to wage-and-hour and whistleblowing claims, our Employment team brings the knowledge and skills necessary to defend clients against individual and class-wide cases. We are also exceptionally experienced in prosecuting and defending restrictive covenant claims. We seek to obtain favorable and cost-effective outcomes at the earliest possible stage through strategic resolutions, while always looking to develop and adjust long-term risk mitigation plans.
Wage and hour
We can help you implement sophisticated policies and manage workforces in the challenging wage-and-hour landscape, while keeping your specific business goals in mind. Through proactive guidance, we strive to help clients avoid costly and protracted litigation. With efficient management, and through robust but pragmatic negotiations, we have successfully resolved numerous class actions through mediation. When litigation is unavoidable, we have extensive experience in successfully defending wage-and-hour cases, particularly actions in the United States (U.S.) federal and state courts.
Reductions in force
During reorganizations and large-scale reductions in force, it is crucial to safeguard your interests, retain vital human capital, and prevent harm to your business. From reviewing non-compete clauses, severance documentation, and separation agreements, to advising on compliance with country, state, and local laws across the world, we support clients through all aspects of workforce transitions and reductions. Additionally, we hold a record of success in representing clients in restrictive covenant litigation and have vast experience defending against wrongful termination and whistleblower retaliation claims, which tend to follow reductions in force.
M&A due diligence
Amid complex and multijurisdictional mergers and acquisitions, we provide our clients with comprehensive due diligence support, including review and analysis of collective bargaining agreements, employment policies, executive employment contracts, restrictive covenants, reduction in force and reorganization plans, change-of-control trigger clauses, and independent contractor agreements. We also help clients fulfill their bargaining and statutory obligations with unions and work councils. Following the consummation of transactions, we ensure business continuity through strategic advice on employee transition and integration.
TUPE
Designed to safeguard employees' rights in the event of a business transfer or change in service provision, the Transfer of Undertakings (Protection of Employment) regulations (TUPE), may apply to restructurings, M&A, lease assignments, services agreements, outsourcings, re-tenderings and insourcings. Our team advises companies on the implications of TUPE, transaction document negotiations, and on the inform, consultation, and transfer processes.
Artificial intelligence (AI) in the workplace
Our global Employment team supports employers in navigating the legal and practical complexities of AI in today’s workplace. As the use of facial recognition and other AI systems becomes more widespread, risks increase. This has created growing concerns, particularly among regulators, about the potential for AI-related bias in employment decision-making, AI’s impact on worker classification, the use of independent contractors, and more. Whether you need guidance on the EU AI Act, country-specific legislation, employee privacy rights, regulatory compliance, or internal misconduct monitoring, we can make a positive difference to your AI-related challenges.
Data subject access request (DSAR)
Under the United Kingdom (UK)’s General Data Protection Regulation (GDPR), individuals have a right to be told what personal data is held about them by a data controller, such as an employer. They can legitimately ask why the information is held and how it is used. It is common for employees to make a DSAR in relation to grievances or potential legal action. We are especially well-positioned to advise on employee relation issues, such as those arising from DSARs.