Compliance with Employment Laws
Staying on top of the ever-changing federal, state, and local laws impacting the workplace can be a challenge – with costly repercussions. To avoid these expensive mistakes, employers turn to CMM for preventative guidance on matters including payment of wages, overtime classification, leave requirements, sexual harassment prevention policies and training, employment discrimination, benefit requirements, hiring and termination, safety issues, and more.
We are well versed in the requirements and application of the Family and Medical Leave Act (FMLA), the Civil Rights Act, the Fair Labor Standards Act (FLSA), the Age Discrimination in Employment Act (ADEA), the WARN Act, the Affordable Care Act (ACA), the New York State Paid Family Leave Program, the New York City Paid Sick Time Act, and other laws imposing responsibility on employers. We work with clients to create employee handbooks, policies, procedures, and training tailored to each employer’s unique industry, needs, and situation.
This work also includes the development of programs for employee background checks, drug and alcohol testing, and fitness for duty programs. We have also advised hundreds of businesses on evolving sexual harassment laws, helping employers implement policies, establish reporting procedures, conduct investigations, and provide critical training.
The firm drafts, negotiates, and advises on myriad employment-related documents for both employers and employees including employment agreements, offer letters, severance agreements, incentive programs, and option agreements, as well as all types of restrictive covenants including non-competition, non-solicitation, and non-disclosure agreements. We also advise clients on enforceability and other issues pertaining to previously drafted restrictive covenants. Our clients benefit from our deep experience representing both employers and employees in this area.
Administrative Hearings, Investigations, and Litigation
Employers and employees alike turn to CMM for representation in a full range of employment disputes, including state or federal lawsuits litigated in the courtroom and administrative disputes heard by governmental agencies.
Our attorneys have successfully handled hundreds of lawsuits and administrative disputes stemming from the workplace, including workplace discrimination, harassment, wrongful termination, breach of contract, wage and hour, prevailing wage requirements on public works projects, FLSA violations, non-compete and non-solicitation matters, and more. Our work includes litigation in state and federal court, alternative dispute resolution including arbitration and mediation, administrative disputes before the U.S. Department of Labor (USDOL), the New York State Department of Labor (NYDOL), the Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights, and city and county Human Rights Commissions. For employers, we also conduct internal investigations and work with clients to create compliance policies and training programs to minimize future liability.
We also have significant experience defending employers in investigations by the Occupational Safety and Health Administration (OSHA), the New York State Attorney General’s Office, and various Long Island agencies and offices. This work includes working with clients on safety training and inspections as well as incident and accident investigations.
Wage and Hour Litigation Including Class Actions
We have extensive experience in wage and hour matters, including misclassification of employees as independent contractors or as exempt from overtime pay, off-the-clock hours, spread of hours, rate miscalculation, tipping, travel time, meals and breaks, and paycheck deduction issues.
We litigate such matters on behalf of employees, as well as defend lawsuits, including class actions, on behalf of employers, with whom we also work to proactively implement policies to minimize future exposure.
The firm is experienced in negotiating with labor unions in connection with collective bargaining agreements, memoranda of understanding, and related disputes, with particular experience in the construction industry. We defend employers in labor grievances and arbitrations and have significant experience drafting and negotiating project labor agreements for large construction projects in New York City and Long Island.