We counsel employers on compliance with all federal, state, and local laws that impact the workplace. These matters include payment of wages, wage liability, overtime classification, paid and unpaid leave requirements, sexual harassment prevention policies and training, employment discrimination, benefit requirements, hiring and termination, and safety issues. 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 regulating the workplace and imposing responsibility on employers. We work with clients to create policies and procedures tailored to each employer’s unique industry, needs, and situation.
Wage and Hour
We have extensive experience in wage and hour matters, which in recent years have become a major issue facing employers. These matters include 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 have defended class actions involving employee compensation in numerous jurisdictions. Our attorneys advise clients not only on strategies to address their current concerns, but also on proactively implementing policies to minimize future exposure. We review current policies and offer critical guidance to bring them into compliance with federal, state, and local laws. We also regularly represent clients in wage and hour investigations by the U.S. Department of Labor (USDOL) and New York State Department of Labor (NYDOL).
In the wake of the #MeToo movement, New York State has passed legislation requiring employers to implement sexual harassment prevention policies and conduct training. CMM attorneys have advised hundreds of New York businesses on sexual harassment laws, and the firm offers customized training programs for the specific needs of each business. CMM works with clients to help their businesses comply with the latest rules and ensure the safety of employees while also preserving camaraderie and company culture. We are experienced advisors when it comes to conducting sexual harassment investigations, implementing policies and training programs, and establishing reporting procedures.
Our attorneys defend clients in connection with myriad employment-related matters before numerous regulatory and governmental agencies including the USDOL, NYDOL, the New York State Attorney General’s Office, the Equal Employment Opportunity Commission (EEOC), New York State Division of Human Rights, city and county Human Rights Commissions, the Occupational Safety and Health Administration (OSHA), and various Long Island agencies and offices. We also work with clients on safety training and inspections as well as incident and accident investigations.
We have significant experience, particularly in the retail, hospitality/catering, healthcare, and technology sectors, representing employers in discrimination, harassment, and wrongful termination matters before federal agencies as well as state agencies across the country. We conduct internal investigations, represent clients in all proceedings and negotiations, and work with clients to create compliance policies and training programs to minimize future liability. We also assist with diversity initiatives and training.
Restrictive Covenants, Hiring and Termination, and Employee Handbooks
The firm drafts and negotiates various employment-related documents including employment agreements, offer letters, severance agreements, employee 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. We routinely work with clients to draft employee handbooks, policies, and procedures specific to their businesses. This work also includes the development of programs for employee background checks, drug and alcohol testing, and fitness for duty programs.
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.
Prevailing Wage Disputes
We assist employers in compliance with prevailing wage requirements on public works projects. We have successfully represented and defended contractors, subcontractors, builders, and other industry professionals in compliance, negotiation, and litigation with regard to federal, state, and local prevailing wage laws and regulations.
Litigation and Class Actions
The firm aggressively defends clients in a full range of labor and employment matters that make their way to litigation. Representative matters include individual and class actions pertaining to wage and hour issues, prevailing wage issues, wrongful termination, discrimination and harassment, breach of employment contract, allegations of FLSA violations, and non-compete matters. Our attorneys litigate matters in state and federal court and appear before various administrative and government agencies.