Labor and Employment

At Haynes and Boone, our Labor and Employment Practice Group handles all aspects of complex labor and employment matters that face domestic and international businesses. Our Labor and Employment Practice Group is primarily involved in the following kinds of matters:

Counseling Management

• Develop Internal Employment Policies and Procedures Including Employee Handbooks
• Negotiate and Draft Employment, Non-Compete and Confidentiality Agreements
• Conduct Employment Compliance Audits
• Advise Managers and Human Resource Personnel on Employment Law Compliance, including HIPAA privacy requirements
• Develop Strategies for Implementing Workforce Reduction
• Advise on Employment Issues in Mergers, Acquisitions and Other Major Corporate Events
• Design Alternative Dispute Resolution Programs and Defense of ADR Claims
• Develop Affirmative Action Plans and Statistical Analyses of Workforces
• Assist Employers in Developing Strategies to Maintain Union-Free Environments
• Wage and Hour Compliance

Addressing Labor Union Issues

• Assisting Management in Union Organizational Campaigns
• Unit determinations, including accretions, joint ventures and health care unit issues
• Unfair Labor Practice Litigation Before the National Labor Relations Board
• Collective Bargaining Negotiations and Contract Administration, Including Arbitration of Labor Disputes
• Assisting Management in Work Stoppages, Strike Replacements and Strike-Related Matters

Employment Litigation

• Employment Discrimination Litigation
• Class Action Employment Discrimination, ERISA, Harassment and Wage and Hour Claims
• Workers' Compensation Retaliation Claims
• Wrongful Termination, Defamation, Tort, Whistle-Blower and Retaliation Claims
• Employment Contract Litigation, Including Stock Option, Commission and Deferred Compensation Disputes
• Trade Secrets, Confidentiality, Non-Competition and Non-Solicitation Disputes with Former Employees
• Compliance With State and Federal Employment Laws, Affirmative Action, Wage/Hour, Leave of Absence and Health and Safety Issues (OSHA)

Wage and Hour Litigation

Haynes and Boone routinely defends collective and class action lawsuits, as well as Department of Labor audits involving wage-hour matters. We recognize the significant risks facing employers in this area of the law. As a result, we have assembled an experienced and dedicated group of lawyers to defend clients in all aspects of wage-hour proceedings.

The depth of our experience enables us to offer comprehensive services, ranging from conducting internal company audits to ensure compliance, defending government investigations, to defending wage-hour lawsuits from the initial conditional class certification stage, discovery, summary judgment, and through trial.

Companies facing wage-hour litigation should partner with a law firm that has the depth and experience to provide a strident defense in this highly specialized area. In turn, we understand our client’s objective to achieve the most efficient and best practical solution for its business. Our ability to recognize and work closely with the business needs of our clients has enabled our team to achieve an established record of excellent and cost-effective results. Our experience includes cases involving:

• Overtime calculation, establishment of regular rate of pay, and flexible work week
• Professional exemptions
• Retail sales commissions and the outside sales exemption
• Bonuses and commissions
• Independent contractor versus employee status
• Motor carrier exemption
• Tipped employees, including tip pools and the tip credit
• Meal periods and rest breaks
• “Off-the-clock”
• “Donning and doffing”
• On-call and travel time

We work closely with our Employee Benefits and Executive Compensation, Immigration, Health Care, International, Mergers and Acquisitions and HIPAA Privacy Practice Groups in advising our clients on labor and employment issues.

Also, we work closely with lawyers in other practice areas as part of a coordinated, multidisciplinary ERISA Litigation Practice Group to provide clients with comprehensive legal services regarding disputes involving ERISA.

The size and experience of our Labor and Employment Practice Group allows us to handle cases and organizing drives throughout the United States and before every Regional Office of the National Labor Relations Board, Department of Labor and courts. We have the depth and experience to handle all types of employment litigation, particularly large and complex employment discrimination and FLSA and ERISA class action cases, union organizing campaigns and negotiations.

Our attorneys conduct corporate training programs on significant labor and employment matters and are known for their cutting-edge approach in litigation and traditional labor law matters. In addition, we are committed to serving the community by performing pro bono work. Our lawyers recently advised a major social service non-profit organization on handling ADA (Americans with Disabilities Act) requests.

We're especially well versed in helping foreign-owned companies detangle the brambles of U.S. labor regulations and other workplace issues. Managing a workforce from afar can be a daunting task made harder by the application of unfamiliar laws, organized labor and workplace safety regulations.

We help non-U.S. companies with compliance - helping avoid problems before they happen - as well as serving as an advocate when legal issues arise.

Industry Experience

Our firm's range of experience in labor and employment matters is broad, including extensive work in industries such as airline, paper, energy, manufacturing, distribution, food and service, automotive, retail, transportation, financial services, technology and telecommunications.