Labor and Employment

The employment relationship is governed by an array of conflicting and confusing statutes and regulations that apply to almost every aspect of the employment relationship. These regulations vary from state to state and industry to industry leaving employers vulnerable to innocent mistakes.

Winget, Spadafora & Schwartzberg’s Labor and Employment practice group understands the complex regulations governing employers and aims to prevent them from suffering the expense of mistakes and, when necessary, limiting the cost and exposure of litigation. The firm represents employers in a variety of industries with respect to all workplace matters. Our clients are local and national and turn to us for counseling on a wide array of issues from weathering the economic downturn to enforcing their own rights in the employment relationship. We appear on behalf of clients before federal, state and local courts and agencies in matters involving traditional labor relations, wage and hour issues, employment contract disputes and employment discrimination claims. By offering a full array of legal services to employers, we are able to build trust with our clients and represent them with all their employment related needs.

Counseling and Training

Our lawyers advise clients on a wide range of employment matters, including compliance with wage laws, such as the Equal Pay Act, Lilly Ledbetter Act, FLSA and discrimination laws such as Title VII, ADA, PDA, and ADEA. We actively advise clients as to sexual harassment policies, employee training and review of handbooks and human resources policies. We also advise our clients with respect to reductions in force, whistleblower protection, employment contracts, non-compete agreements and policies regarding drug testing, benefit continuation, family and medical leave, maternity, personnel files and employee references

Employment Litigation and Agency Representation

Our lawyers represent employers in all phases of litigation in state and federal courts and administrative agencies. We regularly appear before the Equal Employment Opportunity Commission and various state and local fair employment practices agencies in response to administrative charges of discrimination. Our practice includes preparation of position statements, appearances at fact finding conferences and hearings, as well as participation in alternative dispute resolution including mediation and arbitration. For our corporate clients, we also prosecute claims against former employees for violation of non-compete agreements, breach of fiduciary duties, and misappropriation of trade secrets. Our broad experience enables us to handle a wide array of employment claims filed against our clients including civil rights and discrimination claims, wrongful discharge, employment torts, whistleblower, free speech and emotional distress claims.

Benefits and Compensation

Our lawyers focus on the legal needs of employers, institutions and advisors who are facing the challenges presented by the increasing significance of pension and benefit liabilities, the frequent changes in employee benefits laws, and the demands presented as a result of the economic climate. Our practice encompasses a wide variety of employee benefit matters, including executive compensation, matters arising under Employee Retirement Income Security Act (ERISA), Health Insurance Portability and Accountability Act (HIPAA), and various other federal and state employee benefit regulations