We handle complex matters whether it’s around the corner or around the globe.

Employment Law

Relationships between management and business employees have become increasingly complex as units of government add layers of regulation. In the employment law arena, our attorneys at Graubard Miller help their clients navigate the competing shoals of business needs and government oversight. We also provide a broad range of related services for management and senior and middle management executives. Attorney Lawrence Bernfeld, a partner of the firm, leads our employment practice.

Providing comprehensive Employment Law representation

No matter what your business’ needs may be, our attorneys are ready to assist and advise you. A partial list of our services includes:

  • Counseling on compliance matters involving government programs and requirements, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Fair Credit Reporting Act (FCRA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the Worker Adjustment and Retraining Notification Act (WARN), the Immigration Reform and Control Act of 1986 (IRCA) and the Patient Protection and Affordable Care Act (ACA)
  • Developing or refining client-specific policies and procedures, including preparation of employee manuals and training programs
  • Advising multinational companies doing business in the United States regarding employment matters
  • Providing advice regarding the manner in which differences in United States and foreign laws affect employment outside the United States (e.g., the interplay between the United States Foreign Corrupt Practices Act and laws of other jurisdictions addressing similar subject matter)
  • Working with immigration counsel to address employee business visa needs
  • Reviewing employment eligibility verification requirements and counseling clients in structuring I-9 self-audits and implementing best practices
  • Preparing agreements to protect client rights against disclosure of trade secrets and proprietary information
  • Negotiating and preparing executive employment agreements
  • Structuring compensation and benefits to address executive compensation and stock option plans, profit-sharing programs, and other employee benefits
  • Negotiating and preparing change of control, severance, separation, and release agreements
  • Addressing wage-and-hour compliance issues
  • Advising clients regarding the use of independent contractors

Our firm provides tax-sensitive employment advice in the context of the specific client business needs. For example, in the context of mergers, acquisitions, corporate restructurings, and other transactions we provide advice regarding potential hidden liabilities involving subjects such as pension plans, passive investments, and withdrawal, successor, and wage and hour liability, as well as related strategic considerations involving deal structure. We also advise senior and middle management executives who are separating from current employers and negotiating new employment relationships.

Utilizing a cross-disciplinary approach to handle litigated disputes

We litigate employment matters that may involve, among other things:

  • Discrimination claims based on age, race, national origin, disability, or sexual orientation
  • Claims of harassment or retaliation
  • Restrictive covenants that prohibit competition or the solicitation of customers, clients or employees
  • Claims involving tortious interference with contract and misappropriation of trade secrets

To guide the firm’s dispute counseling and litigation practice in the employment area, our lawyers at Graubard Miller apply a cross-disciplinary approach while encouraging clients to obtain early-stage advice to promote prompt resolution of prospective disputes. Should litigation ensue, we position our clients to enhance the prospect of favorable outcomes. Experienced mediation, trial, and appellate attorneys appear in forums that include state and federal courts, arbitration tribunals, and federal, state, and local agencies such as the Equal Employment Opportunity Commission (EEOC) and the New York City Division of Human Rights.