Employment Law: Protecting Relationships and Assets at the Business Core

Relationships between management and business employees have become increasingly complex as units of government add layers of regulation. In the employment law arena, Graubard Miller helps its clients navigate the competing shoals of business needs and government oversight. We also provide a broad range of related services, including negotiation and preparation of employment, compensation, and benefit agreements, as well as change of control, severance, and release agreements on behalf of management and senior and middle management executives.

Graubard Miller attorneys:

• Counsel on compliance matters involving 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), the Patient Protection and Affordable Care Act (ACA), and other government programs and requirements.
• Develop or refine client-specific policies and procedures, including preparation of manuals and training programs.
• Advise multinational companies doing business in the United States regarding employment matters.
• Provide 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).
• Work with immigration counsel to address employee business visa needs.
• Review employment eligibility verification requirements and counsel clients in structuring I-9 self-audits and implementing best practices.
• Prepare agreements to protect client rights against disclosure of trade secrets and proprietary information.
• Negotiate and prepare executive employment agreements.
• Structure compensation and benefits to address executive compensation and stock option plans, profit-sharing programs, and other employee benefits.
• Negotiate and prepare change of control, severance, separation, and release agreements.
• Address wage and hour compliance issues.
• Advise clients regarding the use of independent contractors.

Graubard Miller gives 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.

To guide the firm’s dispute counseling and litigation practice in the employment area, Graubard applies 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. We litigate matters that may involve, among other things, discrimination claims based on age, race, national origin, disability, or sexual orientation, as well as claims of harassment or retaliation, restrictive covenants that prohibit competition or the solicitation of customers, clients or employees, and claims involving tortious interference with contract and misappropriation of trade secrets.

Lawrence Bernfeld, a partner of the firm and a member of the firm’s Executive Committee, leads our employment practice.