Employment and Labor Law (Management)
Litigation of Employment Claims
We represent management in all aspects of employment-related claims, including claims brought under various civil rights and anti-discrimination statutes, such as:
- Title VII of the Civil Rights Act
- The Age Discrimination in Employment Act
- The Americans With Disabilities Act
- The Family Medical Leave Act
- The Immigration Reform and Control Act
- The Equal Pay Act
- The Rehabilitation Act
- The New York Human Rights Law
Our attorneys also represent management in matters relating to executive compensation, employment contracts, wrongful discharge, plant closings and relocations, downsizing and workforce restructuring, non-competition, restrictive covenant and trade secret litigation, ERISA and other employee benefit issues, employment-related torts, the Occupational Safety and Health Act, the Fair Labor Standards Act, the New York Workers' Compensation Law, and the New York Labor Law.
McNamee also represents management in all employment matters before administrative agencies, including the US Equal Opportunity Commission, the NYS Division of Human Rights, the US Department of Labor, the Occupational Safety and Health Administration, the Office of Federal Contract Compliance and the US Department of Homeland Security.
Advice and Counseling
We advise and counsel management on all aspects of the employment relationship. This includes:
- Employee handbooks and policies on sexual harassment
- Drug and alcohol testing
- Medical exams
- Safety and health
- Discipline and discharge
- Equal employment opportunity
- Affirmative action
- Workplace conduct that protects management's business prerogatives without creating unintended legal rights for employees
Our attorneys also provide advice and counsel to our clients on corporate transactions, mergers, acquisitions, reorganizations and bankruptcy proceedings. We also negotiate, draft and review critical documents such as employment contracts and confidentiality, non-competition, and separation agreements.
McNamee makes certain its clients are aware of the ever-changing obligations imposed by state and federal laws, regularly providing them with labor and employment alerts, and conducting seminars on new workplace obligations.
Traditional Labor Law
We represent management in all areas of traditional labor law, including:
- Union elections
- Collective bargaining
- Training and problem avoidance
- Issues related to job actions, work stoppages, pickets and strikes
- Maintaining a union-free workplace
- Working with unions on issues of mutual cooperation
- All actions arising under the National Labor Relations Act and related state statutes
Our attorneys have many years of experience appearing before the National Labor Relations Board and its regional offices.
McNamee's practice also includes commencement of court proceedings to obtain injunctive relief against breach of contract strikes, and violent and other unlawful picketing.