Labor & Employment Law

Litigation of Employment Claims

McNamee Lochner P.C. represents employers 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 employers 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 and other wage and hour issues (including wage and hour class actions and multiple-plaintiff litigation), the New York Workers' Compensation Law, and the New York Labor Law.

Finally, we represent employers 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 (OSHA), the Office of Federal Contract Compliance and the US Department of Homeland Security.

Advice and Counseling

We advise and counsel employers on all aspects of the employment relationship. This includes:

  • Employee handbooks and policies on sexual harassment
  • Workplace investigations
  • Wage and hour audits
  • Drug and alcohol testing
  • Medical exams
  • Safety and health
  • Safety audits
  • Discipline and discharge
  • Equal employment opportunity
  • Affirmative action
  • Diversity
  • 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.

Finally, we make certain our 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
  • Grievances
  • Arbitrations
  • Training and problem avoidance
  • Issues related to job actions, work stoppages, pickets and strikes
  • 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 (NLRB) and its regional offices. This experience includes litigation of a variety of matters before the NLRB.