Morgan Lewis helps employers meet the complex legal, compliance, and human resources challenges common in today’s workplace. We counsel clients on labor and employment legal issues as they arise, handling matters involving job applicants, employees, and former employees. Our team assists employers with specific state regulation compliance, employment policies and agreement drafting, agency investigations and audits, and employee benefits, among other matters.
We draw on our experience across industry sectors, including financial services, pharmaceuticals, retail, technology, energy, and transportation, to assist clients with employment law challenges unique to their industries. Members of our team have experience gained from service in high-level positions in the Department of Labor, Employment Standards Administration, and California Department of Fair Employment and Housing.
Our team of California-based lawyers counsels companies with employees in California on the many aspects of the employment relationship that are subject to the state’s unique regulations. We guide clients on issues that relate to employment applications, background checks, at-will employment, and noncompete agreements. We also counsel clients on employee privacy issues and regulations surrounding leaves of absence, commissions and bonus compensation, and exempt and nonexempt classification.
Good employment practices start with properly drafted employee handbooks and manuals. Our lawyers review these documents to ensure that they comply with US federal and state law. We also assess handbooks and manuals to ensure best practices in light of the litigation climate and the latest trends and developments in employment law.
In addition, we work with clients on their company policies and procedures to ensure these conform to legal requirements, and advise on best practices to avoid conflict with state and local law. This includes a thorough review of wage and hour and pay practices.
We review, revise, and draft documents that employers use throughout the life cycle of the employment relationship. Keeping specific US state and local rules and regulations in mind, we routinely advise on employment, independent contractor, retention, and separation agreements. We also draft and provide counsel on:
Morgan Lewis lawyers partner with clients’ benefits personnel to ensure that employee benefit and executive compensation plans comply with the Employment Retirement Income Security Act (ERISA) and US federal and state tax laws.
Our lawyers represent and defend clients in investigations, audits, and claim proceedings before the numerous US federal and state government agencies that have investigative and quasi-judicial authority.
We advise employers on the employment-related challenges in corporate transactions such as mergers, sales, acquisitions, spinoffs, and startups. Drawing on the strengths of lawyers from across Morgan Lewis, our team helps clients navigate the myriad employment, labor, benefits, equity, and executive compensation issues that arise during a workforce change. We draft and review representations and warranties, closing conditions, due diligence and risk assessment, hiring and transitioning of employees, and noncompetition, key employee retention, and workforce integration.
When clients face sales or acquisitions of businesses, we advise on corporate reorganizations and reduction-in-force (RIF) initiatives, including the major restructurings that result from a sale or purchase. Under our guidance, major companies develop effective policies, procedures, and litigation avoidance strategies for the implementation of reorganizations and RIFs.