Employment and Labor Litigation and Counseling

Ober|Kaler’s Litigation Group helps clients from a wide range of industries address their employment and labor issues in a cost-effective and strategic manner. We excel at providing employment and labor advice in the context of risk management. Many clients utilize us on a regular, ongoing basis to provide practical legal advice as they navigate through the potential minefields that exist for employers when managing employees. Our attorneys recognize that a timely response to a client’s inquiry is invaluable in helping a client determine the proper action and avoid a potential lawsuit. We continually monitor developments in the law, providing advice on contemporary issues that range from how to manage employees’ use of new social media like Twitter or Facebook to compliance with current changes in the law.

When our clients are faced with a legal claim, our attorneys provide aggressive and effective representation, both within administrative agencies and in court. We discuss the client’s financial costs associated with litigation at the outset of the case and structure a litigation plan accordingly. We have extensive trial experience, frequently appearing before judges and juries in state and federal courts. Our successful results speak for themselves. Our preparation and deep knowledge of labor and employment issues is respected by the courts and opposing counsel and is appreciated by our clients.

In those cases where the client determines that their interests are better served by reaching a prompt settlement, we attempt to reach a reasonable resolution before they incur significant fees and we regularly achieve excellent results through the use of ADR.

The Litigation Group’s employment and labor work encompasses every aspect of employment and labor law. Our attorneys regularly represent clients in matters arising under the Americans With Disabilities Act, Title VII of the Civil Rights Act, Family and Medical Leave Act, Employee Retirement Income Security Act (ERISA), Fair Labor Standards Act, Equal Pay Act, and Sections 1981 and 1983 of the Civil Rights Act, as well as their state and local counterparts. Representative examples of our work for our clients include:
 

  • Regular appearances in state and federal courts to obtain temporary restraining orders and preliminary injunctions to assert employers’ rights in recruitment and defection disputes, including enforcement of noncompetition, nonsolicitation, and confidentiality agreements and misappropriation of trade secrets
  • Defending discrimination and retaliation claims before administrative agencies such as the EEOC and the Maryland Commission on Human Relations, as well as in federal and state courts
  • Defending wage and hour claims under the Maryland Wage Payment Act and the Fair Labor Standards Act (FLSA)
  • Union avoidance, union contract negotiations, and defense of unfair labor practice claims
  • Managing workplace audits by the Department of Labor, the Maryland Department of Labor, Licensing and Regulation, and MOSHA 
  • Providing risk management advice to employers undertaking a reduction in force (RIF) or when hiring, disciplining or terminating employees
  • Drafting and negotiating employment contracts, executive compensation packages and severance agreements
  • Developing affirmative action plans
  • Developing and maintaining qualified employee benefits plans under ERISA
  • Providing advice regarding COBRA and available COBRA subsidies
  • Defending against claims that employees were improperly characterized as independent contractors rather than employees, or classified as exempt rather than non-exempt employees
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