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Labor and Employment

Every day, employers are confronted with new, varied and frequently thorny workplace challenges. Going well beyond traditional contract disputes and allegations of discrimination, businesses today are faced with an ever-changing regulatory and legislative environment in areas such as social media, wage and hour compliance, expansion of anti-discrimination laws, and health care reform to name just a few. Saul Ewing’s Labor and Employment Group represents clients, both domestically and internationally, across the spectrum of industries, including insurance and reinsurance, government contracting, financial and professional services, lower and higher education, restaurant and hospitality, life sciences, health care, technology, retail, manufacturing, construction, maritime, and many others. Our clients range in size from Fortune 100 publicly traded companies with tens of thousands of employees, to closely held family businesses, not-for-profit organizations, sole proprietors and everything in between.

Saul Ewing’s management lawyers regularly handle a broad array of matters before administrative agencies and state and federal courts throughout the country including discrimination, harassment and retaliation, wage and hour, affirmative action, SOX, OSHA, FMLA and common law claims. Our team, which includes fellows of the College of Labor and Employment Law and the American College of Trial Lawyers and leaders of the American Bar Association’s Section of Labor and Employment Law and many other organizations, has significant depth in traditional labor matters.  We help clients draft non-competition, non-solicitation, non-disclosure and other restrictive covenant agreements to protect against unfair competition and we regularly litigate these cases across the country. We are also cognizant of legislative and regulatory changes that impact our clients, and our Washington, D.C. office allows us to readily assist clients with federal regulatory and legislative issues.

When a client has a legal question involving its workforce, it is likely that our labor and employment attorneys have previously handled a similar issue and guided our clients to a resolution. Our knowledge, experience, depth and creativity allow us to assist clients in responding to new and novel labor and employment issues.  Unlike specialty boutiques, we are also able to back our labor and employment services with the added resources of a full service business law firm.

See Related Services Offered for Labor and Employment

My Saul Ewing attorney is able to weigh the risks and give practical counsel. He is proactive – he does not just say “do this now” but, instead, he lays out steps to help avoid problems down the line.

Our Blog: WISE - Workplace Initiatives by Saul Ewing

Experience

Saul Ewing attorneys have represented labor and employment clients in these select matters:

  • Labor
    Obtained summary judgment on behalf of one of the country’s largest retail supermarket companies in a multi-employer hybrid LMRA Section 301/breach of the duty of fair representation case, currently on appeal to the DC Circuit.
    Represented an international hotel chain in connection with alleged unfair labor practice charges under §§8(a)(1) and (a)(3), including the trial of such charges before the NLRB.
    Representation of a state-wide system of public universities with respect to labor relations matters, including labor negotiations, arbitrations, and grievance proceedings.
    Represented multiple Fortune 500 companies in their collective bargaining negotiations covering ”on air” talent appearing in TV, radio, and internet commercials.
    Represented national newspaper company in collective bargaining negotiations.
  • Employment Litigation
    Motion to dismiss religious discrimination case granted by federal district court on behalf of a federal government contractor
    Summary judgment in Title VII case affirmed by the federal appellate court on behalf of a federal government contractor
    Representing a franchisee with more than 150 locations in a case of first impression brought by the EEOC in federal district court
    Obtained jury verdict for a major university in employment race discrimination lawsuit
    Representation of securities industry clients in FINRA broker/dealer raiding, defection and wage claim arbitrations
    Represented a residential private school in litigation brought by the Justice Department over failures to accommodate students under Title III of the ADA
    Represented a hospitality client in federal district court and the court of appeals in connection with a retaliation case raising issues of first impression where the EEOC had intervened
    Obtained summary judgment on behalf of international law firms where former managers raised discrimination, fraud and other common law claims
  • Restrictive Covenants
    Secured a consent injunction followed by a preliminary injunction enjoining a senior insurance industry executive from working for a competitor while on “garden leave”
    Awarded a multi-million dollar judgment in an employee raiding, non-compete and business conspiracy case on behalf of a federal government contractor
    Testified as an expert witness on Maryland restrictive covenants law before the High Court of Justice, Queens Bench Division, London, UK
    Summary judgment in federal district court affirmed on appeal on behalf of departed employees in restrictive covenant action brought by former international employer, establishing that restrictive covenant was overly broad and could not be blue penciled by adding language
    Obtained a temporary and consent injunction in chancery court against a senior executive who had resigned to work for a competitor in violation of covenants contained in equity agreements
    Enforced geographic restrictions against a physician who left to compete within the restricted area
  • Wage & Hour
    Defended federal wage and hour collective and state law class actions in the food, hospitality, retail and exotic club industries
    Defended construction industry employer in multi-party wage and hour litigation in federal court under FLSA and state wage laws involving multiple pay rates, project labor agreements and joint employer issues
    Defended call center operator in putative hybrid FLSA collective action/ state law class action in federal district court and successfully opposed plaintiffs’ motion for conditional class certification
    Obtained dismissal of major national securities brokerage in a multi-party hybrid FLSA collective action/state law class action involving large class of financial advisers in federal district court
    Represented not-for-profit in a FLSA collective action
    Handled numerous wage and hour audits involving the DOL and state agencies, including alleged violations of the Davis-Bacon Act, misclassification of workers, and overtime violations on behalf of government contractors, construction companies, restaurants and major retailers
 

Recognition

The group includes attorneys who have been named to the following lists:

  • Chambers USA

    Chambers and Partners uses a team of more than 140 researchers to rank lawyers on the basis of their legal knowledge and experience, their ability, their effectiveness and their client-service.

  • Fellows of the College of Labor and Employment Lawyers

    The College of Labor and Employment Lawyers selects Fellows who have been in the field for at least 20 years and have proven to peers that they possess a high level of professional qualifications and character.

  • Fellow of the American College of Trial Lawyers

    Fellowship in the American College of Trial Lawyers is extended only by invitation to trial lawyers whose professional careers have been marked by high standards of ethical conduct, professionalism, civility and collegiality.

  • “Best Lawyers in America" list

    Inclusion in Best Lawyers is based entirely on peer review, employing a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.

  • "Super Lawyers" list

    Super Lawyers selects attorneys using a patented multiphase selection process, utilizing 12 indicators of peer recognition and professional achievement.

  • Benchmark Litigation: Under 40 Hot List

    Through a process of peer review and case examination, the Under 40 Hot List has been compiled over a process of many months to assemble a collection of young, up-and-coming attorneys.

Trade Groups & Associations
  • American College of Employee Benefit Counsel
  • Employers Council on Flexible Compensation (ECFC)
  • U.S. Chamber of Commerce – Employee Benefits Committee
  • U.S. Chamber of Commerce Labor Policy Committee
  • Greater Washington Board of Trade
  • Society for Human Resource Management
  • Human Resource Association of the National Capital Area (HRA-NCA)
  • American Society for Healthcare Human Resources Administration

Contacts

Gary B. Eidelman
Dena B. Calo