Employment & Labor Counseling & Litigation

Twomey Latham understands that effectively resolving workplace legal disputes and/or maintaining productive relationships often becomes a question of judgment. Our clients rely upon our comprehensive expertise in labor and employment law, our knowledge of their businesses, and our seasoned judgment in a broad array of industries and business platforms.

The employment law attorneys of the firm have earned a national reputation in labor and employment law and appeared before state and federal courts throughout the U.S. and Congress. The head of the department has been chosen as contributing editor of the authoritative treatise in this area, The Developing Labor Law.

Employment and Labor Litigation

The firm provides traditional labor law services under the National Labor Relations Act, Railway Labor Act, and other federal and state statutes. The firm’s litigation practice also encompasses all phases of employment law in state and federal courts, whether individual, collective, or class action claims, including wrongful termination; non-compete disputes and retaliatory discharge; sex, age, race, disability and other employment discrimination; sexual harassment and employee torts; qui tam; ERISA; OSHA; WARN; FCA and Service Contract Act; Davis-Bacon Act; OFCCP investigations; Title VII; and FLSA and Equal Pay Act. The firm also assists clients in responding to representational campaigns, resolving unfair labor practice cases before the National Labor Relations Board, negotiating collective bargaining agreements, handling arbitrations, and managing strikes and picketing.

Employment, Labor, and Contingent Workforce Counseling

In counseling clients, we strive to prevent costly litigation and seek to reduce labor costs and prevent labor organization activities. To achieve these goals, the firm develops policies, procedures, and employee relations strategies specifically designed to suit the client’s unique concerns, and helps establish, and serves as partners with, clients’ human relations departments or business platforms. The firm consults on all issues concerning the workplace, from developing employment contracts, personnel policies, manuals, and procedures; to alcohol and drug testing and treatment programs, independent contractor agreements; to advising on day-to-day discipline and discharge issues.

Acquisitions, Mergers, and Plant Closings

Whenever an employer is acquired or merged with another corporation, significant labor, employment, and pension issues arise, including claims under ERISA, COBRA, and the age, sex, and racial discrimination laws. Similarly, as an employer adjusts to the economy and consolidates or closes facilities, the potential labor, employment, and pension liability can be significant. As a result, corporate acquisitions and restructuring often involve more than the preparation of appropriate corporate documents, Securities and Exchange Commission filings, and antitrust tax analyses. Labor and employment issues, as well as intellectual property issues, are crucial elements that can have a significant economic impact on the success of a transaction and can affect from the outset how a transaction should be structured. The firm has advised clients and has been retained by other law firms on these complex issues.

International Employment and Labor Law

Employers with international businesses and multiple locations or platforms require a coordinated, worldwide strategy to handle labor and employment issues in order to minimize labor costs and maximize opportunities. In this context, the firm engages in collective bargaining in other countries and appears in international court and administrative proceedings. The need to devise international strategies for the workplace and to have counsel with international experience will command increasing attention as international trade agreements and other such treaties become factors in the international workplace.