Employment

For decades clients have turned to Vedder attorneys to advise them on complex labor and employment matters impacting their day-to-day operations and long-term objectives. From selecting and interviewing applicants, managing employee performance and assisting with separation decisions, our attorneys facilitate consistency and fairness through pragmatic solutions while anticipating and mitigating legal risk. We help clients implement practices, policies and training that strengthen workforce management and ensure compliance with the web of complex employment laws and regulations impacting their businesses.

Vedder counsels international companies in all aspects of business-related immigration matters—from complying with various immigration laws to establishing processes and policies that can help manage exposure to civil and criminal enforcement. Our experienced attorneys assist with obtaining temporary or permanent immigration status for executive, managerial and professional employees, as well as with other immigration-related matters, such as I-9 audits. We also conduct due diligence and provide guidance related to immigration law in matters involving corporate changes, such as acquisitions, mergers, divestitures and reorganizations.

Vedder has an unparalleled track record for defending clients against class and collective action employment claims, and we offer our clients responsive, efficient service and creative legal defense strategies. We have successfully defended class and collective action cases in trial and appellate courts involving issues such as wage and hour claims, equal-pay claims, discrimination claims, accommodation issues and Employee Retirement Income Security Act (ERISA) and breach-of-fiduciary duty claims.

Our attorneys counsel clients, large and small, in race, sex, age, disability, sexual harassment and other employment discrimination matters, including offering day-to-day counseling concerning discharge, discipline and other personnel actions with EEO implications. We further defend our clients against single-plaintiff and class action litigation alleging a panoply of EEO law violations.

Vedder has one of the most experienced and sophisticated executive compensation and employee benefits practices in the nation. We advise public and private companies, boards of directors, compensation and search committees, CEOs and other senior executives and individuals in analyzing, designing and negotiating executive compensation and employment arrangements. We assist with the implementation of compensation agreements focused on the motivation and retention of key executives necessary for the profitable growth of a business. We advise public companies in meeting disclosure obligations and achieving successful “say-on-pay” votes. Our attorneys also work with clients to help them structure and administer their welfare plans, retirement plans and legacy benefits plans with consideration regarding the financial and HR implications, as well as the legal requirements.

Vedder represents employers in navigating complex workplace safety and health matters under the Occupational Safety and Health Act and corresponding state laws. We work with organizations of all sizes and industries, including those in manufacturing, chemical/refinery, healthcare, retail/grocery, transportation/aviation and construction. We help clients manage regulatory obligations and mitigate risks and respond effectively to incidents that can disrupt operations and impact employees.

As Vedder is a full-service firm with a robust corporate practice, and our team has extensive experience handling all aspects of labor, employment and employee benefits issues in the context of corporate transactions. Our top-flight team is regularly engaged to advise on 409A and 280G issues in the context of the purchase and sale of businesses, and we have particular experience in transactions involving unionized workforces and multiemployer and legacy benefit plan liabilities. Further, we routinely advise clients on the potential employment risks and exposure associated with business acquisitions. 

Our attorneys are deeply experienced in counseling and litigation involving restrictive covenants and trade secrets in both the employment and sale-of-business contexts. We draft agreements for prospective, existing and departing employees and independent contractors, and in the purchase or sale of business context that are designed to protect our clients’ investments in their businesses; implement and update policies and procedures to safeguard valuable business and customer information; train employees on ways to best protect business assets; and negotiate prelitigation settlements of restrictive covenant and trade secret disputes. We act quickly in matters involving litigation or potential litigation and help clients take strategic and proactive steps to protect intellectual capital and trade secrets.

The traditional labor practice at Vedder is highly regarded and is one of the firm’s founding practice areas. Our team of highly skilled and experienced traditional labor attorneys counsels and represents clients of all sizes and across all industries in complex labor relations matters. We regularly assist our clients in negotiating initial and successor collective bargaining agreements, serving in either chief spokesperson or backroom support roles, and have successfully negotiated agreements with many of the largest and most powerful labor unions in the country. While our goal is always to reach agreements that fulfill our clients’ bargaining objectives with minimum disruption and expense, if and when it becomes necessary, we are ready to counsel our clients through work stoppages and provide effective strike support. We provide timely and knowledgeable contract administration assistance, including interpreting complex and/or ambiguous contract provisions, training managers and supervisors to operate effectively under the agreement, processing grievances and representing our clients’ interests in arbitration. We regularly appear before the National Labor Relations Board and state labor relations agencies to represent our clients in connection with unfair labor practice charges and union representation proceedings.

Vedder’s team works to ensure that our clients’ wage and hour policies and practices are compliant, including by conducting audits of those policies and practices as well as our clients’ record-keeping compliance efforts. Our wage and hour attorneys can assist you with the appropriate classification of employees as exempt or nonexempt, classification of independent contractors, overtime and minimum-wage compliance, wage and hour litigation defense, auditing of wage and hour policies and practices, and record-keeping compliance. We have significant experience successfully defending our clients against a variety of wage and hour claims, including those concerning minimum wage and overtime violations, misclassification allegations and violations specific to California law. We are also well versed in the ever-changing landscape of pay transparency and equity laws and assist our clients in ensuring that their pay practices are fair and defensible, and that their reporting of those practices (where required) is fulsome and accurate.

Our attorneys conduct privileged internal workplace audits in order to identify and resolve potential problem areas, ensure legal compliance and reduce litigation risk. The nature and scope of our audits are tailored to specific client needs and may include review of a variety of employment policies and practices such as recruiting and onboarding, job descriptions, employee handbooks and personnel policies and procedures, and leaves of absence policies and procedures.

Our clients rely on us to conduct and advise on investigations designed to help determine the facts behind allegations of discrimination, harassment, retaliation, financial wrongdoing and whistleblowing. Our investigations are tailored to address our clients’ needs and their obligations under the law. Where appropriate, we further make specific recommendations regarding how best to minimize potential exposure and improve workplace practices.

Our attorneys provide training to our clients’ staff and management teams that is curated to each client’s specific business and needs, including the following:

• Hiring and onboarding
• Harassment, discrimination and retaliation
• Effective and defensible employee evaluation, discipline and discharge practices
• Labor relations, collective bargaining and union avoidance
• Reductions in force (RIF) and WARN Act compliance
• Workplace safety and health programs
• Affirmative action compliance
• Disability accommodations, leaves of absence, and state and federal leave laws
• Wage and hour compliance
• Conducting investigations