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Employment Counseling

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Employment Counseling

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 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 industries—including financial services, pharmaceuticals, retail and ecommerce, technology, energy, and transportation—to assist clients with employment law challenges unique to their businesses. Members of our team have served in high-level positions in the US Department of Labor (DOL), including the Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB), and Internal Revenue Service (IRS).

Our team of California-based lawyers counsels companies with employees in California on the many aspects of the employment relationship subject to the state’s unique regulations. We guide clients on issues related to employment applications, background checks, at-will employment, and noncompetition agreements. We also counsel clients on employee privacy issues and regulations involving 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 compliance with US federal and state law. We also assess handbooks and manuals to ensure best practices in light of the litigation climate and latest trends and developments in employment law. In addition, we work with clients on their company policies and procedures to ensure compliance to legal requirements, and we advise on best practices to avoid conflict with state and local laws. This includes a thorough review of wage and hour and pay practices.

Employment Policies and Agreements

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:

Proprietary information and nondisclosure agreements
Noncompete agreements
Arbitration agreements
General release and severance agreements
Incentive and discretionary compensation agreements and plans
Employment policies
Offer letters
Disciplinary memoranda
Performance improvement plans

Benefits & Compensation

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.

Agency Investigations & Audits

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.

Employment Counseling

Employment Policies and Agreements

Benefits & Compensation

Agency Investigations & Audits

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