Employment Practices Liability

Employment law has unique challenges

When it comes to addressing employment law issues, business can become personal.

Workplace relationships are complex and sometimes problematic. Resulting discrimination and harassment claims can be heightened by an emotional element not often found in other litigation.

We support the employer/employee relationship

The Burns White Employment Practices Liability team helps clients build a framework that supports the employer-employee relationship, and provides ongoing counseling to prevent and solve employment-related disputes. We focus on all areas of compliance, counseling, negotiation, and employment litigation, and keep abreast of the myriad of ever-changing federal, state, and local employment laws and regulations, so that our clients’ interests are protected.

“They are responsive, practical, and the right expertise for my needs.”
— General Counsel, Private University

Areas of experience

• Title VII, ADEA, and ADA laws
• Discrimination and harassment
• Fair Labor Standards Act, Family and Medical Leave Act, Equal Pay Act
• Workplace safety regulations, including OSHA
• Security and privacy laws
• Human Resources department audits
• Restrictive covenant issues
• Overall risk management
• Counseling and negotiation

Policies and agreements

We assist clients in negotiations at both the hiring and termination stages of employment. Our employment attorneys regularly review and update employment-related documents, and collaborate with lawyers from the firm’s Business Practices Group in areas such as:

• Hiring and termination policies
• Post-termination policies
• Employment policies and handbooks
• Workplace drug policies
• Confidentiality agreements
• Restrictive covenants
• Shareholder and LLC agreements
• Employment litigation

Litigation experience

We strive to anticipate issues before they become problems. In the event that a dispute arises and litigation is necessary, our team has the trial experience required to represent our client’s best interests in the courtroom. We have successfully defended employers in a variety of matters, including:

• Wrongful discharge
• Hostile work environment
• Discrimination and harassment 
• Discrimination claims
• Employment selection procedures
• Retaliation
• Non-compete and restrictive covenant litigation
• Wage disputes

Employment Law Educational Programs

We are available to provide tailored training programs for your company or trade group and counsel management and human resources staff about how law, agencies, and regulations affect the workplace. Presentations topics can include:

• Developing a pre-employment screening procedure
• Creating an effective employee handbook
• Effective workplace investigations
• Avoiding and responding to discrimination in the workplace
• Anti-harassment practices
• The Family Medical Leave Act
• Basic workers’ compensation, and how it relates to disability protections
• Wage and hour laws / Fair Labor Standards Act
• Health Insurance Portability and Accountability Act confidentiality and compliance
• Occupational Safety and Health Administration compliance and regulation
• Americans with Disabilities Act
• Same-sex benefits
• Restrictive covenants
• Social media issues

CLE credits may be available.