Employment Law

Employment Litigation

Even the most careful employer may face discrimination charges or employment litigation at some point. Unfortunately, an employer’s abundant good faith and the absence of a discriminatory motive do not guarantee that employment decisions are immune from challenge. The best strategy is to help clients avoid discrimination charges and lawsuits. But when charges and claims are filed, our employment attorneys have the experience necessary to defend the employer, as we have handled thousands of matters before judges, juries, arbitrators, and government agencies, including numerous cases that have expanded the scope of employer rights. Taft’s attorneys have also represented clients in appeals relating to employment litigation handled by other law firms in the lower courts.

Using a cost-effective approach to employment litigation, Taft’s attorneys have defended individual, multi-party, and class action lawsuits involving claims alleging race, color, gender, national origin, age, disability, and religious discrimination and harassment; retaliation; Family and Medical Leave Act violations; Fair Labor Standards Act violations and other wage and hour claims; wrongful discharge; ERISA violations; breach of contract; torts; whistleblower claims; and various other employment-related causes of action. A primary goal is obtaining an early resolution for clients, whether that be pretrial judgment or a settlement on favorable terms. We recognize the importance of avoiding drawn-out litigation, but we stand ready for trial when necessary. Our group has had numerous successes in jury trials and bench trials in both federal and state courts.

Day-to-Day Counseling

Employers are faced with difficult decisions every day. Taft’s employment attorneys can help navigate around the many pitfalls that accompany those decisions. Likewise, our attorneys help employers comply with the constantly changing laws, regulations and court decisions that apply to the employment relationship.

Our attorneys provide strategic guidance to employers in all employment and labor areas, including hiring, firing, layoffs, discipline, leaves of absence, accommodations, promotions, pay practices, investigating employee complaints, harassment and diversity training, affirmative action plans, and drafting and review of employer policies.

Distinct from firms where separate teams handle advising and litigation, our team both offers real-time advice and represents employers in litigation before courts and various agencies. Our advice is informed by our trial experience. With a proactive approach to potential litigation, we assist our clients in creating and executing policies and decisions that are defensible and rooted in solid business acumen.

We help employers comply with the panoply of employment laws, some of which include:

• Age Discrimination in Employment Act
• Americans with Disabilities Act
• Civil Rights Act of 1866
• COBRA
• Drug Free Workplace Act
• ERISA
• Equal Pay Act
• Fair Labor Standards Act
• FMLA
• HIPAA
• National Labor Relations Act
• Non-Competes, Trade Secrets and Intellectual Property
• Occupational Safety and Health Act
• Pregnancy Discrimination Act and Pregnant Workers Fairness Act
• Prevailing Wage
• State Anti-Discrimination
• State Drug Testing laws
• State Wage & Hour and Leave Laws
• Title VII of the Civil Rights Act of 1964
• WARN
• Whistleblower Laws

Benefit Plans, ERISA Compliance and Litigation

Compliance with ERISA and the other associated employee benefit laws has never been more difficult. The laws change in material respects almost every year. In the past few years, we have seen the passage of the Affordable Care Act, Medicare Part D and significant changes to the pension laws that affect the construction and administration of both traditional defined benefit pension plans and 401(k) plans. The changes in the way claims for both pension and welfare benefits must be administered are sometimes confusing, but Taft has substantial experience in plan compliance.

Our attorneys have represented benefit plans, employers and fiduciaries in some of the largest ERISA cases across the country, in matters involving more than one billion dollars in exposure in both pension and retiree insurance types of cases. Taft’s attorneys have substantial experience in cases asserting pension plan design allegations; cash balance pension plan design claims, including claims of whipsaw, wearaway and anti-cutback; retiree insurance claims; fiduciary duty claims; issues peculiar to pension plan mergers; other claims relating to employee welfare benefit plans; issues concerning summary plan descriptions; and also claims concerning the efficacy of ERISA 204(h) notices. This experience includes both major class action cases and defense of lawsuits brought by individuals, including claims of wrongfully denied insurance and disability benefits and benefits-retaliation suits. ESOPs can present their own peculiar issues, and Taft’s attorneys have substantial experience with these as well.