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Employment Practice

Milman Labuda Law Group believes that preventive counseling is of greater value in labor and employment law issues than in any other area of law. Accordingly, we work closely with clients to advise them on problems involving unions, discrimination, discipline, discharge or any other human resource issues. Advising employers before problems arise is one of the most important services Milman Labuda Law Group provides. We encourage clients to consult with us before difficult employment decisions need to be made. We analyze the facts and circumstances, consider the options and assess the risks. Then we make a reasoned decision and advise our clients accordingly, in furtherance of our preventive counseling approach, we work closely with clients in drafting personnel policies, employee handbooks, drug testing programs, drafting employment and separation agreements, establishing testing programs, and also conducting management training in areas of sexual harassment, EEO and union avoidance. The firm also has extensive experience in all aspects of employment litigation, including trial work, in cases arising under Title Vll of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, the Fair Labor Standards Act, the WARN Act and other federal and state laws regulating the workplace.

Wage and Hour 
Our lawyers assist clients in worker classification, overtime, meal and rest periods, “docking” and other payroll and compensation matters, and assist in the event of a Department of Labor or Division of Labor Standards enforcement audit. In addition, we handle cases in state and federal court. Our lawyers also regularly perform internal wage and hour audits for clients.

Equal Employment Opportunity Commission and State or Local Commission Charges
All types of actions brought against companies alleging discrimination against an employee and/or applicant because of an employee’s or applicant’s race, color, religion, sex, age, national origin, marital status, sexual orientation, disability, etc., are handled by lawyers in our firm. We find that the early involvement of counsel is important both to create attorney-client privilege and to present a consistent legal defense.

Office of Federal Contract Compliance Programs/Affirmative Action
A number of our clients provide goods and/or services to the federal government and are considered to be government contractors and/or subcontractors. As a result, the firm has developed a nationally recognized expertise in assisting clients in developing and monitoring Affirmative Action Programs and company-wide compliance efforts. In addition, we represent dents during compliance evaluations by the OFCCP and in any subsequent disputes.

Class Action Litigation
Our attorneys have been involved in numerous class/collective actions. These have involved literally thousands of class or potential class plaintiffs. Our attorneys have been successful in having class actions dismissed, limited in scope, settled, tried to conclusion, and fought at the circuit court of appeals level. Our attorneys’ experience in class action/collective action cases has involved virtually every aspect of employment discrimination as well as a variety of challenges under the Fair Labor Standards Act.

Unfair Competition, Non-Competes and Trade Secrets
We represent clients in litigation in state and federal court concerning a wide variety of claims of unfair competition, including non-competition agreements, confidentiality agreements, breach of contract claims, and various intentional torts. Our attorneys regularly draft proprietary information agreements, counsel clients regarding employee raiding issues, and assist clients to protect information upon the departure of key employees. Industries for which we have provided services relative to non-compete, non-solicitation, non-disclosure and trade secret issues and claims include: retail, telecommunications, banking, securities, healthcare, distribution and more.