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Labor and Employment

The labor and employment lawyers at Berman Fink VanHorn are experienced in all facets of counseling and litigation. The firm represents employers in federal and state courts, arbitration and before administrative agencies such as the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL) and the National Labor Relations Board (NLRB). Specifically, our labor and employment attorneys handle discrimination and harassment claims brought under a broad spectrum of employment laws including Title VII of the Civil Rights Act of 1964, The Americans with Disabilities Act (ADA), The Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA) and other federal, state and local statutes and regulations governing the workplace. We also handle many types of other employment-related disputes, including unfair competition claims and compensation claims.

Providing preventative advice and counseling is an important aspect of our labor and employment practice. We work closely with management to ensure compliance with federal, state and local employment laws, while preserving their ability to take effective employee relations actions. As in our transactional practice, we work directly with our clients to minimize agency actions and employee lawsuits, thereby saving our clients time and money and enhancing the morale and performance of their employees.

We provide customized training and interactive counseling sessions for our clients in a wide variety of areas including, but not limited to, sexual harassment training, documentation and discipline, wage and hour compliance, trade secret and non-compete agreements and union avoidance.

Our attorneys also have significant experience in drafting agreements that can be instrumental in protecting the competitive edge of our clients' businesses and avoiding unfair competition, including agreements containing non-competition, non-solicitation, anti-piracy and confidentiality and trade secrets provisions. We are also adept at enforcing these agreements in court as well as helping clients who wish to hire employees that are subject to such agreements manage the risks attendant to doing so.

In select circumstances, our attorneys also counsel executives and other management level employees when they are making transitions in their careers and represent them in enforcing their legal and contractual rights when their employers fail to honor those obligations. We have significant experience in counseling clients concerning the enforceability of restrictive covenants in their employment agreements and obtaining relief from over broad and onerous covenants imposed on them unfairly or illegally by former employers.