Employment Law

Glast, Phillips & Murray’s Employment Law practice group has comprehensive experience in employment law, employee benefits, restrictive covenants and executive compensation. We advise both small and large employers and litigate a broad range of legal issues that touch upon the workplace. Our Employment Law encompasses a wide variety of multifaceted employment matters involving management counseling, contracts, consulting and training. We counsel our clients on employee hiring and firing issues; prepare and update employee handbooks; prepare employment agreements, including restricting competition and solicitation agreements; prepare agreements to protect confidential information and trade secrets; train client company management and other employees on sexual and other harassment; and advise clients on wage and hour, overtime, exempt/non-exempt employee, and independent contractor/employee determination issues. Our clients also receive expert advice and representation in connection with arbitration, litigation and administrative proceedings. We represent clients in litigation related to employment agreements, including restricted competition, restricted solicitation, confidential information, and trade secret obligations. Our Employment Law attorneys advise management regarding investigation of sexual harassment, discrimination and retaliation claims. We also represent a large docket of clients in EEOC and Texas Workforce Commission proceedings as well those in federal and state court litigation. Our lawyers in this practice area also routinely counsel employers on a variety of preventive measures designed to avoid litigation of employment disputes.

We advise executive and professional employees in complex matters involving employment contract negotiations; termination and severance circumstances; negotiating compensation and other benefits in connection with employment termination; and the complex issues surrounding discrimination, wrongful discharge and various other matters.

General Employment Law

Our representation encompasses involvement in all aspects of general employment counseling. Members of the labor and employment practice group advise, represent and defend businesses on all aspects of labor and employment, compensation and employee benefits, and other internal and external staffing and human resources matters. Our labor and employment practice represents clients from a diverse range of industries, including manufacturing, health care, retail, real estate, technology, insurance, energy, accounting and financial services, consulting, and others. Our attorneys' experience encompasses the representation of both governmental and nongovernmental, domestic and international, regional and national, for profit and nonprofit, publicly and privately-held for profit and nonprofit business and other management clients of varying sizes.

Management Representation & Advice

Members of the firm provide a full range of human resources and employment related management counseling, services and advice for employers, boards of directors and management teams, and other business and management clients.

Our engagements encompass both the ordinary and the extraordinary human resources matters. Our business and management clients call upon the attorneys practicing in our labor and employment practice group for practical assistance in responding to workplace disasters, workplace violence, business distress, corporate compliance or internal control, time sensitive performance, internal investigation or job termination, or other emergent human resources related business situations.

In addition, our attorneys also provide ongoing representation and assistance to management on an ongoing or as needed basis about design and administration of human resources, employee benefits, staffing and other management and internal controls. Our attorneys advise clients about compliance and risk mitigation under the ADA, FMLA, USERRA, ADEA, Title VII, Davis Bacon and other government contracting, FLSA and other wage & hour, ERISA, COBRA, Internal Revenue Code and other federal and state income, employment and other tax; unemployment, OSHA and workplace safety, worker's compensation, I-9 and other immigration; and other federal and state laws.

We help clients design and implement human resources and other practices to manage employee performance and other related legal and operational risks. We also advise, assist clients to respond to operational and legal risks arising in connection with workforce and other business reengineering, reductions in force, business sales, mergers, acquisitions, insolvencies, constrictions, bankruptcies, and other business transactions and changes.

Our representation of management clients includes helping clients with the design, conduct and defense of background and internal investigations, compliance and risk audits; ethics and corporate compliance policies and programs, internal controls and other management controls and practices; FMLA and other leave and absentee management programs; workforce credentialing, recruitment; performance assessment and management; hiring and firing; employee discipline; EEOC and other federal and state employment discrimination, sexual harassment, and other employment discrimination matters; prevention and defense against whistleblower, retaliation, and other wrongful discrimination charges; FLSA and other wage & hour practices; bonus; overtime; paid time off (PTO); FMLA, military leave, sick and disability leave, and other leave and absentee policies and management, equity and other incentive compensation, and other compensation arrangements; qualified and nonqualified pension, profit-sharing, health and welfare, and other employee benefit and ERISA matters; OSHA & workplace safety; promotion; succession planning and leadership development; nonsubscription and other occupational injury and worker's compensation concerns; Sarbanes-Oxley internal controls and other human resources and employee benefits related securities compliance and disclosure requirements; privacy and data security concerns; employment and other tax matters; noncompetition, non-solicitation, trade secret, licensing, and other restrictive covenant and intellectual property concerns; I-9 compliance; ex-patriate employment and employee benefit; subcontractor, employee leasing, professional employment organization (PEO), independent contractor, subcontractor, outsourcing, consulting, and other services contracts and arrangements; union organization, labor contract negotiation, arbitration and other traditional labor matters; federal and state regulatory compliance, federal and state legislative and public policy matters, and other staffing and human resources and risk management concerns.

Attorneys in our labor and employment group also regularly draft, review and advise management and other business clients about executive and other employment agreements, employment agreements, employee leasing agreements, payroll services agreements, consulting agreements, subcontractor agreements, outsourcing agreements, insurance agreement, noncompetition, data security, privacy, nondisclosure and confidentiality agreements, severance plans, severance and separation agreements, settlement agreements, employment practices liability, occupational injury, and other insurance contracts, indemnification agreements and other contracts. We also assist clients to design, draft, review, interpret, and enforce employee handbooks, corporate compliance and other policies, affirmative action plans, employee benefit plans, medical staff bylaws and peer review procedures, document retention policies and procedures, and other employment related policies and documentation.

Members of our labor and employment group also conduct sexual harassment, internal controls, consumer driven health care, diversity, and other risk management and compliance training for boards of directors, management, staff and others.

We represent and defend businesses and management in litigation, mediation, arbitrations, and other related activities relating to employment, employee benefit or other staffing and services matters adverse to employees, service providers, liability and other service providers, and other private and public parties. We also counsel and defend businesses and their management, employee benefit plans, and their fiduciaries against federal and state governmental audits, investigations and regulatory enforcement actions by the IRS, EEOC, Office of Civil Rights, the VA, the Wage & Hour Board, OFCCP, OSHA, the Employee Benefit Services Administration, the Pension Benefit Guarantee Corporation, the Texas Commission on Human Rights and other federal and state civil rights agencies, SEC, Department of Justice, Attorneys General, Congress and state legislative bodies, and other federal and state regulators.

Representation of Executives & Professionals

Several attorneys practicing with our labor and employment practice group are experienced in assisting executives and professionals with the interpretation, negotiation and enforcement of employment contracts, noncompetition and related agreements, separation and settlement agreement, benefit and compensation arrangements, fiduciary and other responsibilities and other employment related commitments. Members of the firm also represent and defend board members, executive employees, and professionals in connection with governmental prosecutions, investigations, and enforcement actions. We also defend and counsel executives and professionals in litigation, mediations, arbitrations and other disputes with other private parties arising from or relating to their employment.

Certain members of the firm also have extensive experience advising and representing physicians and other health care providers, in medical staff bylaw, peer review, employment and other services related matters.

Representation of Employment Services Organizations

Several members of the labor and employment practice group have extensive experience advising and representing staffing, employee leasing, professional employment organizations (PEO), recruiting, payroll services, background investigation, human resources and employee benefit consultants and service providers, outsourcers, and other employment services vendors about contracting, operations, compliance, insurance, employee benefit, tax, corporate, litigation, enforcement, and other matters.

Certain members of the firm also have extensive experience advising and defending physicians and other health care professionals in credentialing and peer review, employment and other services contract, licensing, and related matters.

Employment Related Litigation, Mediation, & Arbitration

Members of our labor and employment practice group regularly represent clients in federal and state civil, criminal and bankruptcy courts, as well as proceedings before various administrative tribunals, federal and state agencies, in mediations, arbitrations, proceedings of various international judicial or regulatory agencies, and other proceedings.

 

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