- Practices
- Employment and Labor
The workplace is changing at a rapid pace. Now, more than ever, employers must be prepared to respond quickly when employment and labor issues arise. Our approach is to understand your business, and to solve your legal problems in a manner that aligns with your business goals and objectives.
What Sets Us Apart
- We align our goals with yours to become your trusted business partner, guiding you through all aspects of the employment relationship and offering you practical legal advice.
- Our counseling approach provides solutions that are developed in partnership with you.
- We understand that you need timely answers to your questions, and our approach ensures that a member of our team is available to assist you at all times of the day.
- For more than 50 years, hundreds of clients have sought our advice on public sector labor relations.
- We have negotiated hundreds of collective bargaining agreements in both the public and private sector, and have successfully represented our clients in even more grievance and arbitration hearings.
- Our preventative approach gives you unlimited access to industry articles and training on subjects ranging from sexual harassment policies to crisis management, to help you mitigate litigation and other risks.
Our Clients
Working across public and private sectors, we serve the clients in various industries, including:
- Biotech and pharmaceutical companies
- Communications providers
- Educational institutions
- Hospitals and healthcare organizations
- Hedge funds and wealth management firms
- Hotels and hospitality
- Insurance providers
- Municipalities and state and governmental entities
- Manufacturers
- Non-profit entities
- Restaurant and food service providers
- Retail
- Software and technology companies
- Startups
Training and Professional Development
We understand that we need to give back and provide value above and beyond our legal services to clients. We dedicate ourselves to offering trainings on a regular basis to keep you updated on the latest labor and employment topics. Over the years, we have trained thousands of employees on topics covering all aspects of the employment relationship. Whether we are coming on-site to your facilities or conducting training virtually via webinar, our goal is to educate you to make sound decisions and reduce overall liability. Training is tailored to you and the unique needs of your business or organization.
Our Clients
Working across public and private sectors, we serve the clients in various industries, including:
- Biotech and pharmaceutical companies
- Communications providers
- Educational institutions
- Hospitals and healthcare organizations
- Hedge funds and wealth management firms
- Hotels and hospitality
- Insurance providers
- Municipalities and state and governmental entities
- Manufacturers
- Non-profit entities
- Restaurant and food service providers
- Retail
- Software and technology companies
- Startups
Training and Professional Development
We understand that we need to give back and provide value above and beyond our legal services to clients. We dedicate ourselves to offering trainings on a regular basis to keep you updated on the latest labor and employment topics. Over the years, we have trained thousands of employees on topics covering all aspects of the employment relationship. Whether we are coming on-site to your facilities or conducting training virtually via webinar, our goal is to educate you to make sound decisions and reduce overall liability. Training is tailored to you and the unique needs of your business or organization.
Employment Counseling
When it comes to navigating complex legal and practical matters, we understand that you are not looking for “one size fits all” solutions. To that end, we take the time to understand your business goals and operations, and the pressures you face. Our thoughtful, tailored advice allows you to get back to focusing on what matters most -- your business. Our goal is to help you manage the legal risks associated with all aspects of the employment relationship in a practical and effective manner.
Our full suite of employment counseling advice covers the following topics:
- Compliance with all federal and state employment-related laws and regulation
- Harassment, discrimination, and wrongful discharge
- Crisis response related to COVID-19
- Drug and alcohol testing
- Employment contracts and separation agreements
- Employment investigations
- Hiring, evaluation, discipline and discharge of employees
- Non-competition and other restrictive covenants
- Paid and unpaid leave
- Personnel policies and employee handbooks
- Unemployment compensation
- Workers' compensation retaliation
- Workplace violence
Our full suite of employment counseling advice covers the following topics:
- Compliance with all federal and state employment-related laws and regulation
- Harassment, discrimination, and wrongful discharge
- Crisis response related to COVID-19
- Drug and alcohol testing
- Employment contracts and separation agreements
- Employment investigations
- Hiring, evaluation, discipline and discharge of employees
- Non-competition and other restrictive covenants
- Paid and unpaid leave
- Personnel policies and employee handbooks
- Unemployment compensation
- Workers' compensation retaliation
- Workplace violence
Employment Contracts and Severance Agreements
We negotiate and draft both employment and severance agreements to protect our clients’ best interests. In addition, we counsel employers on non-competition and other restrictive covenants to ensure that company intellectual property is protected. While we primarily represent employers, we also are retained on occasion by high level executives in the negotiation of their agreements. In all situations, we utilize our decades of experience to reach an agreement in a professional and respectful manner.
Workplace Investigations
The need to conduct a workplace investigation can arise in any number of situations. For example, an employer may have received a concern or complaint about workplace issues, a government or regulatory entity may be conducting an audit or review, or an employer may be aware of imminent or pending litigation. Each scenario requires a different approach and experienced counsel to mitigate further risk and reduce the employer’s liability. Shipman’s investigations lawyers stand ready to assist you in navigating sensitive investigations when they arise.
We conduct comprehensive workplace investigations for a variety of clients, including private employers, municipalities, public and private schools, and higher education institutions. Our investigative work is tailored to suit the circumstances and each client’s needs. Investigations may be performed on behalf of the client or in conjunction with the client, or we may remain behind the scenes advising clients on how to conduct the investigation while working with co-counsel or outside professionals. In the course of defending clients after litigation has commenced, either in court or before an administrative agency, we conduct investigations of the underlying facts to develop your best defenses and possible counterclaims. We maintain solid relationships and work with various types of specialized investigation services where more specific expertise is needed.
We handle the full gamut of investigations involving claims of:
- Discrimination, harassment, and retaliation
- On- and off-duty misconduct
- Falsification of time or other records
- Misuse of employer’s equipment
- Misuse of drugs or alcohol
- Hostile work environment
- Workplace bullying
- Violations of employer policies
We conduct comprehensive workplace investigations for a variety of clients, including private employers, municipalities, public and private schools, and higher education institutions. Our investigative work is tailored to suit the circumstances and each client’s needs. Investigations may be performed on behalf of the client or in conjunction with the client, or we may remain behind the scenes advising clients on how to conduct the investigation while working with co-counsel or outside professionals. In the course of defending clients after litigation has commenced, either in court or before an administrative agency, we conduct investigations of the underlying facts to develop your best defenses and possible counterclaims. We maintain solid relationships and work with various types of specialized investigation services where more specific expertise is needed.
We handle the full gamut of investigations involving claims of:
- Discrimination, harassment, and retaliation
- On- and off-duty misconduct
- Falsification of time or other records
- Misuse of employer’s equipment
- Misuse of drugs or alcohol
- Hostile work environment
- Workplace bullying
- Violations of employer policies
Discrimination, Harassment, and Wrongful Discharge
Allegations of discrimination and harassment present numerous disruptions to the workplace. To protect your business and help you navigate existing and potential claims, such as those related to the #MeToo movement, we are prepared to assist you with all aspects of risk-mitigation and harm avoidance on such matters. Our team is available to help you draft and implement policies for reducing discrimination and harassment in your workplace, so that you can focus on running your business. To mitigate your risk, we provide you with custom preventative trainings on topics such as sexual harassment prevention, professionalism in the workplace, and legal overviews for supervisors. When claims are made, we conduct thorough investigations into alleged incidents of discrimination, harassment, and misconduct in the workplace.
Collectively, our team has decades of experience in all forms of discrimination and harassment complaints, including common claims of race, sex, and age discrimination, and more infrequent claims such as pregnancy discrimination, military status discrimination, or discrimination against victims of family violence.
Regardless of the nature of the claim, we work with you to develop a litigation strategy that is appropriate for the needs of the case, as well as your related business concerns. If settlement is appropriate, we will ensure settlement is cost-effective and on favorable terms for our client. If continued litigation is appropriate, we are prepared to aggressively defend you in lawsuits in arbitrations, in state and federal courts in Connecticut and throughout the country, and before administrative agencies including the Equal Employment Opportunities Commission, the Department of Justice, the Connecticut Department of Labor, and the Connecticut Commission on Human Rights and Opportunities. We consistently obtain successful outcomes in litigations and arbitrations, including dismissals through dispositive motions, as well favorable verdicts or awards.
Collectively, our team has decades of experience in all forms of discrimination and harassment complaints, including common claims of race, sex, and age discrimination, and more infrequent claims such as pregnancy discrimination, military status discrimination, or discrimination against victims of family violence.
Regardless of the nature of the claim, we work with you to develop a litigation strategy that is appropriate for the needs of the case, as well as your related business concerns. If settlement is appropriate, we will ensure settlement is cost-effective and on favorable terms for our client. If continued litigation is appropriate, we are prepared to aggressively defend you in lawsuits in arbitrations, in state and federal courts in Connecticut and throughout the country, and before administrative agencies including the Equal Employment Opportunities Commission, the Department of Justice, the Connecticut Department of Labor, and the Connecticut Commission on Human Rights and Opportunities. We consistently obtain successful outcomes in litigations and arbitrations, including dismissals through dispositive motions, as well favorable verdicts or awards.
Wage and Hour
Sophisticated employers need dedicated lawyers who understand the complexity of wage and hour issues, and when the need arises, can defend them in related litigation and investigations. Whether you need to navigate compliance reviews, respond to a single employee claim, or defend the most challenging class action claims, we have both the capacity and commitment to help you achieve a positive outcome.
Working with employers in industries such as healthcare, manufacturing, hotel and hospitality, nonprofit, construction, and service, we start with a review of your company policies and procedures to ensure compliance with state and federal wage and hour laws. We then help you properly classify exempt and non-exempt employees, ensure that independent contractors have the necessary contracts, and make sure that compensation, timekeeping and record-keeping best practices are in place.
When confronted with litigation, our skillful wage and hour lawyers are ready to defend you in any forum. Working with you, we develop a comprehensive litigation strategy consistent with your business’ long term goals.
In addition to representing our clients, we also serve as impartial mediators in employment law claims, including complex wage and hour matters. Seeing cases from the perspective of a mediator only helps to increase our peripheral vision in identifying all angles in a dispute.
Working with employers in industries such as healthcare, manufacturing, hotel and hospitality, nonprofit, construction, and service, we start with a review of your company policies and procedures to ensure compliance with state and federal wage and hour laws. We then help you properly classify exempt and non-exempt employees, ensure that independent contractors have the necessary contracts, and make sure that compensation, timekeeping and record-keeping best practices are in place.
When confronted with litigation, our skillful wage and hour lawyers are ready to defend you in any forum. Working with you, we develop a comprehensive litigation strategy consistent with your business’ long term goals.
In addition to representing our clients, we also serve as impartial mediators in employment law claims, including complex wage and hour matters. Seeing cases from the perspective of a mediator only helps to increase our peripheral vision in identifying all angles in a dispute.
Employment Litigation
For decades, we have led our clients through numerous cases of high importance and exposure. Recently, we helped navigate successful outcomes for our clients involved in wage and hour class actions in the hospitality and service industries, with potential exposure in the millions of dollars. We routinely represent employers, from Fortune 500 to small-to-midsize, in employment discrimination and retaliation claims in federal and state courts nationwide where the potential exposure to the clients is in excess of a million dollars. In some cases, we are able to achieve outright dismissals of the claims through litigation, while in others, the claims have been withdrawn. In still other matters, we have represented clients on appeal; in one matter, our lawyers assisted a client in reversing on appeal a wrongful termination verdict in excess of $10 million.
Immigration
Employers face a rapidly changing immigration landscape. In order to recruit, hire, and retain highly skilled foreign workers, it is critical for U.S. employers to have the assistance of immigration lawyers who continuously educate themselves about the latest immigration developments. We engage in ongoing continuing legal education and maintain a reputation for responsiveness and prompt communication with our clients and the foreign nationals they wish to employ.
Labor Relations
The rise of unionization in nontraditional sectors is changing the workplace. Increasingly, employees in industries such as software, technology and higher education are organizing internally, without outside union support. This shift in union organization places significant pressure on employers to recognize the collective concerns of a modern workforce.
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