Background - Practices (Details)

Labor & Employment


Today's workforce is evolving by the day. To stay ahead of the pack, businesses need lawyers whose experience-based insight reflects an awareness of future trends. With more than 40 lawyers practicing across the United States and in Europe, Crowell & Moring's Labor & Employment Group provides creative, business-oriented advice in all areas of labor and employment law.

Our team includes highly skilled litigators and effective trial lawyers. Whether employment-related disputes involve individual employees and executives, groups of employees and class actions, organized labor or government agencies, our lawyers provide aggressive and effective representation. We have a strong record of success resolving difficult disputes involving employment discrimination claims, wage-and-hour class and collective actions, trade-secret and non-compete litigation, traditional labor disputes, fiduciary duty, benefit claims and other ERISA litigation, and whistleblower retaliation claims.

As counselors, we deliver practical, effective guidance in all types traditional labor matters, including union organizing and corporate campaigns, collective bargaining negotiations, contract administration, grievance arbitration, and other labor-management relations. We understand the unique legal and public relations issues that arise during high-stakes strikes, lockouts, and other labor disputes, and develop strategies to address the issues at the heart of the disagreement while simultaneously providing effective crisis management advice.

In the area of employment law, we advise employers on affirmative action compliance and bring to bear decades of experience responding to and managing OFCCP audits and investigations.  In conjunction with the firm's government contracts practice, we provide guidance on a variety of compliance issues under the Service Contract Act. We help businesses develop and implement clear, defensible policies and procedures covering employment discrimination, diversity, sexual harassment, employment contracts (including non-compete and non-disclosure agreements), wage-and-hour issues, executive compensation and employee benefits, and individual terminations and reductions-in-force. We collaborate with our data privacy team to provide companies with comprehensive advice on data privacy and protection issues.

We provide regulatory compliance counsel across the spectrum of federal and state labor and employment legislation, including the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), the Worker Adjustment Retraining and Notification Act (WARN), and the Employee Retirement Income Security Act (ERISA). Our team includes lawyers with significant experience with the issues presented by executive compensation arrangements.

Crowell & Moring also served as co-counsel to the U.S. Chamber of Commerce for purposes of developing and submitting written testimony and comments on April 1, 2016 to the EEOC's proposed revisions to the EEO-1 report that impacts all employers with 100 or more employees. When the EEOC responded to the comments it received and issued further proposed revisions to the EEO-1 report, Crowell & Moring continued to serve as co-counsel to the U.S. Chamber of Commerce for purposes of submitting further comments, which were filed on August 15, 2016. These are the most recent examples of our group's Pay Equity Team providing thought leadership on key issues of importance to the employer community.

Among numerous highlights, our practice co-chair has been profiled in EmploymentLaw360 as a labor and employment "practice leader" and was interviewed in BNA's Federal Contracts Report for his thoughts on Office of Federal Contract Compliance Programs (OFCCP) enforcement activities. The firm's former general counsel has been highlighted in a Washington Business Journal special report, "View From the Top: Law Firm Executives," where she discussed legal trends and the firm's innovative approach to alternative fee arrangements. We couple our industry leadership with "boots on the ground" client service, and have key contacts at the Department of Labor (DOL), the Office of Federal Contract Compliance Programs (OFCCP), the Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board. We also feature members of the Labor Relations Committee of the U.S. Chamber of Commerce.