Home Home About Us Practice Areas Our Attorneys Press & Publications Events Diversity Pro-Bono Careers Advertising, Marketing & Promotions Benefits & Compensation Corporate Digital Media, Technology & Privacy Entertainment, Media & Sports Insolvency, Creditors’ Rights & Financial Products Intellectual Property Labor & Employment Litigation private client Services Real Estate Taxation
FOLLOW US:

As the preeminent law firm to clients in diverse service industries, Davis & Gilbert attorneys have developed an unmatched expertise in devising and managing the labor and employment practices unique to these service businesses. We provide effective guidelines to help clients operate within the complex web of federal and state employment laws when making business decisions that affect employees on all levels of the organization. We also provide ongoing guidance to help clients steer clear of potential employee-related liability issues. As a testament to the firm’s strength in handling the full range of labor and employment-related issues, the practice has earned a ranking in the category New York: Labor & Employment by Chambers USA: America’s Leading Lawyers for Business for five consecutive years (2013-2017). The Legal 500 United States has also ranked Davis & Gilbert for Labor and Employment: Workplace and Employment Counseling for five consecutive years (2013-2017). In addition, the practice was recognized by “Best Law Firms” by U.S. News & World Report – Best Lawyers® in the category “Employment Law - Litigation” for five consecutive years (2014-2018) both nationally and in New York City Metropolitan, and in the “Employment Law - Management” category for five years in New York City (2014-2018) and three years nationally (2016-2018).

THE DAVIS & GILBERT ADVANTAGE
Davis & Gilbert’s innovative solutions to both routine and sophisticated employment concerns increasingly has made us the “go-to” firm for businesses of all kinds seeking to protect their best interests while providing a desirable environment for employees. We are also particularly well-known for helping clients in service industries navigate special employment challenges that involve all kinds of issues including how to best protect a business’s most important assets – its people. Our attorneys have extensive experience in executive contracts, restrictive covenants, unfair competition, trade secrets, discrimination, retaliation, policy drafting and employee classifications. Our attorneys regularly assist clients with labor relations issues and collective bargaining agreements and frequently deal with the Screen Actors Guild, American Federation of Television and Radio Artists, American Federation of Musicians, Writers Guild and Directors Guild in various matters.

OUR CLIENTS
Davis & Gilbert represents more clients than any other law firm in advertising, marketing, communications, media, entertainment, technology, and other talent-based industries. The employment advice that we provide to the marketing communications sector applies equally to all service industries and, consequently, our employment practice has increasingly expanded to advising clients in the financial services (including numerous hedge funds), fashion, publishing and hospitality industries. We serve clients in every state, from start-up and emerging businesses to global holding companies with tens of thousands of employees worldwide. Our department represents employers across all industries as we resolve critical issues expeditiously and implement best practices policies to avoid future problems.

OUR PRACTICE
We encourage our clients to shelter themselves from liability exposure by practicing “preventive management,” which involves implementing employer/employee education, procedures and documentation, particularly during reductions in force and complex terminations. Our attorneys work with clients to establish and maintain daily compliance with regulatory requirements in all areas of discrimination, sexual harassment and wage and hour issues. We understand the business needs of our clients and craft solutions that work from legal, operational and practical standpoints, particularly in handling daily labor and employment issues. In addition, our attorneys frequently conduct lectures and interactive training sessions for clients in all industries on a multitude of employment topics and issues, including sexual harassment, the intersection of social media and the workplace, confidentiality and restrictive covenant obligations, wage and hour and independent contractor classifications, arbitration and class action waivers and managing leaves.

DISPUTE RESOLUTION
It is inevitable that some disputes arise despite all best efforts. Davis & Gilbert has earned a winning record in the full range of employment-related litigation, including cases involving federal and state anti-discrimination laws (including the ADEA, the ADA, Title VII and FMLA and their state and local counterparts), WARN Act, Fair Labor Standards Act and state wage and hour laws, ERISA and whistleblower claims. We are also a leading firm for litigating restrictive covenants. We have repeatedly demonstrated an ability to break impasses and minimize client damages, and we also have been able to resolve an increasing number of client disputes outside of court with alternative dispute resolution through arbitration and mediation. Our approach to mediation has resulted in numerous successful and cost-effective outcomes for our clients.

REPRESENTATIVE ISSUES ADDRESSED ON BEHALF OF OUR CLIENTS INCLUDE:

Advice & Counsel
  • Employee and labor relations
  • Compliance with race, age, disability, family and medical leave and other anti-discrimination and labor laws
  • Compliance with wage and hour laws
  • Sexual harassment policies and seminars
  • Counseling and training regarding the use of social media and online activities in the employment and hiring context and related employee confidentiality obligations
  • Whistleblower and retaliation claims
  • Termination and post-termination
  • Reductions in force, mass layoffs and plant closings
  • Design and review of employment manuals and policies
  • Contractual issues and benefits unique to investment banking, hedge funds and other financial institutions
  • Classification of workers as employees or independent contractors -- especially in the advertising, marketing, media, entertainment and technology industries
  • Screen Actors Guild, American Federation of Television and Radio Artists, American Federation of Musicians, Writers Guild and Directors Guild
  • Collective bargaining
  • Compliance with the National Labor Relations Act
  • Federal litigation/civil rights defense
  • Fiduciary relationships, unfair competition, restrictive covenant and trade secrets
  • Confidential information, remedies available when employees leave and make improper use of specialized knowledge gained in their previous employment, post-employment competition
  • Temporary restraining orders and preliminary and permanent injunctions involving:
    • Fiduciary duty and misappropriation of corporate opportunities
    • Enforceability of restrictive covenants
    • Enforceability of non-raiding and non-solicitation agreements
    • Contractual restrictions on executive's post-termination activities, whether in employment agreements, deferred compensation plans or stock option plans 
  • Information system policies, including email and blogs
  • Compliance with OFCCP and Davis-Bacon regulations
  • Design of ADR policies, including mandatory arbitration agreements and class action waivers
Executive Compensation
  • Plan and design of executive compensation packages and employment agreements
  • Incentive compensation, stock-based plans and phantom stock arrangements
  • Executive negotiations for favorable compensation, benefits and perquisites
  • Non-competition and related restrictions
  • Attracting, retaining and providing incentives to key employees
Employment-Related Litigation
  • Title VII of the Civil Rights Act of 1964 discrimination and retaliation
  • Age Discrimination Employment Act
  • Sarbanes-Oxley Act
  • Fair Labor Standards Act and wage and hour litigation
  • Commission disputes
  • Equal Pay Act
  • Americans With Disabilities Act
  • Family and Medical Leave Act
  • National Labor Relations Act
  • State statutes governing the employment relationship and discrimination
  • Non-statutory claims, including wrongful termination, breach of contract, interference with contractual relations and libel and slander
CONTACT US

For more information on the Davis & Gilbert’s Labor & Employment Practice, please contact:

Gregg A. Gilman
212.468.4840
ggilman@dglaw.com

Howard J. Rubin
212.468.4822
hrubin@dglaw.com


OUR CLIENTS
Davis & Gilbert represents more clients than any other law firm in advertising, marketing, communications, media, entertainment, technology, and other talent-based industries. The employment advice that we provide to the marketing communications sector applies equally to all service industries and, consequently, our employment practice has increasingly expanded to advising clients in the financial services (including numerous hedge funds), fashion, publishing and hospitality industries. We serve clients in every state, from start-up and emerging businesses to global holding companies with tens of thousands of employees worldwide. Our department represents employers across all industries as we resolve critical issues expeditiously and implement best practices policies to avoid future problems.

OUR PRACTICE
We encourage our clients to shelter themselves from liability exposure by practicing “preventive management,” which involves implementing employer/employee education, procedures and documentation, particularly during reductions in force and complex terminations. Our attorneys work with clients to establish and maintain daily compliance with regulatory requirements in all areas of discrimination, sexual harassment and wage and hour issues. We understand the business needs of our clients and craft solutions that work from legal, operational and practical standpoints, particularly in handling daily labor and employment issues. In addition, our attorneys frequently conduct lectures and interactive training sessions for clients in all industries on a multitude of employment topics and issues, including sexual harassment, the intersection of social media and the workplace, confidentiality and restrictive covenant obligations, wage and hour and independent contractor classifications, arbitration and class action waivers and managing leaves.

DISPUTE RESOLUTION
It is inevitable that some disputes arise despite all best efforts. Davis & Gilbert has earned a winning record in the full range of employment-related litigation, including cases involving federal and state anti-discrimination laws (including the ADEA, the ADA, Title VII and FMLA and their state and local counterparts), WARN Act, Fair Labor Standards Act and state wage and hour laws, ERISA and whistleblower claims. We are also a leading firm for litigating restrictive covenants. We have repeatedly demonstrated an ability to break impasses and minimize client damages, and we also have been able to resolve an increasing number of client disputes outside of court with alternative dispute resolution through arbitration and mediation. Our approach to mediation has resulted in numerous successful and cost-effective outcomes for our clients.

REPRESENTATIVE ISSUES ADDRESSED ON BEHALF OF OUR CLIENTS INCLUDE:



Advice & Counsel
  • Employee and labor relations
  • Compliance with race, age, disability, family and medical leave and other anti-discrimination and labor laws
  • Compliance with wage and hour laws
  • Sexual harassment policies and seminars
  • Counseling and training regarding the use of social media and online activities in the employment and hiring context and related employee confidentiality obligations
  • Whistleblower and retaliation claims
  • Termination and post-termination
  • Reductions in force, mass layoffs and plant closings
  • Design and review of employment manuals and policies
  • Contractual issues and benefits unique to investment banking, hedge funds and other financial institutions
  • Classification of workers as employees or independent contractors -- especially in the advertising, marketing, media, entertainment and technology industries
  • Screen Actors Guild, American Federation of Television and Radio Artists, American Federation of Musicians, Writers Guild and Directors Guild
  • Collective bargaining
  • Compliance with the National Labor Relations Act
  • Federal litigation/civil rights defense
  • Fiduciary relationships, unfair competition, restrictive covenant and trade secrets
  • Confidential information, remedies available when employees leave and make improper use of specialized knowledge gained in their previous employment, post-employment competition
  • Temporary restraining orders and preliminary and permanent injunctions involving:
    • Fiduciary duty and misappropriation of corporate opportunities
    • Enforceability of restrictive covenants
    • Enforceability of non-raiding and non-solicitation agreements
    • Contractual restrictions on executive's post-termination activities, whether in employment agreements, deferred compensation plans or stock option plans 
  • Information system policies, including email and blogs
  • Compliance with OFCCP and Davis-Bacon regulations
  • Design of ADR policies, including mandatory arbitration agreements and class action waivers
Executive Compensation
  • Plan and design of executive compensation packages and employment agreements
  • Incentive compensation, stock-based plans and phantom stock arrangements
  • Executive negotiations for favorable compensation, benefits and perquisites
  • Non-competition and related restrictions
  • Attracting, retaining and providing incentives to key employees
Employment-Related Litigation
  • Title VII of the Civil Rights Act of 1964 discrimination and retaliation
  • Age Discrimination Employment Act
  • Sarbanes-Oxley Act
  • Fair Labor Standards Act and wage and hour litigation
  • Commission disputes
  • Equal Pay Act
  • Americans With Disabilities Act
  • Family and Medical Leave Act
  • National Labor Relations Act
  • State statutes governing the employment relationship and discrimination
  • Non-statutory claims, including wrongful termination, breach of contract, interference with contractual relations and libel and slander
CONTACT US

For more information on the Davis & Gilbert’s Labor & Employment Practice, please contact:

Gregg A. Gilman
212.468.4840
ggilman@dglaw.com

Howard J. Rubin
212.468.4822
hrubin@dglaw.com