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Labor & Employment

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Diamond McCarthy’s Labor & Employment Law team combines the breadth and depth of its lawyers’ multi-national law firm backgrounds with the responsiveness and personal service of their boutique firm experiences to provide high caliber advice to employers and executives. 

The L&E team values the relationships it builds with clients, working hard to understand not only the legal issues at stake, but also the business concerns that underlie them. This deeper understanding allows the team to provide customized solutions. Our Labor & Employment attorneys provide practical, real-world advice for clients. Rather than simply answering  “yes” or “no” to questions, they provide clients an array of options, along with the risks associated with each, so that  clients can determine the best option.

Our Labor & Employment team regularly represents employers and executives in the following adversary proceedings:

Administrative proceedings before federal and state agencies, such as the Equal Employment Opportunity Commission and local human rights commissions, National Labor Relations Board, Department of Labor, Occupational Health & Safety Commission, and local workforce commissions.

Litigation in federal and state court in Texas and across the United States.

Arbitration in Texas and across the United States.

Our Labor & Employment lawyers regularly represent employers and executives in the following transactional capacities:

Counseling:  We assist employers in navigating complex employment issues, ranging from high-risk or high-profile termination decisions, managing employees with multiple protected statuses, and worker classification (e.g. employee versus contractor and exempt versus non-exempt) to protection of confidential information through confidentiality agreements and post-employment restrictions, such as non-solicitation and non-competition agreements.

Investigations: We represent executives accused of misconduct during investigations. We also serve as neutral investigators into alleged misconduct upon request of employers or their counsel.

Training: We provide a wide array of tailored training to management and non-management employees on subjects such as discrimination, harassment, managing leaves of absence and performance management.  

Asset and Stock Purchase Transactions: We represent sellers and buyers in the asset and stock purchase context. Our representations range from conducting due diligence and drafting representations and warranties on employment related issues, to preparing or reviewing the executive employment agreements being entered pursuant to the sale.

Alternative Dispute Resolution: Mark Shank, a Fellow in the College of Commercial Arbitrators as well as the College of Labor & Employment Law, also regularly serves as an arbitrator and mediator in employment as well as complex commercial litigation matters.