Overview
The litigation of employment law matters has been on the rise. New types of claims relating to pay equity, diversity, harassment, and discrimination were the expected result of widespread legislation that expanded the scope of employment laws and extended them to more protected classes.
Disputes stemming from employee classification, the use of artificial intelligence in employment decisions, return-to-office policies, workplace accommodations and safety, and employee benefits are also increasing.
At Epstein Becker Green, our experienced Employment Litigation group defends employers of all sizes and sectors against those claims and disputes and advises employers on how to prevent them. Our employment defense attorneys have successfully litigated cases involving virtually every aspect of the employment relationship and represented clients before judges, juries, arbitrators, and administrative agencies throughout the United States.
Focusing on What Matters
Our employment defense lawyers' approach to litigation is entirely practical, based on the needs and resources of the employers we represent. Our clients count on us to separate what matters from what’s superfluous, and to defend their interests while working within their financial and operational constraints. We help them assess the real-world business consequences of litigation, and plan accordingly.
Interpreting New Legislation
In employment law, the legislative landscape is constantly shifting, and failure to comply with each new rule can attract the attention of the plaintiffs’ bar, too often leading to ruinous class actions. Especially for employers with nationwide footprints, the rules from state to state are imprecise and difficult to interpret. We help employers navigate the gray areas, and when litigation occurs, we defend them in all jurisdictions.
Willingness to Go to Trial
Our reputation in the courtroom precedes us. While employment lawsuits do not often go to trial, there is nonetheless a clear advantage to having a law firm prepared to do so. Plaintiffs’ groups nationwide know us well, and they afford us the sort of deference that encourages settlements and prevents trials.
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Focus Areas
Services
- ADA and Public Accommodations
- Class Actions
- Diversity, Equity & Inclusion Counseling
- Employment, Labor & Workforce Management
- Executive Compensation
- Financial Services Litigation
- Health Care Litigation
- Labor Management Relations
- Litigation & Business Disputes
- Pandemic Workforce Issues
- Pay Equity
- Remote and Hybrid Work
- Trade Secrets & Employee Mobility
- Wage and Hour
- Whistleblowing and Compliance
- Workplace Investigations
Industries
Experience
- Defended a major retailer in a case involving allegations of racial discrimination, hostile work environment, and retaliatory discharge, in which the plaintiff asked for the statute of limitations to be “equitably tolled,” i.e., extended because of a delay beyond his control. Our Employment Litigation attorneys obtained dismissal on the grounds that the plaintiff did not take prompt action after the delay ended.
- Convinced a federal judge to deny the plaintiff’s motion for class certification on claims that a staffing company did not timely pay final wages to more than 1,000 terminated employees in California.
- Ended a disability discrimination suit against a major retail client brought by a former employee who claimed that after undergoing back surgery, our client ignored needed work restrictions against heavy lifting or carrying and assigned him tasks that included lifting heavy objects. Our lawyers successfully filed to dismiss for failure to state a plausible claim for relief.
- Successfully arbitrated an employment action seeking $5 million in liquidated damages and an additional $25 million in actual damages against an individual who was sued by the prospective employer for not joining that firm, in a claimed breach of contract. We argued the employer’s liquidated damages clause was an unlawful restrictive covenant that proved the employer had no provable actual damages. In a complete victory for our client, no damages were awarded.
- Represented a communications client in a nationwide collective action in which installation technicians alleged off-the-clock work. Though plaintiffs initially sought a multimillion-dollar settlement, our lawyers convinced the federal court to decertify, which compelled the two remaining plaintiffs to settle for a small fraction of their initial demands.
- Defeated a lawsuit brought against a national pharmaceutical company alleging retaliatory discharge for protected whistleblowing. Our attorneys persuasively demonstrated that the employee was discharged for reasons unrelated to the complaint and the employee voluntarily dismissed the lawsuit with prejudice.
- Defeated reverse discrimination claims against a financial services firm. The day after our attorneys took the plaintiff’s deposition, the plaintiff voluntarily dismissed his case and received nothing.
- Defeated discrimination and retaliation claims filed by a former server in the New York State Division of Human Rights against a restaurant operator client. Our client wished to go to trial to be completely vindicated. After a four-day hearing and a lengthy post-trial briefing, the administrative law judge ruled completely in our client’s favor.
- Defended an industry-leading real estate owner and management firm against sexual harassment and emotional distress claims. We helped our client avoid a jury trial by enforcing an arbitration agreement and then won dismissal in arbitration through cross-examination showing that the plaintiff was not credible and had altered key diary entries logging alleged incidents of harassment and reports to the employer.
- Obtained a temporary restraining order in state court and leveraged firm contacts to pursue criminal sanctions through the U.S. Attorney's Office against a former independent contractor of a global telecommunications company. The contractor, who was separated from the company, engaged in a campaign of sending harassing, threatening, and disparaging emails and text messages to the company. Once we initiated litigation, the contractor ceased his harassing conduct, personal safety was restored, and business relationships remained unharmed.
Contacts
- Member of the Firm
- Board of Directors / Member of the Firm
- Member of the Firm
Media
Events
Upcoming Events
Past Events
Insights
Insights
- BlogsSpilling Secrets Podcast: Wizarding and the World of Trade Secrets2 minute read
- Firm Announcements
Eighteen Epstein Becker Green Attorneys Named to the 2024 New York Super Lawyers and Rising Stars Lists
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- Firm Announcements
Two Epstein Becker Green Attorneys Named to the 2024 Connecticut Super Lawyers and Rising Stars Lists
8 minute read - Blogs
Mastering Legal Writing: Elevate Your Written Advocacy – Speaking of Litigation Video Podcast
35 minute read - Media CoveragePaul DeCamp Advocates for Restaurant Groups in Fifth Circuit Tipped Wage Rule Dispute2 minute read
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- Firm AnnouncementsEpstein Becker Green Continues Expansion in Portland, Strengthens West Coast Foothold with New Employment Law-Focused ...4 minute read
- Firm Announcements
Four Epstein Becker Green Attorneys Named to the 2024 Massachusetts Super Lawyers and Rising Stars Lists
8 minute read - BlogsVideo: DOL Authority Challenged - Key Rulings on Overtime and Tip Credit - Employment Law This Week3 minute read
- Firm AnnouncementsLawdragon Again Names Adam S. Forman as a “Leading Corporate Employment Lawyer”2 minute read
- BlogsSpilling Secrets Podcast: After the Block - What’s Next for Employers and Non-Competes?2 minute read
- Media CoveragePaul DeCamp Quoted in “5th Circuit Signs Off on DOL’s Overtime Salary Basis Test”3 minute read
- Media CoveragePaul DeCamp Quoted in “What Employers Need to Know Now That the 80/20 Tip Credit Rule Has Been Overturned”4 minute read
- Media CoveragePaul DeCamp Quoted in “Punching In: DOL’s Summer of Enforcement Efforts on Tipped Wages”4 minute read
- Media Coverage
Paul DeCamp, Kathleen Barrett Featured in “Law360's Legal Lions of the Week”
1 minute read - Media CoverageKathleen Barrett Quoted in “3 Tips for Navigating Tip Credit Rule's Demise”3 minute read
- Firm Announcements
Epstein Becker Green Earns Finalist Spots in New Jersey Law Journal's 2024 Legal Awards: Celebrating Excellence in ...
4 minute read - Media CoveragePaul DeCamp Quoted in “Fifth Circuit Strikes Down DOL Tip Credit Rule”4 minute read
- Media CoveragePaul DeCamp Quoted in “Business Assault on DOL Judges Begins with Whistleblower Claims”3 minute read
- Publications#WorkforceWednesday: Courts Side with Employers – Tip Credit Rule and Non-Compete Ban Struck Down Nationwide3 minute read
- Media CoveragePaul DeCamp Featured in “Former DOL W&H Head Talks Shop on Agency Rulemaking”11 minute read
- Media CoveragePaul DeCamp Quoted in “5th Circuit Tosses DOL’s Tip Credit Final Rule”5 minute read
- Media CoveragePaul DeCamp Quoted in “5th Circ. Strikes Down DOL Tip Rule”3 minute read
- Media CoveragePaul DeCamp Quoted in “Tipped Worker Downtime Wage Rule Vacated by Fifth Circuit”2 minute read
- Firm Announcements
Adam S. Forman Named to the 2024 Michigan Super Lawyers List
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- Blogs
Making the Lawyer-Client Relationship Work in Challenging Litigation – Speaking of Litigation Video Podcast
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- BlogsSpilling Secrets Podcast: Can FTC’s Non-Compete Ban Survive Without Chevron Deference?2 minute read
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- Media Coverage
Paul DeCamp Quoted in “What Employers Can Expect Following the End of Chevron Deference”
3 minute read - BlogsVideo: Chevron Deference Overturned - Employment Law This Week4 minute read
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- Media Coverage
Stuart Gerson Quoted in “FDA’s Lab Developed Test Rule Could Be First Check on Agency’s Power Post-Chevron” ...
3 minute read - PublicationsElectronic Signatures: The Next Battleground for Employee Arbitration Agreements with Class Action Waivers2 minute read
- Media CoverageKevin Sullivan Quoted in “PAGA Compromise Gets Divided Response”5 minute read
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- Blogs
California Governor’s PAGA Deal: What Employers Need to Know - Employment Law This Week
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- Media Coverage
Paul DeCamp Quoted in “The Supreme Court Discards Chevron Doctrine, Unleashing a Threat to Biden's Climate Policies” ...
7 minute read