Offit Kurman’s labor and employment attorneys deliver practical solutions that help employers navigate compliance obligations, employee relations issues, and complex disputes. We serve organizations of all sizes, offering responsive support tailored to each client’s goals, culture, and operational needs.
Workplace Policies and HR Advisory
Proactive human resources planning reduces the risk of costly disputes. We work with employers to develop and implement effective workplace policies, including:
- Drafting, reviewing, and updating employee handbooks
- Advising on onboarding and termination procedures
- Counseling on employee classifications and regulatory compliance
- Assessing workplace practices to reduce risk exposure
Our counsel ensures compliance with federal and state employment laws while preparing clients to respond effectively if disputes arise. We also provide crisis management guidance when unexpected HR issues occur, helping employers choose the best course of action to mitigate risk.
Workplace Investigations
Sensitive workplace allegations, such as harassment, discrimination, or misconduct, require thorough, unbiased investigations that can withstand scrutiny from courts, agencies, or arbitrators. Our attorneys have led investigations into matters ranging from sexual assault allegations involving outside vendors to large-scale employee theft resulting in mass terminations.
Offit Kurman employment attorneys conduct thorough and impartial internal investigations into workplace allegations, ensuring legal compliance and defensibility. Attorneys evaluate investigatory processes for fairness, documentation quality, and credibility—key factors in defending against claims before agencies, courts, or arbitrators. The team also offers remedial training for management to prevent future incidents. Attorneys also partner with outside investigative services when appropriate.
We ensure investigations are:
- Conducted by qualified, impartial professionals
- Well-documented and legally sound
- Structured to minimize legal exposure, financial risk, and reputational harm
Independent Contractor Classification
Offit Kurman counsels employers on proper worker classification under federal and state law, including independent contractors. Because agencies apply different tests, the same individual may be viewed differently by the IRS, Department of Labor, unemployment authorities, or workers’ compensation boards, and employers cannot simply choose a preferred label. Our attorneys advise on tax implications, legal risks, and compliance with wage, benefit, and employment standards, including 1099 versus W-2 filing, unemployment taxes, and workers’ compensation requirements. We monitor evolving federal and state guidance and conduct detailed, fact-specific assessments to help employers avoid misclassification findings, penalties, and disputes.
Noncompetes, Restrictive Covenants, and Trade Secret Protection
Offit Kurman’s employment team drafts, negotiates, and enforces employment contracts and restrictive covenants, including confidentiality, non-solicitation, and noncompete agreements where permitted by law. Our attorneys keep clients informed as regulations evolve, ensuring agreements remain compliant and enforceable in a rapidly changing legal environment. We also counsel employers on alternative approaches to protecting business interests in jurisdictions where traditional noncompete provisions are limited or prohibited. In addition, we help identify and safeguard trade secrets through policy development, audits, and enforcement strategies, providing essential support in today’s competitive, remote, and data-driven workforce.
Workplace Compliance and Risk Management
Offit Kurman works with companies to identify and manage compliance risks involving wage and hour laws, OSHA safety standards, ADA accommodations, and paid leave requirements. We advise on employee classification and independent contractor status, overtime and minimum wage compliance, pay equity reviews, and recordkeeping under the Fair Labor Standards Act (FLSA) and state laws. Our team also assists in creating compliant policies for paid family and medical leave and multi-state workforce management.
Beyond pay and leave compliance, we help employers build safe, accessible workplaces that meet OSHA and ADA requirements. We assist with safety audits, OSHA inspections, accommodation requests, and training for managers on compliance obligations. When the Department of Labor or OSHA initiates an investigation, we provide experienced representation and practical solutions to resolve issues efficiently while protecting the organization’s interests.
Employment Litigation and Dispute Resolution
When litigation is unavoidable, Offit Kurman’s employment litigators represent employers before state and federal courts, as well as agencies such as the EEOC, NLRB, and DOL. Offit Kurman defends employers against claims involving:
- Discrimination (age, sex, race, disability, and other protected categories)
- Harassment and hostile work environment
- Wrongful termination
- Wage and hour disputes, including overtime claims
The team also litigates claims involving breach of employment agreements, misappropriation of trade secrets, and nonsolicitation and noncompete enforcement.
Our litigation strategies are tailored to each client’s business objectives, budget, and risk profile. We emphasize efficient resolution, whether through negotiation, mediation, or trial, while protecting our clients’ legal and reputational interests.
Employment Immigration
Offit Kurman’s employment immigration team helps employers and professionals navigate U.S. employment-based visa requirements. We represent U.S. companies hiring foreign talent and foreign nationals pursuing U.S. careers, handling non-immigrant visas such as H-1B, H-2A/B, L, O-1, P-1, E-1/E-2, TN, and R-1.
We also manage immigrant options, including PERM labor certification, EB-1 (extraordinary ability, outstanding researchers, multinational executives/managers), and National Interest Waivers (NIWs). From eligibility reviews to documentation and agency filings, we ensure compliance and efficiency so clients can secure needed talent and advance career opportunities in the U.S.
Management-Side Labor Relations and Union Negotiations
Offit Kurman’s labor attorneys represent employers in union negotiations by providing strategic counsel and advocacy to help management reach fair, balanced, and business-focused agreements with their workforce. We guide employers through every stage of the negotiation process, from preparing proposals and developing bargaining strategies to finalizing agreements. Our approach is centered on protecting business interests, controlling costs, and ensuring compliance with labor laws, while also promoting productive and stable workplace relationships.
ERISA and Employee Benefits
We counsel employers, nonprofits, and plan sponsors on the complex regulations that govern employee benefits and compensation. Our team advises on compliance with ERISA and related federal laws, offering practical strategies to reduce risk and maintain stability. When challenges arise, we work to resolve them efficiently and, when necessary, represent clients before federal agencies and in court. Our goal is to protect our clients’ interests while keeping their benefit plans compliant.
Experience and Collaboration
Offit Kurman employment lawyers work closely with attorneys in related practice areas, including commercial litigation, intellectual property, and business law, to provide clients with comprehensive and integrated support. This multidisciplinary approach allows the firm to address not only employment matters but the underlying business issues that often accompany them.
