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Labor and Employment
We help employers adapt to rapid innovation, increasing consolidation, a mobile workforce and other changes shaping local and global employment markets.
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Global Overview
Of all contributors to the global economy, the work of human beings is the greatest. Managing employees and contractors is also the most challenging of tasks, as employers around the world grapple with advances in technology, rapidly developing geopolitical events, and a workforce that demands more from the organizations and businesses to which they contribute their time and energy.
With hundreds of labor and employment lawyers qualified in dozens of jurisdictions and screened for quality and responsiveness, Ally Law is a powerful legal resource for employers. Our geographic breadth means that we have experts on the ground, where and when you need them.
The Ally Law Advantage
Working with lawyers from across member firms and jurisdictions, we provide coordinated, cost-effective counsel and customized, strategic services in the following areas, among others:
- Business immigration
- Contract drafting, negotiation and review
- Employment policy and procedure documents
- Regulatory compliance
- Management-side labor relations
- Employment litigation, arbitration and mediation
Our CLients
Ally Law’s Labor and Employment Group provide strategic employment counsel and litigation services for large corporations, mid-sized businesses, government agencies and non-governmental organizations (NGOs) in every region. With deep, firsthand understanding of local employment issues, and well versed in the laws and regulations of countries on every continent, we are proactive in helping clients understand, influence and respond to the latest developments in labor and employment law.
Leaders
Resources
Labor Strike Negotiations
Obermayer Labor and Employment partner Melissa Atkins was interviewed by Scripps News about the United Auto Workers strike and the subsequent layoff of thousands of workers.
Latinx Employee Privacy
Ally Law’s Latinx member firms are pleased to provide this jurisdiction-by-jurisdiction guide to the region’s employee privacy laws.
Discrimination Settlement Q&A
In this video, Edwin Coe Employment Partner Emma Sangeelee discusses how to reach an effective discrimination settlement.
Vorys on Labor
Ohio and Texas member, Vorys, created a blog on recent legal developments of interest to labor professionals in both the public and private sector.
News
The Fair Work Legislation Amendment Act 2024 commenced on 27 February 2024, introducing a suite of significant workplace relations reforms.
On April 20, 2024, New York lawmakers finalized their $237 billion fiscal year 2024-2025 budget.
The Full Bench of the Fair Work Commission has published its latest decision on the minimum pay rates for aged care workers, signaling the increase of the minimum rates of indirect care workers and the further increase of the minimum rates of direct care workers.
Rejecting lower court decisions that required employees to show “material,” “serious,” “significant,” or “substantial” harm, the Court held that employees need only show that a job transfer caused them “some harm” with respect to an identifiable term or condition of employment.
On April 23, 2024, the Federal Trade Commission (FTC) announced a new rule that it is an unfair method of competition—and therefore a violation of Section 5 of the FTC Act—for employers to enter into non-compete clauses with workers.
The U.S. Department of Labor (DOL) has issued a final rule that significantly raises the required salary threshold for many salaried exempt employees starting July 1, 2024.
The principle of dual discrimination (or ‘combined discrimination’) has been lying dormant in the Equality Act 2010 (EqA 2010) since the legislation was drafted.
A hostile work environment is created when an employee experiences workplace harassment or discrimination that is pervasive and severe enough to affect their ability to work.
Services
We advise clients in jurisdictions worldwide and across the spectrum of federal, state and local employment laws, including:
Compliance counseling and advice, including federal, state and local employment laws focused on the following:
- Family and medical leave and disability rights
- Fair labor practices and wage-and-hour laws
- Anti-discrimination
- Sexual harassment
- Visas, pathways to citizenship and other immigration matters
- Employee benefits and executive compensation
Employment policies and contracts, including:
- Employee handbooks and policies
- Employment and noncompete agreements
- Confidentiality and nondisclosure agreements
- Internal investigations
- Drug-testing policies
- Trade secret and intellectual property protection
- Independent contractor agreements
- Severance and separation agreements
- Reduction-in-force and layoffs
Litigation and administrative representation.
We routinely work with clients to minimize the likelihood of disputes with employees and relevant government agencies. We regularly conduct litigation-avoidance audits on issues such as anti-discrimination, wage and hour, recordkeeping and safety/health, and provide training workshops for management and supervisors in employment law compliance to minimize exposure.
Despite preventive measures, litigation is sometimes unavoidable. When employers face government agency investigations, audits, hearings or litigation, our Labor and Employment Group provides aggressive, practical and experienced representation in the following, among other areas:
- Discrimination, retaliation and sexual harassment
- Wrongful discharge
- Wage and hour claims, including overtime, commission, severance and vacation pay disputes
- Breach of contract
- Defamation
- Class-action claims
- Privacy and free speech
The labor and employment lawyers at Ally Law member firms also have expertise in labor relations. We are committed to providing management with practical business approaches for maintaining a union-free environment while also avoiding interference from regulatory agencies in both union and non-union settings. Our goal is to enable clients to create an employee-relations climate that maximizes recruiting, retention, productivity, quality and service, and eliminates exposure to the expanding range of employment law liability.
Rankings
Chambers Latin America ranks the top lawyers and law firms in 19 jurisdictions, spanning Mexico, Central America and the Caribbean, as well as all Spanish-speaking countries in South America. Some member Labour and Employment highlights from the 2023 guide include:
PPO Abogados (Bolivia), ranked Band 1, represents high-profile clients in administrative and judicial proceedings relating to individual and collective dismissals, and trade union disputes. With a multi-city presence, the acclaimed team regularly assists with labour aspects arising from corporate reorganisations, including transfer of employees and the implementation of internal policies and social security and immigration matters. One client commented “PPO Abogados is remarkable for its broad, multidisciplinary, and diverse team. It includes young lawyers with great creativity and proactivity, working together with seasoned lawyers with experience and knowledge.” Ranked in Band 1, Alejandro Pemintel is described as “very hands-on…with good involvement in matters and knows how to manage the team, mastering Bolivian law very well and offers high-level advice.”
Rodrigo Montellano is ranked as a Star Associate and Associates to Watch include: Meliza Aliaga, Luz Marina Iriarte and Luis Enrique Pérez.
ROBALINO (Ecuador), ranked Band 3, has a dynamic labour practice with a solid track record providing advice on collective bargaining, health and safety regulations and social security issues. The team has a strong dispute resolution practice, regularly handling mediation and litigation pertaining to cases of alleged unfair dismissal. Luis Carlos Fernández, Band 3, is described as having “a strong professional with extensive knowledge and expertise in the labour area.”
The Chambers USA Guide ranks the top lawyers and law firms across the USA. Members ranked in the most recent guide:
Varnum LLP (Michigan) Band 4, Employee Benefits & Executive Compensation, has an experienced team advising on the drafting and administration of a wide variety of benefit programs, advising on pension plans, ERISA matters, ESOPs, healthcare and cafeteria plans, as well as counsel on contentious issues. Notable practitioners: Jeffrey DeVree is Band 3 and John Arendshorstm is Up and Coming.
Vorys, Sater, Seymour and Pease LLP (Ohio), is Band 2 in Employee Benefits & Executive Compensation, is known for its work on the establishment of benefit programs and the management of compliance, particularly in ERISA, federal and state securities laws, representation before the IRS, DOL and the Pension Benefit Guaranty Corporation. Further expertise lies in the handling of multiemployer plans, implementation of health and welfare plans, and advisement of healthcare reform. Band 3 practitioners include Anthony C Ciriaco, Christine M Poth and Jennifer Dunsizer. Elizabeth Howard is Up and Coming.
Vorys is also Band 2 in Labor & Employment, defending clients, including public sector organizations, Fortune 500 companies and local businesses in state and federal courts, spanning labor and employment matters, with a fine reputation in wage and hour class actions and in litigation pertaining to discrimination and harassment, as well as wrongful termination and retaliation allegations.
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP (North Carolina) is Band 1 in Employee Benefits & Executive Compensation is valued across the state for its benefits and compensation expertise. The team is known for advising public, private, governmental and nonprofit organizations on employment agreements, IRS compliance and the treatment of benefits programs in mergers and acquisitions.Notable practitioners include: litigator Mark Knueve, Band 2; Andrew Smith, Band 4 and Up and Coming Janay Stevens.
Smith Anderson is also Band 1 in Labor & Employment, focusing in employment litigation, labor relations and OSHA matters, employment aspects of corporate transactions, while also offering expertise in matters relating to employee benefits and executive compensation, misconduct investigations and whistleblower claims. Notable practitioners include: Kimberly J Korando (Band 1); Rosemary Kenyon (Band 2); Kerry Shad (Band 2); and Zeb Anderson (Band 2).
The Chambers Europe Guide ranks top lawyers and law firms across the European legal market. Some member highlights from the most recent edition include:
KCG Partners Law Firm (Hungary), Band 4 in Employment, advises on employment litigation, including the enforcement of non-compete agreements. The law firm advises a range of multinational clients on TUPE issues, employee benefit matters, individual and collective dismissals and harassment issues. Both in Band 4, notable practitioners include Levente Csengery and Rita Párkányi.
Hayes solicitors LLP (Ireland), Band 2 in Employment, advises multinational corporations, charities and state organisations on a range of employment matters, including the implementation of workforce reorganisations, unfair dismissal and discrimination claims, and related litigation. One client described the team as, “applying the legal requirements in a very practical and humane way.” Notable practitioners include Breda O’Malley (Band 1), and Anne Lyne (Band 2) and Niamh Cassidy, an associate to watch.
The Legal 500 UK edition analyzes the leading law firms and solicitors in the UK. London-based Edwin Coe was highlighted in employment in the most recent guide, including:
The Employment team was ranked in the areas of Employment: employers and for Employment: senior executives. One referee commented that the team are ‘Good at understanding the nuances of the case. Meet deadlines. Good communicators.” Notable lawyers include Alexandra Bonner and Emma Sangeelee (Senior Exec Employment).
The Legal 500 EMEA edition analyzes capabilities of law firms in 80 jurisdictions across Europe, Middle East and Africa. Member firms highlighted in areas of Employment in the latest guide include:
KCG Partners Law Firm (Hungary), Tier 2 in Employment caters to a host of domestic and international corporates and financial institutions on a wide range of employment law issues. US-qualified Levente Csengery is regularly instructed by multinational clients operating in the region. Rita Párkányi is an expert on all aspects of employment law, as well as labour-related data protection issues. One client reported, “KCG is composed of highly skilled individuals who hold the necessary business knowledge and understanding to support clients. The KCG team is highly agile and flexible to deliver the best legal service experience.”
Lipa Meir & Co. (Israel) is noted for its experience in the healthcare, kibbutz and, increasingly, transport sectors. Shabi Michaeli, Band 4, leads the department and has strong experience in representing corporate and public employers, and senior employees, in labour disputes before all courts and tribunals. One client comments about Up-and-coming partner Ayelet Ram, “provides employers with solutions that can be implemented at a very high level”
The Legal 500 Latin America edition analyzes capabilities of law firms in Mexico, Central America and South America. Member firms highlighted in area of employment in the most recent guide include:
PPO Abogados (Bolivia) is ranked Tier 1 and was described as “an excellent team” which clients regard as being “at the forefront of all current regulations and their interpretation.” The firm has a particularly impressive multinational client list that spans various sectors, and practice head Alejandro Pemintel spearheads advice on his specialist disciplines of organisational restructuring, crisis and conflict prevention, collective bargaining with trade unions, terminations, and dispute resolution through either litigation or arbitration. One client comments, “the professionals that PPO has are top notch. “
Robalino (Ecuador) is ranked Tier 2 for counseling high-profile domestic and foreign clients on a broad range of labour and employment matters, playing a particularly active role in mediation hearings and inspections brought by the Ministry of Labour. Led by Luis Carlos Fernández, the team has experience in complex labour proceedings, labour aspects of corporate transactions, labour policies and contracts. One client comments, “they are always willing to go beyond the expectations of the client.”