Practice Details

Labor & Employment

MDM&C's Labor & Employment Group is renowned not only in New Jersey but in the other states in which we practice, and has experience in all aspects of labor and employment law.  The Firm also has experienced Labor & Employment practitioners in several of its other offices, including New York, Connecticut, Pennsylvania, and Colorado. MDM&C has more than twenty years experience servicing governmental entities in the labor and employment arena.  Attorneys at the firm have handled labor and employment matters on behalf of public entities in state and federal courts as well as before the New Jersey Public Employment Relations Commission New Jersey Merit System Board, New Jersey Division on Civil Rights, Equal Employment Opportunity Commission, National Labor Relations Board, and Division of Wage and Hour.  Attorneys negotiate Collective Bargaining Agreements and provide advice with respect to issues regarding employment discrimination, sexual harassment, wrongful discharge, breach of contract, wage and hour compliance, family/medical leave, and general disciplinary matters in union and non-union work environments. 

The lawyers at MDM&C represent employers in a wide-ranging labor and employment practice.  We defend clients against various statutory claims of alleged discrimination in hiring, promotion, benefits and discharge, and common-law wrongful discharge claims.  These cases, which range from nationwide class actions to single-plaintiff suits, often have included novel constitutional, statutory, and public policy issues.  MDM&C’s clients have obtained favorable jury verdicts rejecting discrimination, and other claims brought by terminated employees.

In seeking to prevent employment problems, clients rely on our wide experience in litigation for counsel on day-to-day practices that minimize the risk of discrimination and retaliation claims, and other claims based on employment handbooks, manuals, and other written and oral representations.  Clients seek our advice on substance abuse testing, the requirements of the Civil Rights Act of 1991, the Americans with Disabilities Act, the Older Workers Benefit Protection Act, OSHA, and other statutory obligations. We advise and represent clients before federal and state courts and administrative agencies.

In the area of labor law, employers turn to our firm for representation in labor contract disputes, arbitration, picketing, strikes, organizing campaigns, plant closings, and reductions in force.  Clients employ us as principal spokespersons in negotiating collective bargaining agreements, or to act as behind-the-scenes legal and tactical advisors.  MDM&C’s labor attorneys also represent employers in unfair practice proceedings before the National Labor Relations Board and various state employer-employee relations commissions.

MDM&C has been in the forefront of employee benefits litigation in state and federal courts and regularly represents clients before the U.S. Department of Labor in issues involving ERISA.  Our attorneys who focus on employee-benefit matters represent clients in a broad range of complex cases and class-action suits in federal and state courts.  Those matters have included multi-employer plan terminations, retiree benefits terminations, PBGC subrogation claims, and hybrid suits brought by labor unions involving both pension issues and federal labor laws.

Types of Law Practiced by Labor & Employment Group

  • Advice and counseling of employers
  • Arbitration (FINRA, AAA, JAMS, NLRB)
  • Audits of Employer policies, procedures and other legal compliance matters
  • Class Actions (employment and benefits litigation) – defense
  • Collective Action
  • Collective bargaining (management)
  • Diversity Programs and EEO-1 reputing
  • Education law
  • Employee handbooks and policies
  • Employment Discrimination (management)
  • Employment litigation (defense)
  • ERISA and other employee benefits litigation (defense)
  • ERISA and other employee benefits planning, drafting, administration, and counseling
  • Executive employment contracts
  • Family/medical leave statutes both federal and various states
  • HIPAA compliance, policies, and advice
  • Internal Investigations
  • Immigration
  • Labor arbitration
  • Labor relations
  • National Labor Relations Board (including unfair labor practice cases, representation cases, injunctions and election campaigns)
  • Occupational safety and health
  • Public sector employment defense
  • Restrictive covenant litigation
  • Sarbanes-Oxley
  • Training
  • Wage and hour
  • Whistleblowing
  • Wrongful discharge