Labor, Employment Litigation
At Nutter our full service model allows us to bring an experienced, interdisciplinary team to our clients. Our lawyers work together as an integrated team, and we staff client matters with the right lawyers, with the right experience and skills, and deliver the best in legal services in a most efficient manner. The combination of full service firm, with all its lawyers based in Massachusetts and working closely together, allows our Labor, Employment and Benefits team to deliver consistent, high-caliber representation to our clients.
Nutter was one of the first major Boston law firms to establish a traditional labor practice. As a leader in the field, we advise many employers on a wide range of labor-management issues. Our lawyers represent both private and public sector labor clients, including educational institutions, health care providers, transportation companies, retail operations, manufacturers, energy providers, and media operations.
The labor services we provide to clients include:
- Union Avoidance: We advise clients on measures and strategies to avoid unionization, and the development of effective employee communication initiatives.
- Union Organizing Efforts, Neutrality and Card Check Agreements and Union Elections: We advise clients in responding to Union organizing drives and efforts by Unions to obtain neutrality and card check agreements. We represent clients during both private and NLRB elections, and assist clients in developing and implementing appropriate campaign strategies.
- Collective Bargaining: Our lawyers represent clients during collective bargaining negotiations with unionized workforces, and often serve as primary negotiators for clients at the bargaining table.
- Labor Arbitrations: We advise clients in responding to contractual grievances and represent clients in arbitration proceedings.
- Unfair Labor Practice Charges: We counsel clients in responding to allegations of unfair labor practices, and when necessary, represent clients in proceedings before the National Labor Relations Board.
- Strike Contingency Planning: We assist clients in developing strike contingency plans and counsel clients in responding to picketing activities. When necessary, we represent clients in obtaining injunctive relief for unlawful picketing.
- Labor Management Relations: We counsel clients on a day-to-day basis on the myriad of issues that relate to the labor-management relationship, and assist clients in interpreting their legal obligations under the NLRA.
Our lawyers continuously consult with our clients about employment related issues, and proactively seek methods and strategies for clients to reduce legal risk, and to avoid unnecessary and costly litigation. When required, however, we represent our clients on employment related litigation matters, and have a proven track record of success in such litigation. The employment law services we provide include the following:
- Personnel Policies and Practices: We advise our clients on the need for personnel policies and practices that are required by law, and/or advisable to ensure compliance with the law and reduce legal risk. In many cases, we draft policies, applications, guidelines, employee manuals, and other employment related documents for our clients.
- Employment Related Agreements: We advise clients on issues relating to the employment of key personnel, and frequently draft employment and independent contractor agreements, confidentiality, non-solicitation and non-competition agreements, and severance agreements.
- Wage and Hour Compliance: We advise clients on matters relating to federal and state wage and hour laws, draft policies relating to these laws, and represent clients during state and federal wage and hour law audits and investigations.
- Affirmative Action Plans: We counsel clients on affirmative action compliance, and draft affirmative action plans and assist clients with required statistical reporting.
- Occupational Safety and Health: We advise clients with respect to OSHA regulations and standards, assist in the development of employer policies and programs relating to OSHA, and represent clients during investigations by OSHA at employer work premises.
- Mergers, Acquisitions, Restructurings: We counsel employers on the host of employment related issues that arise in the context of mergers, acquisitions and employer restructuring, including compliance with the WARN Act, state plant closing laws and NLRA issues.
- Employment Litigation: In those cases where litigation is required, we represent employers in a wide array of employment related litigation matters. We regularly assist clients in responding to administrative charges at the state and federal level, and regularly represent clients in employment related lawsuits in state and federal courts. We also represent clients in labor related litigation before the NLRB, OSHA related litigation, and in mediations, arbitrations, and other forms of alternative dispute resolution proceedings.
Our ERISA and employee benefits lawyers provide advice and representation to sponsors and fiduciaries of employee benefit plans and executive compensation arrangements. Our lawyers advise plan administrators, plan sponsors, including publicly-traded companies, and other plan fiduciaries on all aspects of plan design and continuing compliance with the applicable requirements of ERISA, the tax code, and where applicable, state insurance laws. Our employee benefits group has earned a particularly strong reputation for their work in tax-advantaged deferred compensation programs, which are critical to attracting top level talent. The benefits services we provide include:
- Counsel Relating to Benefit Plans: We assist clients in maintaining the tax-qualified status of pension, profit-sharing, savings and retirement plans, including 401(k), 403(b), 408 and 457 plans, and provide advice for non-qualified deferred compensation arrangements, including 409A plans.
- Plan Design: We assist clients in designing and administering stock-based compensation programs.
- Fiduciary Obligations: We assist clients in meeting fiduciary rules of conduct and the development of “best practices” for fiduciary decision making.
- Representation Before Agencies: We regularly represent employers in audit and other proceedings before government agencies, such as the U.S. Department of Labor and the Internal Revenue Service.
- Reporting and Notice Obligations: We assist clients on meeting reporting and disclosure obligations, including those relating to SARs, SPDs and SMMs. We also assist clients in meeting notice requirements under HIPAA and COBRA.
- Litigation: We represent plan administrators, plan sponsors and other plan fiduciaries in litigation relating to the administration of benefit plans.
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News & Insights
- U.S. News & World Report/Best Lawyers Select Nutter As A Top National Firm in 2018 “Best Law Firms” Survey11.01.2017
- Seth Berman to Present on The Intersection of HR and Cybersecurity: How to Mitigate Threats from Within at Labor, Employment and Benefits Breakfast BriefingNutter, 12.13.2017
- Liam O’Connell Presents at the Massachusetts Bar Association’s Labor & Employment Section’s 44th Annual Robert Fuchs Labor Law Conference10.24.2017
- Liam O'Connell Presents on the Massachusetts Pay Equity Act at the Massachusetts Bankers Association Employment Law Update10.17.2017
- Writing for Massachusetts Lawyers Weekly, David C. Henderson and Matt Ritchie Analyze Amendments to the Massachusetts Equal Pay Act06.20.2018 | Article
- 04.23.2018 | Article
- 04.03.2018 | Legal Advisory
- 03.22.2018 | Legal Advisory
- 12.22.2017 | Legal Advisory
- A Short Primer For Massachusetts Employers on Employee Defamation Claims: Insights from Nutter’s David C. Henderson12.19.2017 | Legal Update
- 11.14.2017 | Legal Advisory
- 10.10.2017 | Legal Update
- 09.22.2017 | Article
- 07.20.2017 | Legal Advisory
- BLS Blog, 04.10.2018
- Executive Comp Exchange, 04.03.2018
- Non-Compete Legislation Update: Minnesota Remains Among States that Require Employers to Provide Advance Notice of any Non-CompeteNon-Compete Law Blog, 12.19.2017
- BLS Blog, 11.29.2017
Nutter’s eDiscovery team is comprised of knowledgeable and seasoned litigation attorneys working in concert with our litigation technology professionals. Nutter is focused on providing creative, agile, and cost effective eDiscovery solutions to our clients starting from preservation at the initial anticipation of litigation through production, retention, and, ultimately, destruction.
Our multidisciplinary team understands the ever-expanding universe of data and the technical, legal, and financial challenges it presents. Nutter has a deep bench of litigation attorneys with extensive experience handling complex eDiscovery matters. Nutter’s litigators draw on the substantial technical expertise from the firm’s technology professionals, including multiple Certified E-Discovery Specialists (CEDS) with the Association of Certified E-Discovery Specialists (ACEDS).
What We Do
Our experienced litigation technology professionals can handle Electronically Stored Information (“ESI”) internally from collection to production through our advanced technology platforms, or work with our vendors and our clients to craft a tailored approached to ESI management. We have extensive experience in managing all aspects of the eDiscovery process, including identification, preservation, collection, review and analysis, and production. Our data hosting infrastructure provides secure access to clients and external parties at a cost significantly below vendor market rates.
The Nutter team, led by Seth Berman, leverages its experience with a wide array of workflows and advanced technology, including technology-assisted review, to maximize efficiency in the document review process with strategies that are defensible in court. We design meticulous quality control procedures when managing a team of expertly trained contract lawyers and advanced forensic data analysis firms, to ensure an effective and efficient process.
Nutter approaches each new eDiscovery challenge with practical and defensible processes to ensure a streamlined and cost-effective outcome.