Described in the 2011 edition of Chambers USA as a “labor and employment giant [that is a] go-to firm for high-profile cases,” Akin Gump Strauss Hauer & Feld LLP has been repeatedly recognized as having one of the nation’s premier labor and employment practices. The firm’s labor and employment lawyers represent a wide range of employers on their most complex and challenging labor and employment legal problems.

The quality of our labor and employment lawyers and the collective depth of their knowledge in all areas of employment law have earned recognition by Law360, which, in 2009, rated the firm as one of the nation’s “top employment law defense practices.” The practice has also been recognized by Chambers USA as a leading nationwide labor and employment practice.

More important, however, is how our clients describe our practice. As they told Chambers USA for its 2011 edition:

“A go-to group that really addresses the needs of the client; if we have a crisis this is our first port of call.”

“The firm is responsive, thoughtful in analysis, practical-minded, and conscious of expenditure.”

Many of our lawyers have served at federal government agencies in substantial roles, including as general counsel of the Equal Employment Opportunity Commission (EEOC), and also served as leaders in the bar in their field.

Our lawyers handle cutting-edge issues in high-stakes litigation in the areas of wage and hour and employment discrimination. We have obtained groundbreaking successes in these areas against the nation’s best plaintiffs’ firms. Our cases are frequently cited as standard-setting by courts, government administrators and other lawyers.

While we often are involved in making new law and handling headline-grabbing cases, our abiding goal is to help each of our clients achieve the best possible outcome for their business, whether by early settlement or through trial and appeal.

We apply these same principles when helping clients in an array of complex labor-management controversies and issues, including organizing campaigns, collective bargaining negotiations, unfair labor practice charges, corporate campaigns and development of strategies to handle union-related issues for companies in transition.

Our practice also includes deep knowledge and experience in a range of other workplace challenges, including ERISA and employee benefits, workplace safety and health, international labor and employment and whistleblower matters.

For a detailed look at how our practice has helped longtime clients navigate unique, high-risk challenges, we invite you to read The American Lawyer’s profile of how we helped one client deal with a unique challenge to its tip-distribution system under wage hour laws.

Our specific subspecialties include—

Wage and Hour Litigation Practice

Akin Gump has one of the country’s premier wage and hour litigation defense practices. We have defended more than 200 wage and hour collective and class actions over the past 15 years against some of the most prominent plaintiff-side firms. We have represented some of the country’s most recognized and respected businesses in wage and hour litigation. Our ability to offer clients comprehensive service is built on our extensive experience handling these cases at every stage, including trial of class and collective actions and appeal. We have an established record of achieving excellent results that are both cost-effective and consistent with the business needs of our clients. Our partners, two of whom have served as senior editors of the Fair Labor Standards Act (BNA) treatise, are recognized leaders in wage and hour law.

Our class and collective action experience includes—

• employee classification
• preliminary and postliminary activities
• meal periods and rest breaks
• “off the clock” work
• wage payment issues
• issues related to payment and distribution of tips
• independent contractor versus employee issues
• compensability of time under collective bargaining agreements.

Our attorneys have developed a broad range of innovative strategies to attack wage and hour class and collective actions, including—

• Use of Experts - Our lawyers were among the first to use sophisticated expert analyses—including expert witnesses in the areas of statistics, labor economics and surveys—to defend against class claims.
• Use of Class Member Testimony - We have developed and refined methods to quickly gather critical class member testimony.
• Limiting Discovery - We have succeeded in limiting discovery in some instances to a small subset of class members, so that the company can present its “best case” while reducing class litigation costs.
• Strategic Use of Summary Judgment - Our lawyers have used early summary judgment as an option for ending class cases early or exposing disparate factual issues that preclude class treatment.
• Trial and Appeal - We are one of only a few firms with meaningful wage and hour class action trial experience.

Employment/EEOC Litigation and Counseling

At the core of our EEO practice are three lawyers who have worked inside the EEOC’s Office of General Counsel in Washington, D.C. One of them, the practice leader, is a former general counsel of the EEOC who literally wrote the book on dealing with, and litigating against, the EEOC (EEOC Litigation and Charge Handling (ABA)) and who has received a Band 1 rating from Chambers USA 2010 and 2011. He has been praised by clients for his knowledge of procedures and practices within the organization—“he is a great lawyer, listener and litigator. In addition, he’s an excellent strategic thinker who is always on the cutting edge.” (Chambers USA 2011)

Our EEO attorneys specialize in class litigation across the full spectrum of discrimination claims and in industries ranging from retail to electric utilities to insurance. They are also dedicated both to defending EEOC “pattern or practice” cases as well as to handling major EEOC investigations. They possess “not only a sophisticated understanding of the issues, but an understanding of the needs of a large Fortune 100 company.” (Chambers USA 2008)

We have never allowed a client to suffer an adverse class judgment in an EEO case. In the vast majority of cases, our attorneys have been successful in defeating class certification, and, in one of the few EEO cases nationwide where a class was certified and the case went to trial (Paige, et al. v. California Highway Patrol), we obtained a defense verdict following an eight-week jury trial of race and national origin discrimination claims.

Relying on our vast experience with, and adverse to, the EEOC, we are frequently called upon to represent clients who are being investigated by that agency for alleged systemic discrimination. Often, we are brought in to replace, or occasionally assist, the law firm that initially handled the matter. In that regard, clients reported that our practice “is highly valued for [its] insight into the workings of government.” (Chambers USA 2010)

Typically, our work in cases involving the EEOC brings a quiet resolution. However, in a case where such a resolution was not possible, our work on the client’s behalf in a gender discrimination class action achieved what The Washington Post characterized as “the EEOC’s greatest defeat.”

Labor and Employment Issues in Financial Restructuring and Corporate Transactions

Our lawyers have extensive experience developing and implementing comprehensive labor relations strategies for clients contemplating corporate transactions, such as restructurings, asset sales, asset purchases, mergers, acquisitions and reductions in force. We realize that all types of transactions—whether complex or relatively straightforward—can have meaningful labor implications. We have significant experience identifying such issues through the due diligence process and providing innovative and effective strategic advice to confront such issues.

Our lawyers know that corporate transactions are often met with aggressive union tactics, such as creative and ambitious schemes to gain leverage in negotiations or to facilitate organizing. Early identification of union strategies and company pressure points is often the key to a transaction’s success.

Further, our lawyers are intimately familiar with the range of issues that arise in the financial restructuring context, representing both creditors committees and debtors. We provide strategic counsel in connection with complex reorganizations, advise on facility closures and reductions in force, ensure that executive employment and indemnification agreements conform to court-ordered requirements, negotiate executive and collective bargaining agreements and conduct diligence in connection with backstop agreements and emergence from bankruptcy.

Labor Relations Strategic Advice and Bargaining

The firm provides experienced representation in corporate campaigns; union avoidance; collective bargaining negotiations; strategy and contract administration; proceedings before the National Labor Relations Board (NLRB), including the defense of unfair labor practice charges; counseling and litigation in connection with strikes and related issues such as striker replacement; and arbitration and litigation of disputes under existing contracts. This experience spans numerous industries from sports and entertainment to energy and manufacturing. Our partners include former NLRB attorneys and a contributing editor to the Developing Labor Law (BNA/ABA) treatise.

Akin Gump labor lawyers have extensive experience helping clients respond to union corporate campaigns through the development and implementation of legal, legislative, regulatory, public relations and corporate governance strategies. Firmwide, they routinely represent management in grievance arbitrations involving discipline and discharge, contract interpretation and breach of contract. Collectively, attorneys at the firm have handled hundreds of arbitrations. These include significant contract interpretation arbitrations relating to important company initiatives such as corporate reorganization and cost reduction efforts. The firm has successfully defended claims having important ramifications for business practices in the areas of automation, scope of bargaining unit work and computation of pension and welfare plan contribution rates.

Workplace Safety and Health Regulatory Advice and Litigation

Our lawyers provide a broad range of workplace safety and health legal services to the firm’s clients. Our lawyers have represented clients in more than 150 workplace accidents, more than 100 fatality cases and dozens of contested cases before federal and state workplace safety agencies. We have worked with clients in a wide array of industries, including construction, retail, service, petrochemical, pipeline, trucking and railroads.

Our lawyers work with clients in every aspect of the practice, from advice on compliance and interpretation of regulations to trial and appellate litigation before courts and federal and state administrative agencies. Our lawyers have experience managing inspections conducted by workplace safety agencies and negotiating favorable informal settlements of Occupational Safety and Health Administration (OSHA) citations. We also help our clients to structure and implement compliance programs to mitigate risk of workplace accidents, injuries and regulatory liability.

• Disaster Response and Recovery - We represent companies in their comprehensive (legal, regulatory, investigative) response to workplace fatalities and disasters.
• Whistleblower, Retaliation Defense - We represent companies in investigations and litigation involving allegations of whistle-blowing and retaliation under the Occupational Safety and Health Act and other laws enforced by OSHA.
• Inspections and Enforcement Actions - We represent companies in OSHA inspections, citation enforcement actions and criminal investigations and enforcements. Our attorneys have handled cases involving alleged willful, repeat and egregious penalty cases.
• Compliance Advice - We offer clients assistance in developing workplace safety and health policies and procedures, as well as in analyzing trends and gathering lessons from accidents and cases.
• Due Diligence in Corporate Transactions - We perform due diligence reviews during mergers and acquisitions to assess the target’s compliance status and potential liabilities related to workplace accidents, injuries, illnesses and exposures to toxic substances.
• Accident Response Planning - We offer clients assistance in the development of accident response plans that help address issues of ongoing regulatory investigations and compliance, liability, operational continuity, employee relations and media.
• Agency Rulemaking - We represent employers and industry associations in a broad range of rulemaking proceedings on critical OSHA standards, including the 2010 proceedings involving OSHA’s ergonomics standard.

Employee Benefits/Executive Compensation (ERISA) Advice and Litigation

Our executive compensation and benefits lawyers represent firms, as well as executives, principals and portfolio managers, in connection with employment, compensation and benefits issues. They frequently negotiate term sheets, employment agreements and severance agreements. In addition, they have extensive experience handling arbitration and litigation of disputes involving executive employment agreements, benefits and restrictive covenants.

In the area of restrictive covenants and post-employment disputes, our lawyers regularly advise clients regarding the enforceability of non-compete agreements, non-solicitation provisions and other restrictive covenants, as well as pursue and defend litigation in the “war for talent.” On a daily basis, our lawyers counsel corporations, hedge fund and private equity clients in connection with hirings, terminations and “best practices” in employment matters. Our lawyers have specific experience in every facet of labor law, employment law and employee benefits.

Our lawyers are experienced in defending cases arising under ERISA, including cases alleging interference with statutory rights, complex claims of fiduciary breach and violation of ERISA’s nondiscrimination provisions. We have represented clients in high-profile “stock drop” class actions, claims seeking benefits on behalf of allegedly “misclassified” workers and Department of Labor investigations and litigation. ERISA claims frequently are combined with claims under other state and federal employment laws, and Akin Gump has the depth and experience in employment litigation to provide an appropriate and effective team to handle any dispute involving executive compensation, benefits or separation from employment.

Sarbanes-Oxley and Other Whistleblower Defense and Counseling

Our lawyers defend clients in whistleblower proceedings under the Sarbanes-Oxley Act, the Occupational Safety and Health Act, the Federal Rail Safety Act and other federal statutes, as well as against private claims in state or federal court.

We also assist companies with—

• retaliation and whistleblower avoidance procedures, including drafting, counseling and implementation of confidential complaint procedures related to corporate fraud
• development and implementation of ethics and document retention policies
• counseling and investigations regarding complaints of corporate fraud, retaliation and other policy violations.

Labor and Employment Issues Affecting Government Contractors

Our lawyers regularly assist federal government contractors on the various workplace-related issues they face in doing business with the United States. We assist clients in their compliance obligations with Executive Order 11246 and with investigations by the Office of Federal Contract Compliance Programs. We also assist companies in their compliance with prevailing wage laws, including the Service Contract Act and the Davis-Bacon Act. Recently, we have been working with our federal contractor clients in regard to their obligations under Obama administration executive orders governing labor relations issues.

International Employment Advice

Global opportunities bring with them global legal challenges that require in-depth knowledge of local laws and customs. In recent years, nowhere has this been truer than in employment practices or, more accurately, the social dimension of doing business overseas. Our international labor and employment practice advises, counsels and litigates for both domestic and multinational employers. Our depth of experience and knowledge in cutting-edge employment matters worldwide gives our clients the edge in proactively handling the challenges of globalization.

• Transnational Issues - One of the greatest challenges for a transnational corporation is managing legal issues in multiple jurisdictions. We have tackled transnational legal issues in more than 50 countries in Europe, South America, Asia, Africa and the Middle East.
• Multinational Fora - The International Labor Organization, United Nations, World Trade Organization and the Organization for Economic Cooperation and Development are just a few of the myriad organizations driving social policy worldwide. They are often viewed by nongovernmental organizations (NGOs) as a means to advance their own political or economic agendas, including adoption of international labor standards and local laws for regulating labor. Akin Gump’s experience with NGOs, international organizations and the international standards they promulgate equips our team with insight into, and a broad-based understanding of, the policy, instruments, strategy and tactics employed in multinational fora.
• International Compliance Audits - In a dynamic marketplace, amidst frequent changes in laws and regulations, Akin Gump ensures that our clients keep abreast of important developments and address important employment issues. We have extensive experience in conducting transnational audits for our global clients, providing detailed reports of compliance, taking essential steps to rectify concerns and managing the assistance of local counsel to ensure the result provides high value to our clients.
• International Policy and Litigation - While proper planning can help mitigate risk, it cannot eliminate all risk. The Internet has made possible an unprecedented level of coordination among groups opposing client plans and policies, exponentially increasing both the effectiveness of their tactics and the complexity of responding to them. When trouble strikes, Akin Gump can quickly field a team of lawyers who are both familiar with the international scene and ready to tackle complex issues in multiple policy and legal arenas.
• Corporate Governance, Social Policy and Public Relations - Cutting-edge litigation, negative publicity and targeted public pressure await the company that does not properly manage its international supply chain. Akin Gump advises clients on how to avoid serious issues arising from problematic employers within the international supply chain. Informed by our contacts within the watchdog organizations and our knowledge of their operations and strategies, we have assisted many employers through the rough waters of public controversy over supply chain issues.
• Data Privacy and Protection - An important and rapidly changing topic throughout the world, data privacy and protection is a growing concern for employers. It is increasingly becoming the rule that entities engaged in the collection, distribution or utilization of personally identifiable information about individuals are required by law to protect the privacy and security of that information. Our attorneys have extensive knowledge, resources and experience in developing the best practices in data acquisition and handling from a global perspective. We work with clients to develop and implement employee data privacy policies and procedures that comply with the EU Data Protection Directive and local laws of other jurisdictions, draft data protection consent agreements, ensure certification under safe harbor laws and register with local data protection authorities in various jurisdictions worldwide.

Appeals in Employment Cases

One of the other features that set our labor and employment practice apart is the firm’s appellate capability. Our partners have briefed and argued appeals in every circuit court and the U.S. Supreme Court. Our labor and employment lawyers partner frequently with our appellate lawyers.

The firm’s Supreme Court practice has handled matters spanning the gamut of federal law. In these matters, the firm prepares petitions for certiorari and briefs in opposition to certiorari; organizes amicus efforts and files amicus briefs at both the petition and merits stages; represents clients before the solicitor general in cases in which the federal government is considering participating; and litigates cases on the merits in both briefing and oral argument.