Labor & Employment Department

Mintz & Gold strongly believes in preventive lawyering. Often, a quick telephone call from a client can prevent a situation where the client's decision is open to challenge, so we encourage our clients to consult with us before they act.

Employment

Wage and Hour. Mintz & Gold counsels its clients on the requirements of the minimum wage and overtime laws; insuring that they take full advantage of the overtime exemptions without jeopardizing those exemptions by making improper salary deductions. We also represent clients before federal and state courts and agencies with regard to wage and hour disputes, including class and collective actions. Jeffrey Pollack has authored numerous published articles on wage and hour issues.

Employment Discrimination. Mintz & Gold counsels it clients regarding all anti-discrimination laws. We regularly represent clients before various agencies charged with enforcing those laws; and, when necessary, represent clients in state and federal courts with regard to claims of employment discrimination.

Employment Agreements. Mintz & Gold routinely negotiates and prepares employment, non-competition, independent contractor, and separation agreements. If necessary, we also litigate breaches or threatened breaches thereof.

Statutory Compliance. Mintz & Gold helps its clients comply with the myriad of federal, state, and local laws affecting the employer-employee relationship, including the Family and Medical Leave Act, COBRA, and the WARN Act.

Employment Policies and Manuals. Mintz & Gold develops written employment policies and manuals tailored to our clients' specific needs, and assures the client gets the maximum protection available from such polices.

Alternative Dispute Resolution. Many companies seek the advantages of alternative dispute resolution mechanisms. Mintz & Gold can design an Alternative Dispute Resolution system that meets the specific needs of your company, whether you have 20 employees - or 20,000.

Substance Abuse Testing. Many of our clients are required by federal Department of Transportation regulations to conduct drug and alcohol testing. Mintz & Gold designs testing polices that comply with those regulations; and, when necessary, litigates challenges to drug testing results and attendant consequences.

Labor

Union Avoidance. By fostering understanding and communication between management and employees, many companies can prevent the perception that a union is necessary. Mintz & Gold works with management to design policies and practices that create a positive and productive environment in order to avoid a union organizing campaign.

Union Elections. During a union organizing campaign, the National Labor Relations Act prohibits many actions normally within management's discretion. Violating these prohibitions, some of which may seem illogical, can prove extremely costly. Depending on the violation, an employer may even be forced to bargain with the union WITHOUT AN ELECTION. It is imperative, therefore, that you retain experienced labor counsel to protect your interests. Mintz & Gold can successfully guide your company through a union organizing campaign.

Unfair Labor Practices. Under the procedures of the National Labor Relations Board, the very same person who investigates an unfair labor practice charge may later prosecute that charge. Consequently, an employer faced with such a charge must proceed carefully. Mintz & Gold represents clients during the investigation and prosecution of unfair labor practice charges.

Collective Bargaining. Sometimes, the difference between bargaining in good faith and bargaining in bad faith depends on the language used during negotiations. Mintz & Gold has substantial experience negotiating collective bargaining agreements in many different industries. For example, we regularly represent the New York City school bus contract in regarding all 4000 New York City school bus drivers and aides.

Grievance Arbitration. Most collective bargaining agreements contain a grievance procedure, culminating in mandatory arbitration. Mintz & Gold represents employers before the American Arbitration Association, the New York State Employment Relations Board, as well as private arbitrators.

Training And Development

Mintz & Gold trains management and supervisory personnel to comply with applicable statutory requirements, foster a positive and powerful work environment, and prevent employer-employee conflict.
For more information contact Jeffrey Pollack

Mintz & Gold LLP
600 Third Avenue, 25th Floor:: New York, NY 10016
Telephone: (212) 696-4848 :: Fax: (212) 696-1231