Employment Law & Labor Relations
As employers face increasingly complex regulations and workplace challenges, the employment and labor attorneys at Miller Nash are dedicated to helping clients understand their legal obligations, implement tools and strategies to demonstrate compliance, and effectively manage risk. We represent local, regional, and national companies and public entities and institutions in all facets of labor and employment law in union and nonunion environments.
Whether navigating fast-moving situations such as the COVID-19 pandemic and the resulting disruptions to traditional workplaces, advising on the life-cycle of employees beginning with the recruitment and hiring process, or addressing and resolving employment and labor disputes, our attorneys partner with clients to help effectively manage their employees and maintain a positive and productive workplace.
Human Resources Advice, Compliance, and Trainings
We work with employers every day to manage their workforces with practical and proactive employment strategies that strengthen their employee relations, comply with legal regulations, reduce potential claims, and inform their business practices.
Our attorneys work closely with our clients' human resource professionals, managers, and executives and provide advice on day-to-day workplace and personnel-related matters, including performance management; discrimination and harassment prevention; remote work considerations; disability and religious accommodation; leave laws; pay equity; EEO practices and diversity, equity and inclusion initiatives; classification of employees and independent contractors; wage and hour compliance; unemployment benefits; workplace safety; and reductions-in-force/layoffs.
We draft a full range of employment agreements and policies for clients, including employee handbooks, executive employment agreements, offer letters, noncompete and nonsolicitation agreements, confidentiality agreements, arbitration agreements, termination notices, and separation agreements.
We also regularly conduct trainings and workshops on employment topics, including harassment, retaliation and discrimination prevention; supervisory best practices; workplace policies and employee protections; attendance management strategies; workplace violence and prevention; social media policies and related challenges; employee accommodations and ADA compliance; and relevant case law changes. We also offer free resources to keep clients current on important legal developments with email alerts, webinar broadcasts and archives, and annual seminars.
Dispute Management and Litigation
We advise and counsel employers on resolving employment disputes before they become lawsuits. If an employer is faced with an employment claim, we work closely with their management team to engage in a thorough early evaluation and develop strategies based on short-term and long-term interests in minimizing litigation risk and in successfully operating their business.
Our employment law and trial lawyers represent clients in federal and state courts, in arbitrations, and before administrative agencies such as the Equal Employment Opportunity Commission, the National Labor Relations Board, and state employment and labor agencies. Miller Nash attorneys have successfully defended through trial and appeal the full range of employment-related claims, including:
- Class actions
- Wage and hour audits and claims
- Misclassification disputes
- Protected leave claims
- Noncompete, nonsolicitation, and nondisclosure agreements
- Whistleblower and retaliation claims
- Discrimination, harassment, and retaliation claims
- Bargaining actions, unfair labor practice charges, and other union disputes
- Constitutional claims against public entities, including First Amendment disputes
- Breach-of-contract claims
- Wrongful termination, defamation, and tortious interference with contract
- Trade secret violations
Our team also regularly conducts independent workplace investigations regarding personnel at all organization levels on issues of varying scope, complexity, and sensitivity, including sexual harassment or sexual misconduct complaints; allegations involving bias or discrimination; complaints related to FMLA or state-leave protections; complaints of retaliation; and violations of corporate policies.
Employee Mobility
Our clients do business in regions and industries that are among the most competitive for talent in the country. Their success depends on hiring and retaining quality employees, keeping proprietary information away from competitors, and preserving relationships they’ve worked hard to create. Miller Nash is an experienced partner at all stages of the employment lifecycle. We support our clients' recruitment of top talent by minimizing risk of claims by former employers. We protect our clients’ business by preparing proactive onboarding, confidentiality and offboarding policies. And we enforce our clients’ rights—in court if needed—when a departing employee threatens to compete unfairly by breaching contractual duties or misappropriating intellectual property, confidential information, or trade secrets.
Labor Relations
Managing relationships between employers and employees in a labor relations landscape requires experienced advisors. Miller Nash's labor and employment attorneys help employers develop strategies to deal with an already unionized workforce or support efforts to remain union-free. We regularly represent clients at the bargaining table, before the National Labor Relations Board, and in local and state agency investigations and hearings, together with providing advice and counsel on issues affecting the unionized workforce.
Global Employment Assistance Network
To assist clients who operate in multiple geographic regions, our firm is a member of Employment Law Alliance (ELA). The ELA is a global network composed of established independent law firms, linked together to provide quick responses to clients’ needs. The network includes employment and labor practitioners in all 50 states and 300 cities around the globe. Miller Nash is the exclusive Washington, Oregon, and Alaska representative of the ELA.
For the latest updates on employment law and labor relations issues, visit our blog for employers: Employment Law in Motion.
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