- Advising clients regarding formal and informal complaints of whistleblowing, discrimination, harassment, and other workplace violations and matters.
- Advising clients regarding all aspects of workplace change and restructuring, including federal and state Worker Adjustment and Retraining Notification Act issues, severance plans, retention agreements, and compensation and benefits issues.
- Advising and creating appropriate documentation for workforce reclassifications, including issues involving potential back pay, front pay, timekeeping, and benefits.
- Developing policies and advising/training human resources and employee-relations personnel on proper investigative techniques and procedures for handling internal complaints by employees.
- Conducting workforce classification audits regarding exempt/non-exempt and independent contractor classification.
- Representing private equity firms, parent corporations, and/or their boards in restructuring the workforce of their portfolio companies and/or subsidiaries, including negotiating the separation and hire of all senior executives and advising on broader workforce restructurings and reductions in force.
- Advising on all wage and hour practices for employees, including advice regarding compensation, timekeeping practices, remote working arrangements, pre-shift and post-shift work, and meal and rest-break issues.
- Advising on all contingent workforce issues, including negotiating vendor agreements and developing staffing protocols with staffing agencies, Professional Employer Organizations and/or employee leasing firms.
- Developing best practices for use of criminal background and credit information of applicants consistent with evolving Equal Employment Opportunity Commission (EEOC) guidance, including creating decisional matrix documents, governing documents for decisional committees, and negotiating revised background check policies and practices via conciliation with the EEOC.
- Advising employers on the development of affirmative action plans.
- Developing policies and best practices for English fluency employment requirements and “English-only” rules on the job, consistent with EEOC guidance.
Weil was engaged by the Audit Committee of the Board of Directors of ARCP, a publicly-traded real estate investment trust, to conduct an internal investigation of allegations of accounting irregularities. The investigation resulted in a restatement and the separation from the company of several top executives. A multi-disciplinary Weil team advised the Audit Committee and the Board of Directors with respect to all aspects of the investigation and the resulting fallout.
Weil played a leading role in an expedited and intensive internal investigation of an anonymous complaint alleging misconduct and favoritism by the organization’s CEO and President based on gender – which culminated in his resignation. The matter was covered extensively by New York and global media, including The New York Times and The Wall Street Journal.
In the area of Employment Counseling, clients note that Weil “has proven to be very responsive to our needs and has secured terrific results.”
Legal 500 US
Our clients regularly turn to our Employment Litigation Practice for counseling and advice, as well as when tough judgments, reputational issues, or more complex matters are presented.