The Baker Botts labor and employment group represents employers nationwide in all aspects of labor and employment law. Many of our lawyers are Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, two are Fellows in the College of Labor and Employment Law, and several are named in The Best Lawyers in America in this field. The practice has also been highly-ranked by Chambers USA since 2005, in the category of Employment: Mainly Defendant. According to interviews conducted by Chambers, "the depth and experience and 'dogged enthusiasm'" of our practice are key reasons that "clients were full of praise for the team's 'emphasis on responsiveness and strategy' resulting in an 'impressive work product.' Further clients say they can put their 'trust in the lawyers' judgment on really important matters.'"
Employment Litigation
Companies call on Baker Botts to represent their interests, and especially in the litigation "hot spots," because of our experience and knowledge of state-specific labor issues, each community's legal climate, jury pools, options for counsel, court personnel and business/economic drivers. Our labor and employment lawyers handle employment litigation, trying the following types of disputes in state and federal courts and before arbitrators:
- Employment discrimination claims, including class actions, under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act and state and local discrimination laws
- Workplace harassment claims
- Wage claims and collective action under the Fair Labor Standards Act and state compensation laws
- ERISA claims for benefits and for breach of fiduciary duty
- Claims arising under leave of absence statutes, including the Family and Medical Leave Act
- Breach of employment contract lawsuits
- Employment tort litigation such as claims for intentional infliction of emotional distress; invasion of privacy; fraud; defamation; and negligent hiring, supervision and retention
Our lawyers also have extensive experience prosecuting and defending hybrid employment/business litigation matters involving covenants-not-to-compete, theft of trade secrets and misappropriation of confidential/proprietary business information. We are often engaged by our clients – oftentimes with little – to obtain temporary restraining orders and injunctions in state and federal courts.
We represent employers nationwide and handle a large docket of individual and class action lawsuits in state and federal courts throughout the United States. We have an efficient and cost-effective approach to working with in-house counsel and, when appropriate, with local counsel, so that employers can rely on receiving consistent, high-quality representation throughout the United States. We tailor our approach to each client's needs and priorities. Our labor and employment lawyers handle administrative proceedings before the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, the Department of Labor, the Office of Federal Contract Compliance Programs and a variety of state and local agencies.
Labor Relations
We are experienced in all aspects of a traditional labor relations practice, including union avoidance training, responding to union organizing campaigns, labor contract negotiations, and unfair labor practice and representation cases before the National Labor Relations Board. We have tried hundreds of arbitration cases involving a broad range of disputes under labor contracts.
Preventative Advice and Counseling
We help employers achieve and maintain compliance with evolving federal, state and local employment laws. We regularly conduct employee training and counseling programs and perform equal employment and wage and hour compliance audits. We also conduct internal investigations of workplace harassment and other complaints of workplace misconduct. In addition, we help employers prepare and administer affirmative action plans, OSHA safety programs, severance programs and related agreements, and employee manuals and policies, including substance abuse and leaves of absence programs and alternative dispute resolution programs.